As used in this division, the following terms shall have the following meanings:
COSTS: All costs and expenses of the county incurred with the emergency response to, prevention, cleanup or abatement of the actual or potential release of hazardous materials and shall include, but shall not be limited to: actual labor costs of the county and law enforcement or other emergency response organization personnel involved in the emergency response to, prevention, cleanup or abatement of the actual or potential discharge of hazardous materials (including workers' compensation benefits, fringe benefits, pension costs and administrative overhead); cost of equipment operation, damage and loss; cost of materials obtained directly by the county and cost of any contract labor and materials.
EMERGENCY RESPONSE ORGANIZATIONS: Ogle County emergency response organizations shall include, but are not limited to, the emergency management agency, sheriff's department, health department, highway department, coroner's office or any other organization that assists in bringing the incident to a close.
FACILITY: Any building, structure, installation, equipment, pipe or pipeline including, but not limited to, any pipe into a sewer or publicly owned treatment works, well, pond, lagoon, impoundment, ditch, landfill, storage container, tank, motor vehicle, truck trailer, rolling stock, aircraft. Also, any site or area where a hazardous material has been deposited, stored, disposed of, abandoned, placed or otherwise come to be located.
HAZARDOUS MATERIALS: Any substance or materials which, due to its quantity, form, concentration, location, or other characteristic, is determined by the county emergency management agency coordinator, or other emergency response organization personnel to pose an unreasonable and imminent risk to the life, health, or safety of persons or property or to the ecological balance of the environment, which are toxic, flammable, corrosive, explosive, carcinogenic or radioactive including, but not limited to, any substance or material which is designated a hazardous material pursuant to the "hazardous materials transportation act" (49 USCA section 1801 et seq.) or any other federal or state law or regulation. This definition shall also include substances believed to be hazardous, but later determined to be nonhazardous through the efforts of emergency actions.
MUTUAL AID: Any action taken by the county pursuant to an intergovernmental agreement.
PERSON: Any individual, business, firm, partnership, corporation, association, trust, estate, joint venture or other legal entity, or their legal representative, agent or assign.
RELEASE: Any spilling, leaking, pumping, pouring, emitting, escaping, emptying, discharging, injecting, leaching, dumping or disposing of a hazardous material into or on any land, air, water, well, stream, sewer or pipe so that such hazardous material or any constituent thereof may enter the environment.
REMEDIAL ACTION: Any action consistent with permanent remedy taken instead of, or in addition to, removal actions in the event of a release or threatened release of hazardous materials into the environment to prevent or minimize the release of hazardous materials so that they do not migrate to cause a substantial present or potential hazard to human health, property or the environment. The term includes, but is not limited to, such actions at the location of the release as storage, confinement, perimeter protection using dikes, trenches or ditches, clay cover, neutralization, cleanup of released hazardous materials or contaminated materials, recycling or reuse, diversion, destruction, segregation of reactive wastes, repair or replacement of leaking containers, collection of leachate and runoff, on site treatment or incineration, provision of alternate water supplies and any monitoring reasonably required to assure that such actions protect the public health and welfare and the environment. This also includes any actions deemed necessary by the emergency management agency coordinator or other emergency response organization personnel to prevent a discharge of hazardous materials from occurring at the scene of an accident or incident to which an emergency response organization has been summoned.
REMOVAL: The cleanup or removal of released hazardous materials from the environment, such actions, as may be necessary or appropriate to monitor, assess and evaluate the release or threat of release of hazardous materials, the disposal of removed material, or the taking of such action as may be necessary to prevent, minimize or mitigate damage to public health or welfare of the environment. The term includes, but is not limited to, security fencing, provision of alternate water supplies, and temporary evacuation of threatened individuals.
RESPONSE: Any removal or remedial action by personnel and/or equipment of the county, or other emergency service providers and contractors utilized by the county in relation to any accident, incident or location within the boundaries of the county where hazardous materials are being used, stored, transported, manufactured or dumped and such accident or incident has created an increased potential for discharge has occurred. (Ord., 3-20-2007)