As used in this subchapter, the following words and phrases shall have the meaning indicated unless the context otherwise requires:
CONFINED SPACE. A space that is large enough and so configured that a person can bodily enter and perform assigned work; and has limited or restricted means for entry or exit (i.e., tanks, vessels, silos, storage bins, hoppers, vaults, and pits are spaces that may have limited means of entry) and is not designed for continuous occupancy.
COSTS. Those expenses that are incurred as a direct result of the special operations incident, including but not limited to the following:
(1) All reasonable and necessary costs incurred for response, incident assessment, control, containment and abatement of a special operations incident, to include costs associated with transportation and temporary storage of hazardous materials if such transportation and temporary storage is necessary to control and contain the special operations incident.
(2) All reasonable and necessary costs incurred by the city for ensuring the safety of the public, both on and off the site of the special operations incident.
(3) The costs of repairing or replacing equipment if said equipment was damaged or destroyed as a direct result of the special operations incident.
(4) The costs of equipment, including rental equipment, utilized by the city to the extent such labor and equipment is necessary for response, incident assessment, control, containment and abatement of the immediate hazard.
(5) Contract labor and equipment utilized by the city for response, incident assessment, control, containment and abatement of the immediate hazard.
(6) Overtime costs for compensation of the city for the time devoted specifically to the incident.
(7) Labor and equipment utilized by the city via a mutual aid agreement for response, incident assessment, control, containment and abatement of the immediate hazard.
(8) Disposable materials and supplies consumed and expended as a result of the incident, including but not limited to, absorbents, foams, neutralization agents, over pack drums or containers.
(9) Decontamination of equipment that is contaminated during the incident.
(10) Laboratory costs for purposes of analyzing samples taken during the release.
(11) The authority to recover costs under this subchapter shall not include costs incurred for actual fire suppression services which are normally or usually provided by the city's fire department or its authorized agents.
(12) When responding to a special operations incident, the response agencies of the city shall keep a detailed record of the costs attributable thereto.
HAZARDOUS MATERIAL. A substance or material that the United States Secretary of Transportation has determined is capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and has designated as hazardous under Section 5103 of Federal Hazardous Materials Transportation Law (49 U.S.C. 5103). The term includes hazardous substances, hazardous wastes, marine pollutants, elevated temperature materials, materials designated as hazardous in the Hazardous Materials Table (see 49 C.F.R. 172.101), and materials that meet the defining criteria for hazard classes and divisions in part 173 of subchapter C of this chapter.
PERSON. An individual, firm, corporation, association, partnership, commercial entity, consortium, joint venture, governmental entity, or any other legal entity.
RELEASE. The accidental or intentional, sudden or gradual spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment (including the abandonment or discarding of barrels, containers and other receptacles containing any hazardous material or substance or waste or pollutant or contaminant) whether such release occurs from a fixed facility or while the materials are being transported.
RESPONDER. Any person authorized to participate in city's coordinated response to a special operations incident.
RESPONSE. The provision of authorized assistance during and following an incident and to reduce the likelihood of secondary damage, and may include incident assessment, control, containment and abatement of the immediate hazard.
RESPONSIBLE PARTY. The person or persons who cause or allow a special operations incident to occur involving any of the aforementioned definitions, without regard to fault or proximate cause.
SPECIAL OPERATIONS INCIDENTS. Activities that include hazardous material, confined space, technical rescue, vehicle machinery rescue, elevated victim rescue and water rescue.
(Ord. 2006-20, passed 2-16-06)