As used in this chapter, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
(a) "CFR" means the Code of Federal Regulations. The number immediately preceding and immediately following the initials CFR shall refer to the volumes, divisions and sections used to identify parts of the Code of Federal Regulations.
(b) "Emergency action" means all of the activities conducted in order to prevent or mitigate injury to human health or to the environment from a release or threatened release of any material into or upon the environment.
(c) "Explosive" means any substance regulated as a Class A or Class B explosive by the United States Department of Transportation, by regulations found in 49 CFR Sec. 173.53 and 173.88.
(d) "Flammable liquid" means any substance regulated as a flammable liquid by the United States Department of Transportation, or by regulations found in 49 CFR Sec. 173.115.
(e) "Flammable solid" means any substance regulated as a flammable solid by the United States Department of Transportation by regulations found in CFR Sec. 173.150.
(f) "Hazardous material" means:
(1) Any substance listed in the list of toxic pollutants found in 40 CFR Sec. 401.15, as amended or,
(2) Any substance designated as a hazardous material by applicable State Law or,
(3) Any compressed gas, explosive, flammable liquid, flammable solid, oxidizer, poison, or radioactive material or,
(4) Any of the following: explosives, pyrotechnics, flammable gas, flammable compressed gas, nonflammable compressed gas, flammable liquid, oxidizing material, any flammable material, poisonous gas, poisonous liquid, irritating material, material that causes disease in humans, gas under such pressure that an explosion hazard exists, radioactive materials, corrosive material or liquified petroleum gas.
(g) "Oxidizer" means any substance regulated as an oxidizer by the United States Department of Transportation by regulations in 49 CFR Sec. 173.151.
(h) "Person" includes any individual, corporation, association, partnership, firm, trustee or legal representative.
(i) "Poison" means any liquid or gas that is life threatening when mixed with air in small amounts, and shall also include all those substances regulated as poison Class A by the United States Department of Transportation by regulations found in 49 CFR Sec. 173.326.
(j) "Radioactive materials" means any substance required by the United States Department of Transportation to have type A packaging or other special protection or closed transport vehicles, under regulations found in 49 CFR Sec. 173.425.
(k) "Recoverable expenses" means in general, those expenses that are reasonable, necessary and allocable to the emergency action. Recoverable expenses shall not include normal expenditures that are incurred in the course of providing what are traditionally local services and responsibilities, such as routine firefighting. Expenses allowable for recovery may include, but are not limited to:
(1) Disposable materials and supplies acquired, consumed and expended specifically for the purpose of the emergency action.
(2) Compensation of employees for the time and efforts devoted specifically to the emergency action.
(3) Rental or leasing of equipment used specifically for the emergency action (such as protective equipment or clothing, scientific and technical equipment).
(4) Replacement costs for equipment owned by the City contaminated beyond reuse or repair, if the equipment was a total loss and the loss occurred during the emergency action (such as self-contained breathing apparatus irretrievable, contaminated during the response).
(5) Decontamination of equipment contaminated during the response.
(6) Special technical services specifically required for the response (such as costs associated with the time and efforts of technical experts or specialists not otherwise provided for by the City).
(7) Other special services specifically required for the emergency action.
(8) Laboratory costs of analyzing samples taken during the emergency action.
(9) Costs of cleanup, storage or disposal of the released material.
(10) Costs associated with the services, supplies and equipment procured for a specific evacuation.
(11) Medical expenses incurred as a result of response activities.
(12) Legal expenses that may be incurred as a result of the emergency action, including efforts to recover expenses pursuant to this ordinance.
(l) "Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into or upon the environment, which causes danger or harm to the public health or to the environment, material classified as hazardous material by any legislation or regulation, by any state legislation or regulation, or by any City ordinance.
(Ord. 2007 -166. Passed 12-28-07.)