§ 8-32. Definitions.

[The following terms shall have the meanings ascribed to them in this section, except where context clearly indicates a different meaning:]

Cost(s) shall mean to include, but is not limited to:

(1)

All costs incurred for response, containment and/or removal and disposal of hazardous materials or remedial actions to include unbudgeted costs associated with its transportation and temporary storage.

(2)

Damages for injury to, destruction of, or loss of natural resources, as determined by the appropriate local, state or federal agency, including the reasonable costs of assessing such injury, destruction, or loss resulting from a hazardous material incident.

(3)

Health costs for persons or animals injured from, or costs of any health assessment or health effects study carried out as a necessity resulting from, a hazardous material incident.

(4)

Labor, including benefits, overtime and administrative overhead.

(5)

Equipment, operation, leasing, repair and replacement where necessary.

(6)

Contract labor and equipment.

(7)

Labor and equipment obtained directly by the county, county agencies or agents, and the municipalities.

(8)

Materials such as sorbents, foam, dispersants, neutralization agents, overpack drums or containers, etc.

(9)

Supervision and verification of cleanup and abatement.

Hazardous material shall mean any substance material defined, listed, characterized, or classified as a hazardous material, hazardous substance, hazardous waste, or toxic substance according to Chapter 38F-41, Florida Administrative Code (Florida Substance List); Title 40, Code of Federal Regulations, Part 261 (Identification and Listing of Hazardous Wastes); Title 40, Code of Federal Regulations, Part 3021.4 (Designation of Hazard Substances); Title 40, Code of Federal Regulations, Part 355, Appendices A and B (List of Extremely Hazardous Substances); and Title 49, Code of Federal Regulations, Parts 172.101 and 172.102 (Hazardous Materials Tables).

Hazardous material incident shall mean actual or threatened release of hazardous substances or materials, including hazardous waste, which pose an imminent threat to the health, safety or welfare of the population.

Hazardous substance shall mean, and includes, any solution, mixture, or formulation containing such material, and any material which, due to its chemical or physical characteristics, is determined by the county to pose a substantial threat to the life, health, or safety of persons or property or to the environment. The term includes, but is not limited to, explosives, radioactive materials, petroleum products, gases, poisons, etiologic (biologic) agents, flammables and corrosives.

Municipality shall mean any municipality within the county adopting the Hazardous Material Incident Cost Recovery Ordinance by interlocal agreement.

Natural resources shall mean land, marine life, wildlife, biota, air, water, ground water, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the county, the county agencies, and the municipalities.

Person shall mean an individual, firm, corporation, association, partnership, commercial entity, consortium, joint venture, governmental entity, or any other legal entity.

Recovery shall mean a phase of emergency management which restores the site of an incident to pre-emergency conditions.

Release shall mean 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.

Response shall mean a phase of emergency management which occurs during and immediately following an incident, provides emergency assistance to victims of the event, and reduces the likelihood of secondary damage.

Responsible party shall mean the person(s) whose negligent or intentional act or omission caused a release; or, the person(s) who owned or had the custody of the hazardous substance or waste at the time of such release without regard to fault or proximate cause; or, the person or persons who owned or had custody or control of the container which held the hazardous substance at the time of, or immediately prior to, such release without regard to fault or proximate cause.

(Ord. No. 92-03, § 2, 1-28-92)