§ 14.5-24. Definitions.

Cost(s). Costs mean those expenses incurred by the county in connection with responding to, investigating, mitigating, abating, cleaning, remediating and removing the discharge of a hazardous substance and recovery efforts related to the event. Such costs include, but are not limited to:

(1)

All costs incurred for response, containment and/or removal and disposal of hazardous material or remedial action;

(2)

Disposal materials and supplies acquired, consumed and expended;

(3)

Use of fire-fighting foam or other extinguishing agents beyond the normal water systems utilized by the fire rescue department;

(4)

Labor, including benefits, overtime and administrative overhead, for personnel used during the response;

(5)

Rental or leasing of equipment;

(6)

Replacement costs for equipment that is contaminated beyond reuse or repair;

(7)

Decontamination of equipment;

(8)

Special technical services and consulting;

(9)

Other special services specifically required, e.g., utilities;

(10)

Laboratory costs for purposes of analyzing samples;

(11)

Services, supplies and equipment procured for a specific evacuation;

(12)

Medical evaluation or treatment or medical surveillance program deemed necessary for any individual involved in response actions;

(13)

Supervision and verification of clean up and abatement;

(14)

Legal and professional fees and costs;

(15)

Miscellaneous costs to include postal, telephone and fax charges.

Discharge. Any intentional or unintentional action or omission resulting in the threatened release or release, spilling, pumping, pouring, emitting, emptying or dumping of a hazardous substance upon public or private property located within Orange County, and which, in the determination of the fire chief or his authorized designee, poses an unreasonable and imminent risk to the life, health, safety or welfare of persons or property within Orange County.

Hazardous material. Any substance or material in any form or quantity which poses an unreasonable risk to safety, health or property.

Hazardous material response team. Organized team of emergency response personnel, especially trained to recognize, respond to and mitigate hazardous materials emergencies, in accordance with the Orange County, Comprehensive Management Plan, and the standards established by the Orange County Fire Rescue Department.

Hazardous substance. Any quantity or form of a substance or material which poses an unreasonable and imminent risk to life, health, safety or welfare of persons or property within the county including, but not limited to, those substances listed in the National Fire Protection Association's "Guide on Hazardous Materials," the EPA's list of "Extremely Hazardous Substances", as contained in 40 CFR 355 or the "Florida Substance List", promulgated by State Department of Labor and Security, or by the Comprehensive Environmental Response Compensation, and Liability Act (CERCLA) in 40 CFR 300.6.

Recovery (from an incident). A phase of emergency management which restores the site(s) of an incident to pre-emergency conditions.

Release. Means any 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 actions. Any activity which is carried out in response to a threatened discharge or discharge of any hazardous substance, including but not limited to: investigating, monitoring, assessing, containing, cleaning up or disposing of hazardous substances.

Responsible party. One (1) or more person, persons, partnership, corporation, joint ventures, association or other entities or any combination thereof, found to have caused or contributed to the discharge or release of a hazardous substance.

(Ord. No. 2000-03, § 4, 2-15-00)