§ 5-41. Definitions.

Cost(s) shall mean all costs incurred for response to, limitation of, containment of, control of, abatement of, or mitigation of hazardous materials or substances emergencies and/or disposal of hazardous materials or substances or remedial action as a result directly or indirectly of a hazardous materials or substances incident including but not limited to:

(1)

Costs of any health assessment or health effects study and related treatment carried out for responding personnel or other persons.

(2)

Labor, including but not limited to benefits, overtime and administrative overhead.

(3)

The cost of operating, leasing, maintaining, repairing, and replacement of any equipment.

(4)

Contract labor or equipment.

(5)

Materials, including but not limited to, absorbents, foam, dispersants, overpack drums, or containers.

(6)

Supervision of response to, limitation, containment control, abatement, or mitigation or clean up.

(7)

Labor or equipment obtained for, from, or by the city, its departments, employees or agents, or other local, state or federal agencies.

Fire chief shall mean the chief of the fire department that responded to a hazardous material incident.

Having control over or had control over shall include but not be limited to any person using, transferring, storing or transporting a hazardous material immediately prior to release of such hazardous material on to the land or into the air or the waters of the city as currently defined in G.S. 143-215.77 or as may be hereinafter amended or recodified.

Hazardous material shall include, but not be limited to, any substance or material in any form or quantity that poses an unreasonable risk to safety, health, or property or as currently defined in G.S. 143-215.75 or as may be hereinafter amended or recodified.

Hazardous material incident shall include, but not be limited to, actual or threatened release of hazardous substances or materials that pose an immediate threat to the health, safety or welfare of the population, including hazardous waste.

Hazardous material response shall include, but not be limited to, the sending of equipment to limit, contain, control, abate, or mitigate hazardous materials which endanger the health or safety of persons or the environment.

Hazardous substance shall include, but not be limited to, any material which when discharged may be harmful to the public health or welfare, including, but not limited to, fish, shellfish, wildlife, and public or private property, shorelines and beaches.

Incident commander shall mean the senior official or officials of the fire department or other public agency in charge at the site of a hazardous material incident.

Party or parties shall mean, jointly and severally, the person(s):

(1)

Whose negligent or intentional act or omission caused a release;

(2)

Who owned or had custody or control of, the hazardous substance or waste at the time of such release without regard to fault or proximate cause;

(3)

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; or

(4)

Who owned or had custody or control of the real property upon which the hazardous substance was located at the time of or immediately prior to such release without regard to fault or proximate cause and who had knowledge, actual or implied, of the location of the hazardous material.

(5)

"Party" or "parties" shall also include but not be limited to one or more corporations or partnerships, facilities, or other types of business entities.

Person(s) shall include but not be limited to individuals, firms, partnerships, associations, institutions, corporations, and local, state or federal government.

Personal protective clothing (PPE) means the equipment provided to shield or isolate a person from the chemical, physical, and thermal hazards that can be encountered at hazardous materials/weapons of mass destruction (WMD) incidents.

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

(Ord. No. 2019-16 , § 3, 4-8-19)