§ 50-411. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Costs means and includes 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)

Costs of labor, including benefits, overtime and administrative overhead.

(5)

Costs of equipment, operation, leasing, repair and replacement where necessary.

(6)

Costs of contract labor and equipment.

(7)

Costs of labor and equipment obtained directly by the county, county agencies or agents, and the municipalities.

(8)

Costs of materials such as sorbents, foam, dispersants, neutralization agents, overpack drums or containers, etc.

(9)

Costs of supervision and verification of cleanup and abatement.

Hazardous material means any substance or 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 (the Florida Substance List); title 40 Code of Federal Regulations 261 (Identification and Listing of Hazardous Wastes); title 40 Code of Federal Regulations 3,021.4 (Designation of Hazardous Substances); title 40 Code of Federal Regulations 355, appendices A and B (List of Extremely Hazardous Substances); and title 49 Code of Federal Regulations 172.101 and 172.102 (Hazardous Materials Tables).

Hazardous material incident means 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 includes any solution, mixture or formulation containing hazardous 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 means any municipality within the county adopting this article by interlocal agreement.

Natural resources means land, fish, wildlife, biota, air, water, groundwater, drinking water supplies and other such resources belonging to, managed by, held in trust by, appertaining to or otherwise controlled by the county, county agencies and the municipalities.

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

Recovery means a phase of emergency management which restores the site of an incident to preemergency conditions.

Release means 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 means 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 means the person whose negligent or intentional act or omission caused a release, or the person 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, or the person who owned or had custody or control of the container which held the hazardous substance at the time or immediately prior to such release without regard to fault or proximate cause.

(Ord. No. 91-35, § 2, 11-21-91)

Cross reference

Definitions and rules of construction generally, § 1-2.