§ 2-13-37. Definitions.

As used in this article, the following words and phrases shall have the meaning indicated unless the context otherwise requires:

Cost(s) means and includes, but is not limited to, those expenses that are extraordinary in nature, including those for which funds are not provided for in the Manatee County or Manatee County Fire Districts' annual budgets including:

(1)

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

(2)

All costs incurred for ensuring the safety of the public, to include costs incurred for actions taken on and off the site of the hazardous material incident.

(3)

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

(4)

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

(5)

The costs of operating, maintaining, leasing, repairing and replacing equipment incurred in response and recovery efforts related to a hazardous materials incident.

(6)

Expenses of contract labor and equipment incurred in response and recovery efforts related to a hazardous materials incident.

(7)

Expenses of labor and equipment obtained by Manatee County, Manatee County Fire Districts, Manatee County agencies or agents incurred in response and recovery efforts related to a hazardous materials incident.

(8)

Expenses of materials, including, but not limited to, absorbents, foams, dispersants, neutralization agents, overpack drums or containers incurred in response and recovery efforts related to a hazardous materials incident.

(9)

Expenses of supervision of cleanup and abatement incurred in response and recovery efforts related to a hazardous materials incident.

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 any or all of the following: Title 40 Code of Federal Regulations, Chapter 1, Subchapter I, Part 261 (Identification and Listing of Hazardous Wastes); Title 40 Code of Federal Regulations, Chapter 1, Subchapter J, Part 302, § 302.4, (Designation of Hazard Substances); Title 40 Code of Federal Regulations, Chapter 1, Subchapter J, Part 355, Appendices A and B (List of Extremely Hazardous Substances), and Title 49 Code of Federal Regulations, Subchapter C, Part 172, Subpart B, §§ 172.101 and 172.102 (Hazardous Materials Table); or Section 252.82(5), Florida Statutes.

Hazardous material incident means actual or threatened release of hazardous substances or material, including hazardous waste, which poses an imminent threat to the environment, and to health, safety or welfare of the population.

Hazardous substance includes any solution, mixture, or formulation containing hazardous material, or 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, biologic agents, flammables and corrosives.

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 Manatee County.

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

Recovery means restoration to pre-event 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 the provision of emergency and nonemergency assistance during and following an incident and to reduce the likelihood of secondary damage.

Responsible party means the person(s) whose act or omission caused a release; or, the person(s) 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 or persons 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. 14-41, § 12, 10-7-14)