§ 2-502. 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:

CFR means the Code of Federal Regulations. The numbers immediately preceding and immediately following the initials "CFR" shall refer to the volumes, divisions and sections used to identify parts of the Code of Federal Regulations.

Discharge means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into or upon the environment, which causes danger or harm to the public health or to the environment, including but not limited to the release of any hazardous material as defined in this section.

Emergency action means all of the activities conducted by the village in order to prevent or mitigate injury to human health or to the environment from a discharge or threatened discharge of any hazardous material into or upon the environment.

Hazardous material means any material classified as hazardous by any federal regulation or legislation, any state legislation or regulation, or any village ordinance, including but not limited to the following:

(1)

Any substance listed in the list of toxic pollutants found in 4 CFR 401.15, as amended.

(2)

Any compressed gas, explosive, flammable liquid, flammable solid, oxidizer, poison, or radioactive material. As used in this subsection, the following terms shall have the following meanings:

a.

Compressed gas means any substance regulated as a compressed gas by the United States Department of Transportation, by regulations found in 49 CFR 173.300, as amended.

b.

Explosive means any substance regulated as a class A or class B explosive by the United States Department of Transportation by regulations found in 49 CFR 173.53 and 173.88, as amended.

c.

Flammable liquid means any substance regulated as a flammable liquid by the United States Department of Transportation by regulations found in 49 CFR 173.115, as amended.

d.

Flammable solid means any substance regulated as a flammable solid by the United States Department of Transportation by regulations found in 49 CFR 173.150, as amended.

e.

Oxidizer means any substance regulated as an oxidizer by the United States Department of Transportation by regulations found in 49 CFR 173.151, as amended.

f.

Poison means any liquid or gas that is life threatening when mixed with air in small amounts, and also includes all those substances regulated as poison class A by the United States Department of Transportation by regulations found in 49 CFR 173.326, as amended.

g.

Radioactive material means any substance required by the United States Department of Transportation to have type A packaging or other special protection or closed transport vehicles, under regulations found in 49 CFR 173.425, as amended.

(3)

Any of the following: explosives, pyrotechnics, flammable gas, flammable compressed gas, nonflammable compressed poisonous gas, poisonous liquid, irritating material, material that causes diseases in humans, gas under such pressure that an explosion hazard exists, radioactive material, corrosive material, or liquefied petroleum gas.

(4)

Any substance designated a hazardous substance pursuant to section 311(b)(2)(A) of the Federal Water Pollution Control Act found at 33 USC 1321(b)(2)(A), as amended.

(5)

Any element, compound, mixture, solution, or substance designated by the United States Environmental Protection Agency (EPA) pursuant to the Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA), section 102, found at 42 USC 9602, as amended.

(6)

Any hazardous waste having the characteristic identified under or listed pursuant to section 3001 of the Solid Waste Disposal Act, commonly known as the Resource Conservation and Recovery Act (RCRA), found at 42 USC 6921, as amended.

(7)

Any toxic pollutant listed pursuant to section 307(a) of the Federal Water Pollution Control Act, found at 33 USC 1317(a), as amended.

(8)

Any hazardous air pollutant listed pursuant to section 112 of the Clean Air Act, found at 42 USC 7412, as amended.

(9)

Any imminently hazardous chemical substance or mixture with respect to which the administrator of the United States Environmental Protection Agency has taken action pursuant to section 7 of the Toxic Substances Control Act, found at 15 USC 2606, as amended. This term includes petroleum, including crude oil or any fraction of crude oil which is not otherwise specifically listed or designated as a hazardous substance under this division, and also includes, if stored, natural gas, natural gas liquid, liquefied natural gas, or synthetic gas usable for fuel or mixtures of natural gas and such synthetic gas. Hazardous materials shall include radioactive materials and isotopes and explosives.

Person includes an individual, partnership, joint venture, trust, firm, joint stock company, corporation including a government corporation, association, local unit of government, commission, state, political subdivision of the state, an interstate body, federal government, a political subdivision of the federal government or any other legal entity.

Recoverable expenses include but are not limited to those expenses incurred by the village that are reasonable, necessary and allocable to the emergency action. Recoverable expenses shall not include normal expenditures that are incurred in the course of providing what are traditionally village services and responsibilities, such as routine firefighting. Expenses allowable for recovery shall include but are not limited to the following:

(1)

Disposable materials and supplies acquired, consumed and expended specifically for the purpose of the emergency action.

(2)

Compensation of employees for the time and efforts devoted specifically to the emergency action.

(3)

Rental or leasing of equipment used specifically for the emergency action, such as protective equipment or clothing and scientific and technical equipment.

(4)

Replacement costs for equipment owned by the village that is contaminated beyond reuse or repair, if the equipment was a total loss and the loss occurred during the emergency action, such as self-contained breathing apparatus irreparably contaminated during the response.

(5)

Decontamination of equipment contaminated during the response.

(6)

Special technical services specifically required for the response, such as costs associated with the time and efforts of technical experts or specialists not otherwise provided for by the village.

(7)

Other special services specifically required for the emergency action.

(8)

Laboratory costs of analyzing samples taken during the emergency action.

(9)

Costs of cleanup, storage, or disposal of the released material.

(10)

Costs associated with the services, supplies and equipment procured for a specific evacuation.

(11)

Medical expenses incurred as a result of response activities.

(12)

Legal expenses that may be incurred as a result of the emergency action, including efforts to recover expenses pursuant to this division.

Threatened discharge means any imminent or impending event potentially causing but not resulting in a discharge, but causing the village to undertake an emergency action.

(Ord. No. 492, § 4, 3-5-2003)

Cross reference

Definitions generally, § 1-2.