§ 26-36. Definitions.

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

City means the city or any officer, employee or agent thereof, or any person contracted or hired by the city for the purpose of responding to the release or threatened release of a hazardous material.

City council means the governing body of the city.

City manager means the city manager or the city manager's designee.

Cost means any expense or obligation incurred by the city in response to the release or threatened release of a hazardous material and in addition to normal and customary municipal services provided the city. The term includes, but is not limited to, actual costs of personnel such as salary, workers' compensation benefits, medical monitoring, fringe benefits, administrative overhead, equipment operation, maintenance, repair and replacement, rental or leasing of equipment used for a specific response, special technical services, laboratory costs, services and supplies contracted or purchased for a specific response, elements, compounds, mixtures, solutions or substances used for a specific response, and any other costs authorized by state or federal law.

Environment means any surface water, groundwater, drinking water supply, land surface or subsurface strata, or ambient air within the city, whether public or private.

Finance director means the custodian of funds of the city.

Hazardous material means any material defined, listed, characterized or classified as a hazardous material, hazardous substance, hazardous waste or toxic substance according to any of the following state or federal codes or regulations:

(1)

Chapter 38F-41, Florida Administrative Code (Florida Substance List).

(2)

40 CFR 261 (Identification and Listing of Hazardous Wastes).

(3)

40 CFR 302.4 (Designation of Hazardous Substances).

(4)

40 CFR 355, Appendices A and B (List of Extremely Hazardous Substances).

(5)

49 CFR 172.101 and 172.102 (Hazardous Materials Tables).

"Hazardous material" includes any solution, mixture or formulation containing such material, and any material which, due to its chemical or physical characteristics, is determined by the city manager 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 or petroleum products, gases, poisons, etiologic (biologic) agents, flammables and corrosives.

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

Release means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing of hazardous materials into the environment (including the abandonment or discarding of barrels, containers and other closed receptacles containing any hazardous material) in such a manner as to endanger the public health or welfare or the environment, or in violation of any federal, state or local law, rule, regulation or order. Such release may be accidental or willful, sudden or gradual.

Remedy or remedial action means those actions consistent with permanent remedy taken instead of or in addition to removal actions in the event of a release or threatened release of a hazardous material into the environment, to prevent or minimize the release of hazardous materials so that they do not migrate to cause substantial danger to present or future public health or welfare or the environment. The term includes, but is not limited to, such actions at the location of the release as storage, confinement, perimeter protection using dikes, trenches or ditches, clay cover, neutralization, cleanup of released hazardous materials or contaminated materials, recycling or reuse, diversion, destruction, segregation of reactive wastes, dredging or excavations, repair or replacement of leaking containers, collection of leachate and runoff, on-site treatment or incineration, provision of alternative water supplies, and any monitoring reasonably required to assure that such actions protect the public health and welfare and the environment.

Remove or removal means the cleanup or removal of released hazardous materials from the environment, including such actions as may be necessary to take in the event of the threat of release of hazardous materials into the environment, such actions as may be necessary to monitor, assess, and evaluate the release or threat of release of hazardous materials, the disposal of removed material, or the taking of such other actions as may be necessary to prevent, minimize, or mitigate damage to the public health or welfare or to the environment, which may otherwise result from a release or threat of release. The term includes, in addition, without being limited to, security fencing or other measures to limit access, provision of alternative water supplies, temporary evacuation and housing of threatened individuals not otherwise provided for, and any emergency assistance which may be provided.

Respond or response means any activity taken to remove or remedy the effects of a release or threatened release of a hazardous material, including any enforcement activities related thereto.

(Ord. No. 1991-18, § 4, 7-16-91)

Cross reference

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