§ 12-82. Definitions.

In this article, unless the context suggests otherwise, the following terms mean and are defined as follows:

Costs: Costs mean those necessary and reasonable costs incurred by the County and/or by the Sheriff of Broward County, Florida, on behalf of the County, in connection with responding to, investigating, mitigating, abating, cleaning, and/or removing the release of a hazardous substance. Such costs include, but are not limited to:

(1)

Disposable materials and supplies acquired, consumed, and expended as a result of the release.

(2)

Full cost recovery for compensation of County employees and/or the Sheriff's employees, on behalf of the County, for the time devoted specifically to the release.

(3)

Rental or leasing of equipment used specifically for the release.

(4)

Replacement costs for equipment that is contaminated beyond reuse or repair as a result of the release.

(5)

Decontamination of equipment contaminated during the release.

(6)

Other special technical services or resources specifically required as a result of the release.

(7)

Other special services specifically required as a result of the response (e.g., utilities, etc.).

(8)

Laboratory costs for purposes of analyzing samples taken during the release.

(9)

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

(10)

An hourly labor charge for each employee responding and an hourly operations and maintenance charge for each vehicle responding. There shall be a minimum three (3) hour charge for each response.

The County Department and/or Division and/or the Sheriff of Broward County, Florida's Department and/or Division, on behalf of the County, incurring any of the above-described costs, shall keep a detailed record thereof.

Release: Release means any intentional or unintentional act or omission resulting in the discharging, spilling, pumping, pouring, emitting, emptying, or dumping of a hazardous substance, or substantial threat of release, upon public or private property located within the unincorporated areas of Broward County, its contract areas, or other jurisdictions where mutual aid, automatic aid, or regional services are provided by the County, and/or by the Sheriff of Broward County, Florida, on behalf of the County, and which, in the determination of the respective Fire Chief or the Fire Chief's authorized designee, poses an imminent risk to the life, health, safety, or welfare of persons or property within Broward County.

Hazardous substance: Hazardous substance means any substance(s) or material(s) defined or listed as a hazardous substance, pollutant, or contaminant in any applicable federal, state, or local laws or regulations or any substances or materials in a quantity or form which, in the determination of the respective Fire Chief or his/her authorized designee, poses an imminent risk to the life, health, safety, or welfare of persons or property within the unincorporated areas of Broward County, its contract areas, or other jurisdictions where mutual aid, automatic aid, or regional services are provided by the County and/or by the Sheriff of Broward County, Florida, on behalf of the County.

Person: Person means one or more individuals, partnerships, corporations, joint ventures, associations, or any other entities or any combination thereof.

Release: Release means any intentional or unintentional act or omission resulting in the discharging, spilling, pumping, pouring, emitting, emptying, or dumping of a hazardous substance, or substantial threat of release, upon public or private property located within the unincorporated areas of Broward County, its contract areas, or other jurisdictions where mutual aid, automatic aid, or regional services are provided by the County, and/or by the Sheriff of Broward County, Florida, on behalf of the County, and which, in the determination of the respective Fire Chief or the Fire Chief's authorized designee, poses an imminent risk to the life, health, safety, or welfare of persons or property within Broward County.

(Ord. No. 2003-35, § 2, 10-28-03)