§ 13-136. 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:

Costs mean those necessary and reasonable costs incurred by the city in connection with responding to, investigating, mitigating, abating, cleaning and removing the release of a hazardous substance. Such costs shall not include costs incurred for actual fire suppression services which are normally or usually provided by the city and that do not involve a hazardous materials response. Such costs include, but are not limited to:

(1)

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

(2)

Overtime costs for compensation of city employees 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)

Special technical services specifically required as a result of the release.

(7)

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

(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. The city shall determine all hourly charges for each fiscal year. There shall be a minimum three-hour charge for each response.

The city department incurring any of the above-described costs shall keep a detailed record thereof.

Hazardous substance means any substance(s) or material(s) defined or listed as a hazardous substance, pollutant or contaminant in any applicable federal or state laws or regulations.

Person means one (1) or more individuals, partnerships, corporation, joint ventures, associations or any other entities or any combination thereof.

Release means any intentional or unintentional action or omission resulting in the discharging, spilling, pumping, pouring, emitting, emptying or dumping of a hazardous substance, upon public or private property located within the corporate limits of the City of Fort Lauderdale, and which, in the determination of the fire chief or his authorized designee, poses an unreasonable and imminent risk to the life, health, safety or welfare of persons or property within the City of Fort Lauderdale. Release also means substantial threat of release.

(Ord. No. C-91-16, § 1, 3-19-91; Ord. No. C-93-76, § 1, 11-16-93)