16.14.010 Definitions.
For the purposes of this chapter, the words, phrases and terms as used herein are defined as set out below:
“Emergency action” shall mean all exigent activities conducted in order to prevent or mitigate harm to the public health and safety and the environment from a release or threatened release of any hazardous material into or upon land, water or air.
“Hazardous material” means waste or combination of wastes or substances which because of its quantity, concentration or physical, chemical, biological or infectious characteristics or as otherwise determined by the Kansas Secretary of Health & Environment to cause, or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise managed.
“Person” shall include any individual, corporation, association, partnership, firm, trustee, legal representative, or any combination thereof.
“Recoverable expenses” shall include those expenses of the City of Olathe that are reasonable, necessary and allocable to an emergency action. Recoverable expenses shall not include normal budgeted expenditures that are incurred in the course of providing what are traditionally city services and responsibilities, such as routine firefighting protection. Expenses allowable for recovery may include, but are not limited to:
(1) Disposable materials and supplies 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 (e.g., protective equipment or clothing, scientific and technical equipment).
(4) Replacement costs for equipment owned by the city that is contaminated beyond reuse or repair, if the equipment was a total loss and the loss occurred during the emergency action (e.g., self-contained breathing apparatus irretrievably contaminated during the response).
(5) Decontamination of equipment contaminated during the response.
(6) Special technical services specifically required for the response (e.g., costs associated with the time and efforts of technical experts or specialists not otherwise provided for by the city).
(7) Other special services specifically required for the emergency action.
(8) Laboratory costs of analyzing samples taken during the emergency action.
(9) Any costs of clean up, storage, or disposal of the released material.
(10) Costs associated with the services, supplies and equipment procured for a specific evacuation of persons or property.
(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 chapter.
“Release” shall mean any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into or upon land, water or air, of any material.
“Threatened release” shall mean any imminent or impending event potentially causing but not resulting in a release, but causing the city to undertake an emergency action. (Ord. 89-68 § 1, 1989.)