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Incident defined. A fire, a release or threatened release of
<br /> hazardous materials or environmentally damaging substances.
<br /> Person. Any individual, business, firm, partnership, corporation,
<br /> association, trust, estate, joint venture or other legal entity, or their legal
<br /> representative or agent.
<br /> U Placarded Vehicle. A vehicle, that when transporting hazardous
<br /> materials, is required by the United States Department of Transportation to be
<br /> marked with placards to warn emergency responders of the hazardous cargo,
<br /> pursuant to the Hazardous Materials Transportation Act, 49 USC Sec. 1801 et.
<br /> seq.
<br /> Release . Any spilling, leaking, pumping, pouring, emitting,
<br /> escaping, emptying, discharging, injecting, leaching, dumping, disposing,
<br /> exploding or burning of hazardous materials or environmentally damaging
<br /> substances into or on any land, air, water, well, stream, sewer, or pipe such
<br /> that hazardous materials or any constituent or environmentally damaging
<br /> substances thereof, that may enter the environment.
<br /> (m) Remedial Action. Any action consistent with a permanent remedy
<br /> of a release or threatened release of hazardous materials or environmentally
<br /> damaging substances into the environment. The term includes, but is not
<br /> limited to actions at the location of a release such as diking, damming,
<br /> trenching, covering, diverting, foaming, neutralizing, isolating, burning,
<br /> closing, plugging, moving, repairing, transferring, recycling, etc. The actions
<br /> required may also include the evacuation, sheltering or feeding of people
<br /> provision of alternative water supplies and other activities to protect the
<br /> public's health and welfare and the environment.
<br /> (n) Responsible Party or Parties. The Responsible party includes the
<br /> following:
<br /> (1) The owner and operator of a facility or vessel from
<br /> which there is a fire or release or threatened release of hazardous
<br /> materials or environmentally damaging substances;
<br /> (2) Any person who at the time of disposal, transport, storage,
<br /> or treatment of hazardous materials or environmentally damaging
<br /> substances owned or operated the facility or vehicle used for such
<br /> disposal, transport, treatment or from which there was a fire, release or
<br /> threatened release of such hazardous materials or environmentally
<br /> damaging substances;
<br /> (3) Any person who by contract, agreement or otherwise
<br /> has arranged with another party or entity for transport, storage,
<br /> disposal or treatment of hazardous materials or environmentally
<br /> damaging substances owned, controlled or possessed by such person at a
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