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(2) The words and phrases defined in this section shall have the following meaning when used in this chapter. (a) Hazardous materials. Any substances which, when discharged or emitted in any quantity, may present an imminent and substantial danger to the public health or welfare or to the environment. (b) Hazardous materials emergency. The discharge or emission of hazardous materials into the environment deemed to present an imminent and substantial danger to the public health or welfare. (c) Hazardous materials response. The sending of county fire department equipment and personnel to abate, contain or control the emission of hazardous materials, resulting in fire or otherwise, which may endanger the health or safety of persons or the environment. (d) Having control over. Shall mean but not be limited to using, transferring, storing or transporting hazardous materials immediately prior to release of such materials onto the land or into the air or the waters of the district. (e) Person. Any individual, firm, partnership, association, public or private institution or corporation, local government or government agency. (3) Unless otherwise allowed by law, it shall be unlawful for any person having control over any hazardous materials to cause or allow such materials to be emitted or released into the air or water or onto land located within the district's jurisdiction. (4) Any property owner and/or person exercising control over hazardous materials that create a hazardous materials emergency (hereinafter referred to as "responsible person") shall be held financially liable for the response, abatement, containment and remedial costs incurred by the county fire department during the emergency. Such responsible person shall assist the fire department in abatement, containment, removal and remedial measures associated with the hazardous materials emergency. Assistance shall include but shall not be limited to any or all of the following: (a) Compliance with the instructions of the fire department or district; (b) Supplying emergency response plan information for the site; (c) Supplying emergency response equipment, personnel and materials available on site. (5) The fees and charges for hazardous materials emergency response on behalf of the district by the fire department or its agent(s) shall be established by resolution of the board of county commissioners from time to time and set forth in a schedule of fees and charges, a copy of which shall be maintained in the fire department and the office of the county clerk. F:\Attorney\Bill\Ordinance Amendments\Fire Code\Final Ordinance.doc