Section 270.10  Definitions

"Act." Act means the Hazardous Materials Emergency Response Reimbursement Act, Ill. Rev. Stat. 1989, ch. 127½, par. 1001 et seq.

"Annual Budget." The cost to operate an Emergency Response Agency, excluding personnel costs (including, but not limited to, salary, benefits, and training expenses) and costs to acquire capital equipment (including, but not limited to, buildings, vehicles, and other such major capital cost items).

"Emergency Action." Any action taken at or near the scene of a Hazardous Materials incident to prevent or minimize harm to human health, to property, or to the environment from the release or threatened release of Hazardous Materials.

"Emergency Response Agency." A unit of local government, or volunteer fire protection organization, that provides or procures firefighting services, emergency rescue services, emergency medical services, Hazardous Materials response teams, or civil defense.

"Expended Materials." Expended Materials includes those replacement items, materials, or supplies that have been utilized, damaged, or destroyed (such as foam, absorbents, protective clothing, hoses, or other goods) in the mitigation of a Hazardous Materials incident.

"Hazardous Materials." A substance or material in a quantity and form determined by the United States Department of Transportation to be capable of posing an unreasonable risk to health and safety or property when transported in commerce. These materials are listed in 49 CFR 171 and 172 (1991); no later additions or amendments are included.

"Panel." The Panel appointed by the State Fire Marshal or his designee (who shall serve as Chairman) that is responsible for reviewing Applications for Reimbursement from the Fund.

"Person." Person means an individual, a corporation, a partnership, an unincorporated association, or any unit of federal, state, or local government.

"Responsible Party." A Person who owns or has custody of Hazardous Materials involved in an incident requiring Emergency Action by an Emergency Response Agency; a Person who owns or has custody of bulk or non-bulk packaging or a transport vehicle that contains Hazardous Materials involved in an emergency response incident; or a Person who causes or substantially contributes to the cause of an Emergency Action. This term includes the plural.

"Office." Office of the State Fire Marshal.