Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 120 - HAZARDOUS MATERIALS EMERGENCY RESPONSE SYSTEM › Section 837-120-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of these rules the following definitions
				apply:
(1) "Clean-up" means the
			 measures taken after emergency response to permanently remove the hazard from
			 the incident site.
(2) "Contract"
			 shall mean the entire written intergovernmental agreement between the State of
			 Oregon and a Regional or Limited Hazardous Materials Emergency Response Team
			 contractor.
(3) "Contractor" means
			 the local government agency(s) by which the service or services will be
			 performed under this agreement, including those agencies under an approved
			 intergovernmental or interagency agreement.
(4) "Documentation" means the State Fire
			 Marshal billing form, State Fire Marshal hazardous materials incident form, the
			 team incident report, and the decision matrix if used, or a form incorporating
			 these forms.
(5) "Emergency
			 Response" means those actions taken to respond to a hazardous materials
			 incident as defined in OAR 837-120-0010(5), and includes those actions and
			 services set out in OAR 837-120-0020(3).
(6) "Emergency Response Costs" means the
			 total emergency response expense, including team response costs, arising from a
			 hazardous materials emergency. Such costs generally include, but are not
			 limited to, all OSFM and contractor expenses that result from the assessment
			 and emergency phases of the response activity. Emergency response costs do not
			 include clean up or disposal costs of hazardous materials, except, as may be
			 reasonably necessary and incidental to preventing a release or threat of
			 release or in stabilizing the emergency response incident.
(7) "Extraordinary Response Costs" means and
			 is equivalent to "team response costs". See also OAR 837-120-0090(4).
(8) "Facility" means any building, structure,
			 installation, equipment, pipe or pipe-lines, well, pit, pond, lagoon,
			 impoundment, ditch, landfill, storage container, motor vehicle, rolling stock,
			 vessel, aircraft, or any other place where there is a release, or threatened
			 release, of a hazardous material.
(9) "Hazardous Materials" means "hazardous
			 substance" as that term is defined in ORS
			 453.307(5).
(10) "Hazardous Materials Emergency Response"
			 means and be equivalent to emergency response as defined and described in
			 section (5) of this rule and OAR 837-120-0020(3).
(11) "Incident" means any actual or imminent
			 threat of a release, or any rupture, fire or accident that results in, or has
			 the potential to result in, the loss or escape of a hazardous material into the
			 environment.
(12) "Incident
			 Termination" means the process of completing mitigation actions, securing
			 supplies, equipment, materials, information and communication with command as
			 it relates to a hazardous materials incident.
(13) "Limited Hazardous Materials Emergency
			 Response Team or Limited Response Team" means a hazardous materials emergency
			 response team operating in conjunction with and providing assistance to a
			 RHMERT in a limited manner or area of the state. See also section (23) of this
			 rule.
(14) "Local Emergency
			 Planning Committee (LEPC)" means the statewide hazardous materials emergency
			 planning committee designated by the Oregon Interagency Hazard Communication
			 Council in its role as the State Emergency Response Commission under ORS
			 453.520 and the Emergency
			 Planning and Community Right-to-Know Act.
(15) "Local Government Body" means a city,
			 county, special district or subdivision thereof.
(16) "Local Response" means a hazardous
			 materials emergency response in the local governmental area where team members
			 normally conduct emergency response activities and those areas where the local
			 government has a hazardous materials mutual response agreement in place and the
			 responding team does not respond as a state team.
(17) "Mitigation" means actions taken to
			 bring an emergency incident under control using fire suppression, containment,
			 confinement and other protective actions that prevent, minimize or mitigate
			 damage to public health, safety, welfare, property, or the environment which
			 may result from a spill or release, or threatened spill or release, of a
			 hazardous material if action is not taken.
(18) "Motor Vehicle" means, but is not
			 limited to, any vessel, aircraft or automobile, motorcycle or other conveyance
			 driven upon public or private lands.
(19) "ORS" means Oregon Revised
			 Statutes.
(20) "Person" means any
			 individual, firm, corporation, association, partnership, consortium, joint
			 venture, commercial entity, United States Government, state, municipality,
			 commission, political subdivision of this state, and interstate
			 bodies.
(21) "Primary Response
			 Area" means the geographical region where the contractor is principally
			 responsible for providing regional Hazardous Materials Emergency Response
			 services pursuant to this contract.
(22) "Regional Hazardous Materials Emergency
			 Response Team" (RHMERT) means the group of individuals, including the employees
			 or agents of the contractor, designated or tasked to respond to, control, or
			 stabilize actual or potential emergency releases of hazardous substances. A
			 RHMERT operates within the limits discussed in Oregon-OSHA's OAR 437, Division
			 2, which is incorporated herein by this reference.
(23) "Release" shall have the same meaning as
			 that in ORS 465.200(22).
(24) "Responsible Person" means the
			 individuals, corporations, associations, firms, partnerships, joint stock
			 companies, public and municipal corporations, political subdivisions, the state
			 and any agency thereof, and the federal government and any agency thereof
			 responsible for causing the emergency to which the RHMERT responded. (See, e.g.
			 ORS 453.382).
(25) "State" means the State of Oregon acting
			 by and through the Department of the State Fire Marshal.
(26) "State Spill Response Revolving Fund"
			 means the revolving fund established under ORS
			 453.390.
(27) "Team Response Costs" means those
			 contractor expenses which are directly related to RHMERT operations, are
			 expressly allowed under this agreement, and are approved by the OSFM. "Team
			 response costs" are equivalent to "extraordinary response costs". See also OAR
			 837-120-0090(4).
Publications: Publications referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  453.367
Statutes/Other Implemented: ORS
				  453.374 -
				  453.390