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(1) The person or persons whose act or omission caused such release,
<br />discharge or deposit without regard to fault or proximate cause; and
<br />(2) The person or persons who owned or had custody or had control of the
<br />material at the time of such release, discharge, or deposit, without regard
<br />to fault or proximate cause; and
<br />(3) The person or persons who owned or had custody or had control of the
<br />container which held such material at the time of or immediately prior to
<br />such release, discharge or deposit, without regard to fault or proximate
<br />cause; and
<br />(4) The person or persons who own any property interest in the property or
<br />facilities where such release, discharge or deposit of hazardous material
<br />has occurred.
<br />(h) Definitions. For purposes of this section, the following definitions shall apply:
<br />(1) "hazardous material" means any material that, because of quantity,
<br />concentration, or physical or chemical characteristics, poses a significant
<br />present or potential hazard to 1luman health or safety or to the environment
<br />if released into the work-place or the enviromnent. "Hazardous material"
<br />includes, but is not limited to, hazardous substances, hazardous wastes,
<br />and any material which the Fire Department has a reasonable basis for
<br />believing would be injurious to the health and safety of persons or harmful
<br />to the environment if released into the work place or the environment.
<br />(2) as used in subsections (b) and (e) of this section, "other material" shall
<br />mean any material, whether or not in fact a hazardous material, which is
<br />unidentified or unidentifiable at the time of the Fire Department's response
<br />and which the City Manager or his or her designee reasonably believes
<br />maybe hazardous material.
<br />(3) "person or persons" shall include any natural person or persons, joint
<br />venture, joint stock company, partnership, association, club, company,
<br />corporation, business trust, organization, government entity or the
<br />manager, lessee, agent, servant, officer or employee of any of them.
<br />(i) Costs. For purposes of this section, costs incurred and recoverable by the City
<br />shall include, but shall not be limited to, the following: actual labor costs of City
<br />personnel, including benefits and administrative overhead; costs of equipment
<br />operation; cost of materials obtained directly by the City; cost of any contract
<br />labor, services, equipment and materials; and costs of suit and attorney's fees.
<br />(j) Account. The Finance Director shall establish a separate "Cost Recovery -
<br />Haz,ardous Materials Cleanup" account. All costs of clean-up and abatement
<br />carried out pursuant to the authority granted by this section, including but not
<br />limited to investigation, personnel, equipment, materials, legal process, experts,
<br />costs of suit and attorneys' fees shall be billed to this accowzt. Upon recovery of
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