26-301

26-301. Definitions

In this chapter, unless the context otherwise requires:

1. "Commercial nuclear generating station" means an electric power generating
facility which is owned by a public service corporation, a municipal corporation or a
consortium of public service corporations or municipal corporations and which produces
electricity by means of a nuclear reactor.

2. "Council" means the state emergency council.

3. "Director" means the director of the division.

4. "Division" means the division of emergency management within the department of
emergency and military affairs.

5. "Emergency functions" includes warning and communications services, relocation
of persons from stricken areas, radiological defense, temporary restoration of utilities,
plant protection, transportation, welfare, public works and engineering, search or
rescue, health and medical services, law enforcement, fire fighting, mass care, resource
support, urban search or rescue, hazardous materials, food and energy information and
planning and other activities necessary or incidental thereto.

6. "Emergency management" means the preparedness, response, recovery and mitigation
activities necessary to respond to and recover from disasters, emergencies or
contingencies.

7. "Emergency worker" means any person who is registered, whether temporary or
permanent, paid or volunteer, with a local or state emergency management organization and
certified by the local or state emergency management organization for the purpose of
engaging in authorized emergency management activities or performing emergency functions,
or who is an officer, agent or employee of this state or a political subdivision of this
state and who is called on to perform or support emergency management activities or
perform emergency functions.

8. "Hazardous materials" means:

(a) Any hazardous material designated pursuant to the hazardous materials
transportation act of 1974 (P.L. 93-633; 88 Stat. 2156; 49 United States Code section
1801).

(b) Any element, compound, mixture, solution or substance designated pursuant to
the comprehensive environmental response, compensation, and liability act of 1980 (P.L.
96-510; 94 Stat. 2767; 42 United States Code section 9602).

(c) Any substance designated in the emergency planning and community right-to-know
act of 1986 (P.L. 99-499; 100 Stat. 1613; 42 United States Code section 11002).

(d) Any substance designated in the water pollution control act (P.L. 92-500; 86
Stat. 816; 33 United States Code sections 1317(a) and 1321(b)(2)(A)).

(e) Any hazardous waste having the characteristics identified under or listed
pursuant to section 49-922.

(f) Any imminently hazardous chemical substance or mixture with respect to which
action has been taken pursuant to the toxic substances control act (P.L. 94-469; 90 Stat.
2003; 15 United States Code section 2606).

(g) Any material or substance determined to be radioactive pursuant to the atomic
energy act of 1954 (68 Stat. 919; 42 United States Code section 2011).

(h) Any substance designated as a hazardous substance pursuant to section 49-201.

(i) Any highly hazardous chemical or regulated substance as listed in the clean air
act of 1963 (P.L. 88-206; 42 United States Code sections 7401 through 7671).

9. "Hazardous materials incident" means the uncontrolled, unpermitted release or
potential release of hazardous materials that may present an imminent and substantial
danger to the public health or welfare or to the environment.

10. "Local emergency" means the existence of conditions of disaster or of extreme
peril to the safety of persons or property within the territorial limits of a county,
city or town, which conditions are or are likely to be beyond the control of the
services, personnel, equipment and facilities of such political subdivision as determined
by its governing body and which require the combined efforts of other political
subdivisions.

11. "Mitigation" means measures taken to reduce the need to respond to a disaster
and to reduce the cost of disaster response and recovery.

12. "Preparedness" means actions taken to develop the response capabilities needed
for an emergency.

13. "Recovery" means short-term activities necessary to return vital systems and
facilities to minimum operating standards and long-term activities required to return
life to normal or improved levels.

14. "Response" means activities that are designed to provide emergency assistance,
limit the primary effects, reduce the probability of secondary damage and speed recovery
operations.

15. "State of emergency" means the duly proclaimed existence of conditions of
disaster or of extreme peril to the safety of persons or property within the state caused
by air pollution, fire, flood or floodwater, storm, epidemic, riot, earthquake or other
causes, except those resulting in a state of war emergency, which are or are likely to be
beyond the control of the services, personnel, equipment and facilities of any single
county, city or town, and which require the combined efforts of the state and the
political subdivision.

16. "State of war emergency" means the condition which exists immediately whenever
this nation is attacked or upon receipt by this state of a warning from the federal
government indicating that such an attack is imminent.