§ 1004-2.208. Definitions.

For purposes of this chapter, the following words and phrases have the following meanings:

(a)

"Applicant" means any person applying for a pipeline franchise under this chapter, including any person seeking to renew a franchise granted prior to the effective date of this chapter.

(b)

"Contaminant" means any substance, material, chemical or waste occurring in any state in nature that: (1) is listed, defined, or is or becomes regulated by any governmental agency as hazardous, toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic, or dangerous, or as having toxic characteristics; or (2) is a liquid hydrocarbon or gaseous hydrocarbon substance or petroleum product; or (3) is or contains asbestos or polychlorinated biphenyl; or (4) is considered a hazardous waste, material or substance, or solid waste, pollutant or contaminant, as those terms are defined in their broadest sense by any applicable law, including but not limited to 42 U.S.C. Sections 6901 et seq.; 33 U.S.C. Sections 1317 and 1321; 49 C.F.R. Sections 195.2 and 172.101; 40 C.F.R. Part 302; Section 763(f)(3) of the California Code of Civil Procedure; and Section 25401.1 of the California Health and Safety Code. The term "contaminant" does not include potable water delivered in compliance with applicable law.

(c)

"County highway" means the area within the right-of-way for all county highways and roads accepted into the county road system by board resolution or maintained by the county as a highway or road, and in which the county has the authority to grant a franchise.

(d)

"Environmental condition" means the presence or release, or threatened presence or release, of any contaminant on, above, under, or from franchise property into any of the following: surface water, ground water, drinking water supply, soil, land surface, or ambient air.

(e)

"Environmental damage claims" mean all claims (including strict liability claims), judgments, damages, losses, penalties, fines, liabilities, encumbrances, liens, costs and expenses of investigation, analysis, remediation and defense of any claim, whether a claim is ultimately defeated, and any good faith settlement of whatever kind or nature, contingent or otherwise, complete or undeveloped, foreseeable or unforeseeable, including without limitation reasonable attorneys' fees and disbursements, expert or consultant fees, any of which are incurred at any time as a result of any environmental condition or the presence or suspected presence of any contaminant, upon, about, or beneath any facility or the release or threatened release to or from any facility, or the existence of a violation of any applicable law, including without limitation:

(1)

All damages for personal injury, injury to property, or natural resources occurring upon or off any facility, whether foreseeable or unforeseeable, including without limitation, lost profits and consequential damages, the cost of demolition, rebuilding of any improvements on real property, remediation, interest and penalties, and including, but not limited to, claims brought by or on behalf of employees of grantee;

(2)

Fees or expenses incurred by the county or third parties for the services of attorneys, experts, consultants, contractors, laboratories and any and all other remediation costs and other costs reasonably incurred in connection with the investigation or remediation of contaminants or violations of applicable law, including, but not limited to preparation of studies or reports or the performance of cleanup, remedial work, removal, response, abatement, containment, closure, restoration or monitoring work required by any governmental agency, or reasonably necessary to make economic use of any property, or which are otherwise expended in connection with the existence or release of contaminants on or from any facility, and including attorneys' fees, costs and expenses incurred in enforcing the provisions of the franchise or in collecting any sums due hereunder;

(3)

Liability to any third person, or to any governmental agency, to defend or indemnify the person or agency for costs expended in connection with the items referenced in subparagraphs (1) and (2) above; and

(4)

The diminution in the value of any public place or property in the vicinity of a facility, and any damages for the loss of business and restriction on the use of or adverse impact on the marketing or rentable or useable space of any aspect of any property affected by contaminants or violation of any of applicable law.

(f)

"Facility", "facilities", "franchise property" or "appurtenances" means all property of a grantee, including, but not limited to, pipes, pipelines, pump stations, structures, installations, equipment, storage containers, service connections and appurtenances, such as valves and corrosion control devices, whether installed by the grantee or not, erected, constructed, laid, operated or maintained in, upon, over, under, along or across any public place in the unincorporated portion of the county, or on property owned by the county, pursuant to any right or privilege granted by a franchise.

(g)

"Franchise" means a grant of the rights and privileges by the county pursuant to and as described in this chapter.

(h)

"Grantee" means the entity to which a franchise is granted and its lawful successors and assigns.

(i)

"Initial term" is defined in Section 1004-2.402(a).

(j)

"Pipeline franchise" means a franchise to construct, maintain, operate, repair, renew and remove or abandon in place, one or more pipelines, for the transportation of petroleum, liquid hydrocarbon substances, gas, including hydrogen, natural gas, mud, steam and other liquid and gaseous substances, including water connected with the primary business of the franchise holder, together with all manholes, service connections and other appurtenances necessary or convenient for the operation of the pipelines, in, under, along, and across county highways in the unincorporated portion of the county, or on property owned by the county.

(k)

"Public works department" means the public works department of the county.

(l)

"Road commissioner" means the Road Commissioner of Contra Costa County, who is the director of the public works department.

(m)

"Service connection" means the wire, pipes, or conduits connecting the building or place where the service or commodity supplied by the grantee is used or delivered, with the supply line or supply main.

(Ord. No. 2013-19, § II, 8-13-13)