Does not act promptly and appropriately means that the person:
Cannot be notified of the incident within 2 hours after the initial attempt to contact the person;
Does not, within 2 hours after receiving notification of the incident, make an oral or written commitment to clean and decontaminate the affected area properly;
Does not act upon the commitment within 24 hours after making it;
Does not clean and decontaminate the affected area properly; or
Does not act immediately to clean and decontaminate the affected area properly, if the inaction of the person presents an imminent and substantial hazard to human health, public safety or the environment.
Responding means any efforts to mitigate, attempt to mitigate or assist in the mitigation of the effects of a spill of or accident or motor vehicle crash involving hazardous material, including, without limitation, efforts to:
Contain and dispose of the hazardous material.
Clean and decontaminate the area affected by the spill, accident or crash.
Investigate the occurrence of the spill, accident or crash.