(1) "Carrier" means the person who owns the locomotive or motor vehicle, excluding the trailer or rail car, used in transporting any of the hazardous materials identified in § 8-1442.

(2) "Fund" means the Hazardous Materials Reimbursement Fund established by § 8-1447.

(3) "Motor vehicle" means any vehicle propelled by internal-combustion engine, electricity, or steam, other than a vehicle designed to run only on rails or tracks, that is intended or used for moving freight, merchandise, or other commercial loads or property. The term "motor vehicle" shall include any trailer attached to the motor vehicle.

(4) "Person" shall have the same meaning as in § 8-1302(5).

(5) "Rail car" means any vehicle without motor power that is intended or used for moving freight, merchandise, or other commercial loads or property on rails or tracks and is drawn by a locomotive.

(6) "Trailer" means a vehicle without motor power intended or used for carrying freight, merchandise, or other commercial loads or property and drawn or intended to be drawn by a motor vehicle, whether such vehicle without motor power carries the weight of the property wholly on its own structure or whether a part of such weight rests upon or is carried by a motor vehicle.

(7) "Transport" means movement by a rail car or motor vehicle.

(1) Explosives of Class 1, Division 1.1, or Class 1, Division 1.2, as designated in 49 C.F.R. § 173.2, in a quantity greater than 500 kilograms;

(2) Flammable gasses of Class 2, Division 2.1, as designated in 49 C.F.R. § 173.2, in a quantity greater than 10,000 liters;

(3) Poisonous gasses of Class 2, Division 2.3, as designated in 49 C.F.R. § 173.2, in a quantity greater than 500 liters, and belonging to Hazard Zones A or B, as defined in 49 C.F.R. § 173.116;

(4) Poisonous materials, other than gasses, of Class 6, Division 6.1, in a quantity greater than 1,000 kilograms, and belonging to Hazard Zones A or B, as defined in 49 C.F.R. § 173.133;

(5) Infectious agents, assigned to risk group 4 in 49 C.F.R. § 173.134 unless the infectious agent is the subject of an exception identified in 49 C.F.R. § 173.134; and

(6) Radioactive materials in a concentration greater than that specified by the United States Nuclear Regulatory Commission in 10 C.F.R. § 30.70 (exempt concentrations), or in a quantity required to be labeled under 10 C.F.R. Part 30, Appendix B, or requiring the consideration of the need for an emergency plan for responding to a release under 10 C.F.R. § 30.72.

(1) Containment of the gasses, explosives, and materials identified in § 8- 1442;

(2) Necessary cleanup and restoration of the site and the surrounding environment;

(3) Removal of the gasses, explosives, and materials identified in § 8-1442;

(4) Such actions as may be necessary to monitor, assess, and evaluate the release or threat of release of any of the gasses, explosives, and materials identified in § 8-1442, or to mitigate damage to the public health or welfare that may otherwise result from a release or threat of a release;

(5) Natural resource damages;

(6) Attorney's fees and costs;

(7) Reimbursement for private collection firm's services, when used; and

(8) Applicable interest on all costs and expenses incurred.

(1) An act of God;

(2) An act of War;

(3) An act or omission of a third party other than an employee or agent of the defendant, or other than one whose act or omission occurs in connection with a contractual relationship, existing directly or indirectly, with the defendant, if the defendant establishes by a preponderance of the evidence that the defendant:

(4) Any combination of the foregoing paragraphs.