(A) The Emergency Management Hazardous Materials Response Team (hereinafter called “HMRT”) shall have primary authority to coordinate response to any release or threatened release of hazardous materials in any incorporated or unincorporated area of the county.
(B) The Fire Chief of the jurisdiction in which the release or threatened release is located shall have secondary authority for taking remedial or removal actions necessary to control or contain the release or threatened release and to assure the protection of human health, property and the environment. The role of HMRT is to give technical advice and assistance to the Emergency Management Director and Fire Chief. HMRT shall not direct the emergency response unless requested to do so by the Fire Chief or the Emergency Management Director or their authorized representative.
(C) HMRT or the Emergency Management Office shall immediately report any release or threatened release to the executive authority of the jurisdiction (e.g. Judge/Executive or his or her administrative assistant, Mayor, City Administrative Officer, County Administrator). If in the opinion of the executive authority, the seriousness of the situation warrants, the chief executive officer of the jurisdiction (Judge/Executive or Mayor or Emergency Management Director) shall declare the existence of a state of emergency in the jurisdiction, and thereafter, the response authority provided by this section shall then be vested in such chief executive officer. In such event, the chief executive officer may authorize HMRT, the Fire Chief, or other appropriate person to exercise all or part of the response authority provided by this section until further notice.
(D) All local emergency response personnel shall cooperate with and operate under the direction of the chief executive officer of the jurisdiction, the Emergency Management Director or other person then exercising response authority under this section until such time as the person then exercising response authority has determined that the response is complete, or responsibility for response has been assumed by the state or federal agency having primary jurisdiction over such release or threatened release.
(E) The person exercising response authority under this section shall coordinate and/or cooperate with other federal, state or local public health, safety and emergency agencies involved in the response to a release or threatened release of hazardous materials.
(F) The person exercising response authority under this section may, with the approval of the executive authority of the jurisdiction, obtain vital supplies, equipment, services and other properties found lacking and needed for the protection of human health, property and the environment and obligate the jurisdiction for the fair value thereof, pursuant to KRS 39 et al.
(Ord. 340.8, passed 8-29-95)