ARTICLE 6 HAZARDOUS MATERIAL INCIDENTS
SECTION:
8.6.101: Purpose
8.6.102: Definitions
8.6.103: Jurisdiction Of Emergency Response Authority
8.6.104: Duties And Authority Of The Emergency Response Authority
8.6.105: Right Of Entry
8.6.106: Responsibilities Of City Departments
8.6.107: Hazardous Material Incidents On Private Property
8.6.108: Responsibility For Residue Cleanup And Disposal
8.6.109: Reimbursement Of Costs And Expenses
8.6.110: Violations
The purpose of this article is to designate an emergency response authority for hazardous material incidents occurring within the corporate limits of the City, and within all areas outside the corporate limits of the City over which the City has jurisdiction and authority to regulate and to establish the duties and authority of the emergency response authority. This article shall also establish the responsibilities of any person who owns or has control of a hazardous material which is involved in a hazardous material incident and provide for reimbursement of costs to the City incidental to hazardous material incidents. (Ord. 80-430; Ord. 01-42)
The following terms, as used in this article, shall have the meanings designated, unless the context specifically indicates otherwise or unless the meaning is excluded by express provision:
EMERGENCY RESPONSE AUTHORITY: The Fire Chief.
EMERGENCY RESPONSE TO A HAZARDOUS MATERIAL INCIDENT: Taking the initial emergency action necessary to minimize the effects of a hazardous material incident and exercising continuing supervisory authority over all further efforts to eliminate the threat of immediate and irreparable harm to the environment or the public health and safety.
HAZARDOUS MATERIAL: Any substance or material designated as a hazardous material by the United States Department of Transportation according to 49 CFR part 172, as amended; or, any waste material which constitutes a hazardous waste according to 40 CFR part 261, as amended or any other substance or material including, but not limited to, petroleum products which, in the judgment of the emergency response authority, poses an imminent danger to the public health and safety when involved in a hazardous material incident.
HAZARDOUS MATERIAL INCIDENT: Any emergency circumstance involving the sudden discharge or imminent discharge of hazardous material which, in the judgment of the emergency response authority, threatens immediate and irreparable harm to the environment or the health and safety of any person other than persons exposed to the risks associated with hazardous materials in the normal course of their employment. "Hazardous Material Incident" does not include any discharge of a hazardous material authorized pursuant to any Federal, State or local law or regulation.
PRIVATE PROPERTY: Any property under the control, management or operation of any person other than a governmental entity.
RESIDUE OF THE HAZARDOUS MATERIAL INCIDENT: The hazardous material itself and the soil, pavement, stone, water, debris or any other matter which is contaminated by hazardous material. (Ord. 80-430; Ord. 01-42)
The emergency response authority shall have jurisdiction for hazardous material incidents occurring within the corporate limits of the City, and within all areas outside the corporate limits of the City over which the City has jurisdiction and authority to regulate, and on any private property for which the owner or operator has an arrangement with the City for fire protection service, except that the arrangement shall not include a mutual support agreement. (Or. 80-430; Ord. 01-42)
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