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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)
The emergency response authority shall have the following duties and authority:
A. Provide twenty four (24) hour response capability to reported or suspected hazardous waste incidents.
B. Take initial emergency action necessary to minimize the effects of a hazardous material incident and exercise 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.
C. Request assistance of personnel and equipment at the scene and immediate vicinity of a hazardous material incident from any City department including, but not limited to, the Fire Department, the Police Department, Public Works, Utilities and Risk Management, and generally direct, supervise and coordinate the activities of the persons and the use of the equipment.
D. Request assistance from the nearest available Fire Department or other public agency possessing the equipment, personnel or expertise which, in the judgment of the emergency response authority, may be necessary to handle a particular hazardous material incident when the equipment, personnel or expertise is not reasonably available on a timely basis from the various City departments.
E. Contract, as an emergency measure without the necessity of bids, for services and material from any person for the purpose of minimizing the effects of a hazardous material incident and for eliminating the threat of immediate and irreparable harm to the environment or to public health and safety if the service or material is not reasonably available on a timely basis from the City, or other fire departments or public agencies.
F. Notify the Disaster Emergency Service Agency, the United States Coast Guard, the United States Environmental Protection Agency, the Colorado State Department of Health, and any other Federal or State agency of hazardous material incidents as required by any Federal or State law or regulation. The emergency response authority may request the disaster emergency service agency to assist in making the required notifications and for any other appropriate assistance. (Ord. 80-430; Ord. 87-27; Ord. 01-42)
Whenever the emergency response authority has reasonable cause to believe that a discharge of hazardous material has occurred or that a discharge of a hazardous material is imminent which 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, and which is not authorized pursuant to any Federal, State or local law or regulation, the emergency response authority may enter any private property in the interest of public safety at all reasonable times to inspect or to perform any duty imposed by this article. If the private property is occupied, the emergency response authority shall first be identified by name and position and demand entry. If the private property is unoccupied, the emergency response authority shall first make a reasonable effort to locate the owner or other person having charge or control of the private property and demand entry. If entry is refused, the emergency response authority may apply for a search warrant or inspection warrant pursuant to the Colorado Municipal Court rules of procedure or as otherwise provided by law. This section shall not be construed to require the issuance of a warrant in any case where warrants are not required by law. (Ord. 80-430; Ord. 01-42)
Upon request of the emergency response authority, all City units shall provide any personnel, equipment and expertise as may be reasonably available to assist at the scene or immediate vicinity of a hazardous material incident taking into account the serious and immediate danger posed by hazardous material incidents. All personnel and equipment from each unit at a hazardous material incident scene or vicinity shall be under the direct supervision of the senior person from that unit or as otherwise provided by unit policy, except that the emergency response authority shall provide general supervisory control and authority at a hazardous material incident scene or vicinity and all City units and personnel shall cooperate with the emergency response authority accordingly. (Ord. 80-430; Ord. 01-42)
If a hazardous material incident occurs on private property within the corporate limits of the City or on private property for which the owner or operator has an agreement with the City for fire protection service, the owner or operator may undertake the emergency response to the hazardous material incident and shall immediately notify and coordinate the response with the emergency response authority. If the owner or operator does not undertake emergency response, or if in the judgment of the emergency response authority there exists an imminent danger to the public health and safety beyond the private property and the emergency response by the owner or operator is inadequate or insufficient to alleviate imminent danger, the emergency response authority shall be responsible for the emergency response to the hazardous material incident as provided in this article. (Ord. 80-430; Ord. 01-42)
The owner of a hazardous material and the operator of any vehicle or other conveyance by which a hazardous material is moved or transported, in the case where a hazardous material incident occurs during movement or transport, shall be jointly and severally responsible for properly cleaning up, transporting and disposing of the residue of the hazardous material incident. Proper cleanup, transport and disposal shall mean actions in compliance with all Federal and State laws and regulations pertaining to the particular hazardous material or residue as the case may be. All owners and operators shall cooperate with the emergency response authority and shall provide all reasonably available means, personnel and equipment to effect the proper cleanup, transport and disposal of the residue of the hazardous material incident. (Ord. 80-430; Ord. 01-42)
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