Sec. 7-25.  Response authority.
   (a)   The County Emergency Management Agency (EMA) Director/Deputy Director shall have authority to coordinate the response to any release or threatened release of hazardous materials in the county.
   (b)   The Fire Chief of the jurisdiction in which such release or threatened release is located shall have primary authority for taking remedial or removal actions necessary to control or contain such release or threatened release, and to ensure the protection of human health, property and the environment.  The role of EMA is to give technical advice and assistance to the Fire Chief, or to assume other roles or perform other duties as deemed necessary by the Judge/Executive or Mayor having executive authority for the jurisdiction in which the release or threatened release occurs.
   (c)   The EMA or Fire Chief shall immediately report any release or threatened release to the executive authority of the jurisdiction (e.g., County Judge/Executive or his administrative assistant; or the Mayor or City Administrative Officer), if the event threatens an incorporated entity, provided section 7-22(b) of this article applies.  If, in the opinion of the executive authority, the seriousness of the situation warrants, the chief executive officer of the jurisdiction shall declare the existence of a stateof emergency in the jurisdiction; and, thereafter, the response authority provided by this section shall be vested in such chief executive officer.  In that event, the chief executive officer may authorize the EMA, Fire Chief, or other appropriate person to exercise all or part of the response authority provided by this section until further notice.  As soon as time allows, after arrival on scene and facts have been gathered to report, the Fire Chief and/or EMA shall notify all appropriate state officials of the event.
   (d)   All local emergency response personnel shall cooperate with, and operate under the direction of, the chief executive officer of the jurisdiction, the Fire Chief, EMA 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 resources found lacking and needed for the protection of human health, property or the environment, and obligate the jurisdiction for the fair market value thereof.
(Ord. No. 1664, 8-23-04)