§ 95.04 RESPONSE AUTHORITY.
   (A)   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 Mayor shall have executive authority for the jurisdiction in which the release or threatened release occurs.
   (B)   The Fire Chief shall immediately report any release or threatened release to the Mayor and to the County Emergency Services Coordinator, or equivalent agency within the county government. If, in the opinion of the executive authority, the seriousness of the situation warrants, the Mayor shall declare the existence of a state of emergency in the jurisdiction; and, thereafter, the response authority provided by this section shall be vested in the Mayor. In that event, the Mayor may authorize the 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 shall notify all appropriate state officials of the event.
   (C)   All local emergency response personnel shall cooperate with, and operate under the direction of, the chief executive officer of the jurisdiction, the Fire Chief 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.
   (D)   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.
   (E)   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.
(Prior Code, § 95.04) (Ord. 11-10, passed 11-14-2011; Ord. 11-2011, passed 11-14-2011)