(A) The County Local Emergency Management Agency shall have authority to coordinate response to any release or threatened release of hazardous materials in any incorporated or unincorporated area of the county and shall implement and operate under the Incident Command System (I.C.S.) as required by SARA, O.S.H.A., E.P.A. and N.F.P.A. guidelines.
(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 assure the protection of human health, property and the environment. The role of HMRT is to give technical advice, coordination and assistance to the Fire Chief. HMRT shall not direct the emergency response unless requested to do so by the Fire Chief or his authorized representative.
(C) The County Local Emergency Management Agency or the Fire Chief shall immediately report any release or threatened release to the executive authority of the jurisdiction (for example, the County Judge/Executive or his administrative assistant, the Mayor, the City Administrative Officer, the City Coordinator). If in the opinion of the executive authority, the seriousness of the situation warrants, the chief executive officer of the jurisdiction (the County Judge/Executive or the Mayor) 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 the County Local Emergency Management Agency, the Fire Chief, or other appropriate person to exercise all or part of the response authority provided by this section until further notice.
(D) With the implementation of the Incident Command System (I.C.S.), all local emergency response personnel shall cooperate with and operate under the direction of the chief executive officer of the jurisdiction, the Fire Chief, the County Local Emergency Management Agency or other person exercising response authority under this section until such time as the person serving as the "exercising response authority" has determined that the response is complete, or responsibility for the 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.
(Ord. 340.1, passed 4-13-93; Am. Ord. 340.3, passed -15-00)
Cross-reference:
Emergency Management Agency, see Ch. 38