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The following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
DISASTER AND EMERGENCY SERVICES (DES) DIRECTOR and/or EMERGENCY MANAGER and/or EMERGENCY MANAGEMENT DIRECTOR. That official appointed by the Mayor and County Judge/Executive pursuant to KRS 39.415.
EMERGENCY RESPONSE PERSONNEL. Any public employee, including but not limited to, any firefighter or emergency response personnel who responds to any condition caused in whole or part by a hazard that jeopardizes or could jeopardize public health or safety of the environment. EMERGENCY RESPONSE PERSONNEL may assume the role of INCIDENT COMMANDER.
FIRE CHIEF. The Fire Chief of the City of Stanford; City of Crab Orchard; City of Hustonville or the County of Lincoln or one of the Lincoln County Fire Protection Districts or the next in command.
HANDLER. Any person who transports or stores a hazardous substance(s).
HAZARDOUS MATERIALS COORDINATOR. The person designated by Lincoln County Emergency Management and appointed by the Lincoln County Fiscal Court pursuant to the Lincoln County Emergency Operations Plan.
HAZARDOUS SUBSTANCE(S). Shall be defined as in KRS 224.1-400, as amended.
HAZARDOUS WASTE. Shall be defined as in KRS 224.1-010 and supporting regulations as amended.
MSDS. A material safety data sheet prepared pursuant to state law or pursuant to regulations of the Occupational Safety and Health Administration of the United States Department of Labor (if applicable).
OWNER OR OPERATOR. Any person having ownership, control or executive authority of a facility, vehicle or property where a hazardous substance(s) is stored, handled or used.
PERSON. Any individual, trust, limited liability company, firm, company, society, corporation, joint stock company, partnership, consortium, association, cooperation, joint venture, city, county, special district, state or any department or agency or political subdivision thereof, United States Government, or other commercial or legal entity.
PREPLANNING. A joint assessment by persons storing or handling hazardous substance(s) and the Fire Chief and/or the Hazardous Materials Coordinator and/or Emergency Management Director of the risks associated with the hazardous substance(s) and may include inspections, joint training and practice.
RELEASE. Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, scarping, leaching, dumping, or disposing into the environment of a hazardous substance(s) in quantities which meet or exceed the reportable quantity amounts established by state or federal regulations.
THREATENED RELEASE. A condition creating a substantial probability of a release when the probability and potential extend of a release make it reasonably necessary to take immediate action to prevent, reduce or mitigate damages to persons, property, or the environment.
USER. Any person who uses a hazardous substance(s).
(Ord. passed 9-15-2005; Ord. 112, passed 5-28-2019)
The Fire Chief shall be responsible for administering and enforcing the provisions of this chapter and shall be responsible for the city or county's compliance with all applicable state and federal laws and regulations. The Fire Chief shall further give full access to, and availability of, information submitted under this chapter to emergency response personnel and other appropriate governmental entities on a 24-hour basis. At no time will the Fire Chief relinquish command and control of the Fire Department during an emergency response.
(Ord. passed 9-15-2005; Ord. 112, passed 5-28-2019)
The DES Director is authorized and directed to coordinate and cooperate with the Fire Chief and Hazardous Materials Coordinator on all hazardous material responses and follow-up. He or she shall also direct and coordinate with the local hazardous materials response and decontamination unit as necessary. He or she shall authorize the response of other jurisdictions as needed to resolve any incident.
(Ord. passed 9-15-2005; Ord. 112, passed 5-28-2019)
The Hazardous Materials Coordinator is authorized and directed to cooperate with the Fire Chief and DES Director/Emergency Manager on all hazardous materials responses and follow-up. He or she shall provide costs of response and follow-up pertaining to agencies, manpower, supplies, apparatus and equipment to the DES Director/Emergency Manager for cost recovery from the owner/handler of the released agent. He or she shall authorize the response of other agencies and/or jurisdictions as needed to resolve any incident.
(Ord. 112, passed 5-28-2019)
Any handler or user of hazardous substances who stores or handles hazardous materials for any length of time shall immediately notify the Fire Chief, through the use of MSDS or other documentation, that a hazardous substance(s) is being stored. When the storage of such substance(s) is planned to or does exceed 30 days, the responsible person storing, handling, or using that substance(s) shall notify the Fire Chief and shall engage in preplanning with the Fire Chief. This section does not apply to storage of hazardous substances at fixed facilities for less than 30 days provided those facilities comply with the other provisions of this chapter. The 30-day time period set out in this section continues to run as long as there is a hazardous substance(s) at the facility and does not require any particular substance(s) to be handed or stored for over 30 days.
(Ord. passed 9-15-2005; Ord. 112, passed 5-28-2019)
The owner or operator of any facility at which a hazardous substance(s) is handled or used shall notify the Fire Chief, through the use of a MSDS or other documentation, of the substances being stored at the site of the owner or operator by providing the Fire Chief with a complete inventory and location of such hazardous substances. Such owner or operator shall also implement emergency response plans and procedures for the mitigation of a release or threatened release to minimize any potential harm or damage to persons, property or the environment as may be necessary for a particular incident and implement evacuation plans and procedures, including the immediate notice to the Fire Department and to persons with the immediate site and adjacent properties. Such owners or operators shall also provide training for all employees as required by state and federal OSHA standards and regulations. Such owners or operators shall also allow periodic inspections by the Fire Chief of the storage site.
(Ord. passed 9-15-2005; Ord. 112, passed 5-28-2019)
The city and/or county Fire Departments are authorized to respond to and abate the effects of any release or threatened release of hazardous substances into the environment, pursuant to the existing preplanning agreement, when requested to do so by the handler or user or when, in the judgment of the incident commander, there exists an imminent hazard to human health or the environment. The Fire Chief, or other person in charge of the incident scene, shall authorize the response of the local hazardous materials response and decontamination unit for any event which may exceed their ability to abate, mitigate, or dispose of. This may be done at his or her discretion by contacting the DES Director/Emergency Manager and/or the 911 dispatch center. If the event exceeds the capabilities for the local hazardous materials response and decontamination unit, then response teams from other jurisdictions may be summoned and utilized at the direction of the local hazardous materials response and decontamination unit commander or Hazardous Materials Coordinator or DES Director/Emergency Manager.
(Ord. passed 9-15-2005; Ord. 112, passed 5-28-2019)
(A) The DES Director/Emergency Manager may also issue invoices to recover costs of response, recovery and abatement from those handlers and users who are liable for the substance release or threatened release.
(B) Any person causing an unauthorized release of any hazardous substance(s) or hazardous waste(s) shall be responsible for its clean-up and all expenditures pursuant thereto.
(C) Any person causing an unauthorized release of any hazardous substance(s) or hazardous waste which results in the city or county expending public funds for the response to the release, its abatement, or the cleanup or removal of such hazardous substance(s) or hazardous waste shall be liable to the city or county for all recoverable costs as outlined below.
(1) In the event of a hazardous substance(s) release or threatened release involving materials in transit, the shipper (carrier), the owner of the substances, and all other persons whose activities caused or contributed to a release or threatened release, jointly and severally, shall be responsible for all direct costs including, but not limited to, personnel costs of the City of Stanford; City of Crab Orchard; City of Hustonville and Lincoln County Fire Departments and other dispatched emergency agencies and personnel responding to the release or threatened release, replacement costs of suppliers and equipment contaminated as a result of the incident, the cost of proper disposal of contaminated materials, the cost of cleanup, evacuation, and administrative and other expenses, including legal expenses, incurred in recovering these costs. The city and/or cities and County Attorney are hereby authorized and directed to initiate such proceedings, in the name of the City of Stanford; City of Crab Orchard; City of Hustonville and the Lincoln County Fiscal Court in any court having jurisdiction over such matters as are necessary to recover costs of the city/cities or county.
(2) In the event of a hazardous substance(s) release or threatened release involving a fixed facility, the operator, owner and all other persons of the facility responsible for the presence of hazardous substances shall be responsible for all direct costs including, but not limited to, personnel costs of the city/cities and county Fire Departments and other dispatched emergency agencies and personnel in responding to the release or threatened release, including replacement of supplies and equipment contaminated as a result of the incident, the cost of proper disposal of contaminated materials, the cost of clean-up, evacuation, administrative and other expenses including legal expenses, incurred in recovering these costs. The city/cities and County Attorney are hereby authorized and directed to initiate such proceedings, in the name of the City of Stanford; the City of Crab Orchard; the City of Hustonville and the Lincoln County Fiscal Court in any court having jurisdiction over such matters as are necessary to recover costs of the city/cities or county.
(3) Any hazardous substance(s) or material release shall be considered a public health hazard and for those responses made by the Stanford; Crab Orchard; Hustonville or Lincoln County Fire Departments and other emergency response agencies and personnel involving a fixed facility within the city/cities or county, the city/cities or Lincoln County shall have a lien against the property for the recoverable costs as stated hereinabove. The affidavit of the Fire Chief shall constitute prima facial evidence of the amount of the lien and the regularity of the proceedings and shall be recorded in the Office of the County Clerk. The lien shall be notice to all persons from the time of its recording and shall bear interest thereafter until paid. The lien created shall take precedence over all other subsequent liens, except state, county, school board and city taxes, and may be enforced by judicial proceeding. The owner of a property upon which a lien has been attached shall be personally liable for the amount of the lien, including all interest, civil penalties, and other charges and the city/cities or county shall have the same remedies as provided for the recovery of a debt owned.
(Ord. passed 9-15-2005; Ord. 112, passed 5-28-2019)
(A) The Fire Chief in cooperation with the DES Director/Emergency Manager, will have primary responsibilities for enforcement of the provisions of this chapter.
(B) Upon notification or discovery of any violation of the provisions of this chapter, the Fire Chief or his or her next in command shall investigate the site, and if a violation is found, issue a notice of violation to the person responsible for the facility. This notice shall provide for immediate abatement if a release or threatened release is occurring. This notice shall also provide abatement periods of other violations.
(Ord. passed 9-15-2005; Ord. 112, passed 5-28-2019)
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