(a) Pursuant to Ohio R.C. 3737.80, in any emergency situation relating to the prevention of an imminent release of a hazardous material, the clean up or disposal of a hazardous material that has been released or to the related mitigation of the effects of a release of a hazardous material, the Chief of the Fire Department, or his designee, in whose jurisdiction the emergency situation is occurring is responsible for the primary coordination of the on-scene activities of all agencies of the State, the United States government and political subdivisions that are responding to the emergency situation until the Chief relinquishes that responsibility to a representative of one of the responding public agencies and so notifies that representative.
(b) At the sole discretion of the City of Marietta, City Departments, including but not limited to, the Fire Department, Service Department and/or Police Department may undertake to investigate, mitigate, minimize, remove or abate any hazardous material release (spill) or discharge occurring in the City of Marietta. Such action shall, if practicable, be taken in concert with the Federal and State Environmental Protection Agencies, the Washington County Emergency Management Coordinator and other such Federal, State and Local authorities as shall have interest and shall be in conformity with 40 CFR Sec. 300-399, the Superfund Amendments and Reauthorization Act of 1986, Ohio R.C. 3745.13 and 3750.06 and all other applicable Federal, State and Local laws, acts, rules, regulations and ordinances then in effect. Such action by the City of Marietta may include the collection, storage and disposal of hazardous material, subsequent to the release (spill) or discharge. In addition, the City may contract with an outside company or entity, who shall be certified by the Ohio Environmental Protection Agency, to collect, store and/or dispose of hazardous materials subsequent to a release (spill) or discharge.
(Ord. 25(10-11). Passed 4-1-10.)