(A) The Versailles/Woodford County Disaster and Emergency Services Operation (DES) shall have authority to coordinate response to any release or threatened release of hazardous materials in the City of Midway or any other part of Woodford County.
(B) The Fire Chief of the jurisdiction in which the release or threatened release is located shall have primary authority for taking remedial or removal actions necessary to control or contain the release or threatened release and to assure the protection of human health, property and the environment. The role of DES is to give technical advice and assistance to the Fire Chief.
(C) DES or the Fire Chief shall immediately report any release or threatened release to the executive authority of the jurisdiction (e.g., County Judge/Executive or his or her administrative assistant, Mayor, City Administrative Officer, City Coordinator) if § 131.02(B) applies. If in the opinion of the executive officer of the jurisdiction (County Judge/Executive or Mayor) that the release or threatened release constitutes an immediate risk to human health, property, or the environment then such executive officer 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 the chief executive officer. In such event, the chief executive officer may authorize DES, the Fire Chief or other appropriate person to exercise all or part of the response authority provided by this section until further notice.
(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, DES or other person then exercising response authority under this section until the time that 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 the 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. 2004-17, passed 11-15-2004)