(A) The County Emergency Management Agency (hereinafter called OCEMA) shall have authority to coordinate response to any release or threatened releases of hazardous materials in any incorporated or unincorporated area of the county.
(B) The Fire Chief of the jurisdiction in which the release or threatened release is located and OCEMA 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. This may include, but not be limited to, activating mutual aid, using public works equipment and materials or seeking appropriate contractor(s) to control and/or remediation of the released material. The liability for any and all costs of necessary actions shall be that of the responsible party as defined in § 94.09.
(C) OCEMA is to provide coordination, technical advice and assistance to the Fire Chief. OCEMA shall direct the emergency response when requested to do so by the Fire Chief or his or her authorized representative or when directed to do so by appropriate authority as defined in KRS 39B.030(7)(b).
(D) OCEMA or the Fire Chief shall immediately report any release or threatened release which would require the implementation of Annex Q of the Local Emergency Operations plan or of the State Emergency Operations Plan, 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 in the opinion of the executive authority, the seriousness of the situation warrants, the chief executive officer of the jurisdiction (County Judge-Executive or 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 that chief executive officer. In this event, the chief executive officer may authorize OCEMA, the Fire Chief or other appropriate person to exercise all or part of the response authority provided by this section until further notice.
(E) All local emergency response personnel shall cooperate with and operate under the direction of the chief executive officer of the jurisdiction, the Fire Chief, OCEMA or other person then exercising response authority under this section until a 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 the release or threatened release.
(F) 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.
(G) 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. 02-340-72, passed 11-18-2002)