§ 94.08 RESPONSE AUTHORITY.
   (A)   The county’s disaster and emergency services (OCDES) shall have authority to coordinate response to any release or threatened release of hazardous materials in any incorporated or unincorporated area of the city.
   (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 ensure the protection of human health, property and the environment. The role of OCDES is to give technical advice and assistance to the Fire Chief. OCDES shall not direct the emergency response unless requested to do so by the Fire Chief or his or her authorized representative.
   (C)   OCDES 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 or 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 such chief executive officer. In such event, the chief executive may authorize OCDES, 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 and operate under the direction of the chief executive officer of the jurisdiction, the Fire Chief, OCDES or other person then exercising response authority under this section until such 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 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.
(Prior Code, § 93.42) (Ord. 590, passed 2-6-1996)