§ 45.06 RESPONSE AUTHORITY.
   (A)   The Fire Administrator or his or her authorized representative shall have authority to respond to any release or threatened release of hazardous materials within the village or affecting the public water supply, wells, or sewage treatment works located within district. This authority including, but is not limited to, remedial action and removal.
   (B)   The Fire Administrator shall have primary authority to respond to any release or threatened release of hazardous materials as described. The Fire Administrator shall report any release or threatened release of hazardous materials to all appropriate federal, state, and local public health, safety, and emergency agencies within 24 hours of any substantial release of hazardous material. The Fire Administrator shall relinquish his or her response authority at such time, if any, as the federal, state, or local public health, safety, or emergency agency having primary jurisdiction over the release or threatened release has assumed responsibility for response to the release or threatened release.
   (C)   The Fire Administrator, during such time as response authority is vested in him or her, shall be authorized to utilize all village personnel and equipment and he or she may, in his or her sole discretion, take such remedial or removal action as he or she may deem necessary or appropriate to respond to the release or threatened release of hazardous material including the use of material and in accordance with any mutual aid box alarm system (“MABAS”) agreement.
   (D)   All responding personnel shall cooperate with, and operate under, the direction of the Fire Administrator or other persons he or she designates when exercising response authority under this chapter until such time as the person exercising such response authority has determined that the response is complete or responsibility is assumed by the federal, state, or local emergency response agency having primary jurisdiction over the released or threatened release.
   (E)   The person exercising response authority under this chapter shall coordinate and/or cooperate with other federal, state, or local emergency response agencies involved in response to the release or threatened release of hazardous materials.
   (F)   The responding law enforcement officials shall be primarily responsible for the removal of any material not considered a hazardous material, but which remains hazardous or imminently dangerous to the public including, but not limited to, narcotics, cadavers, and an excessive accumulation of litter, clutter, or debris.
(Ord. 2019-O-019, passed 5-21-19)