(A) There shall be a Tippecanoe County Hazardous Materials Response Team overseen by the Department of Emergency Management. The Director of Emergency Management or the Director’s designee shall be the Coordinator of the Hazardous Materials Response Team. The Director’s designee, if any, must be an employee of the Department of Emergency Management. The mission and purpose of the Hazardous Materials Coordinator shall be to advise the Emergency Management Director in establishing and implementing overall guidelines, standard operating procedures and policies regarding the operation of the Hazardous Materials Response Team.
(B) The Hazardous Materials Response Team shall consist of individuals who have volunteered for membership on the Response Team subject to appointment by the Coordinator and, if the Coordinator is a designee, the approval of the Emergency Management Director. The individuals appointed to the Response Team must have expertise, knowledge, and interest in responding to emergencies created by dangerous, hazardous or toxic materials; as well as in substance storage, handling, use, transportation, and disposal issues in the county. Members of the Response Team shall serve at the pleasure of the Director of Emergency Management.
(C) The volunteers on the Response Team shall not receive compensation from the county for their volunteer work as part of the Response Team. However, it is the intent of the county that, while responding to dangerous, hazardous, or toxic materials incidents, that volunteers on the Response Team be regarded as employees for purposes of general liability or equivalent insurance coverage in effect for the county. This provision is not intended to create a private right of action for any volunteer or third party nor is it intended for the benefit of any third party.
(D) The Director or designee shall be compensated as employees of the county, and the Director or designee’s duties with respect to the Response Team shall be regarded as duties within the scope of their employment. Employees of other agencies may assist the efforts of the Response Team as part of their employment with such agency. When they do so, they shall be regarded as employees of their respective agencies.
(E) Notwithstanding any other provision in this section and without limitation, the Department of Emergency Management may seek to recover from responsible parties under § 32.51 the reasonable and necessary costs associated with hazardous materials response work performed by the Director, the Director’s designee, volunteers, or employees of other agencies all of whom shall be regarded as “members” of the Hazardous Materials Response Team under § 32.56(C)(2).
(F) The Hazardous Materials Response Team shall respond to emergencies involving dangerous, hazardous, flammable, combustible, radiological, corrosive, or toxic materials, including emergencies involving storage, handling, transportation, use and disposal of such substances. The Coordinator of the Hazardous Materials Response Team shall be responsible for supervision and management of the Response Team activities. The Team shall be “called out” by the Coordinator of the Hazardous Materials Team, or the Coordinator’s designee as need may arise. At the scene of any incident, the Coordinator or designee shall be responsible for the activities of the Team and shall direct and otherwise supervise its members.
(G) The Emergency Management Advisory Council established under § 32.15 shall advise the Board of Commissioners regarding the guidelines and policies to be adopted, and after adoption, the operation and effectiveness of the Hazardous Materials Response Team in controlling damage and injury from the transportation, handling, use, storage or disposal of dangerous, hazardous or toxic materials and substances in the county.
(H) The immunity provisions of I.C. 34-13-3-3 shall apply to the Hazardous Materials Response Team to the fullest extent permitted by law.
(Res. 98-31-CM, passed 7-6-98; Am. Ord. 2019-27-CM, passed 10-21-19)