HomeMy WebLinkAbout1986-17 Designating the Fire Chief as the Emergency Response Authority for Hazardous Substance Incidents and Approving the Eagle County Hazardous Substance Mutual Aid AgreementRE50LUTION N0. 17
Series of 1986
A RESOLUTION DESIGNATING THE FIRE CHIEF AS THE EMERGENCY
RESPONSE AUTHORITY FOR HAZARDOUS SUBSTANCE INCIDENTS AND
APPROVING THE EAGLE COUNTY HAZARDOUS SUBSTANCE MUTUAL AID
AGREEMENT.
WHEREAS, 29-22-101, C.R.S., as amended, provides that the governing body of
every town, city and city and county shall designate by ordinance or resolution an
Emergency Response Authority for hazardous substance incidents occurring within the
corporate limits of such town, city, and city and county; and
WHEREAS, 29-22-103, C.R.S., as amended, encourages Mutual Aid Agreements between
Emergency Response Authorities, the Department of Health and counties for the
purpose of utilizing equipment and expertise in order to safely handle hazardous
substance incidents.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Vaii,
Colorado, as follows:
1. In accordance with Section 29-22-102{3){a), the Emergency Response
Authority for hazardous substance incidents occurring within the corporate limits of
the Town of Vail shall be the Chief of the Town of Vail Fire Department.
2. The Mutual Aid Agreement between the municipalities located within the
County of Eagle, the Sheriff of Eagle County, the Colorado State Highway Patrol and
the Eagle County Environmental Health Department attached as Exhibit A is hereby
approved and the Fire Chief is hereby authorized and directed to sign the Mutual Aid
Agreement for the Town of Vail.
3. This resolution shall take effect immediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPTED this 17th day of June, 19$fi.
Paul R. John on, Mayor
ATTEST:
Pamela A. Brandmeyer, Town erk
HAZARDOUS SUBSTANCE RESPONSE
MUTUAL AID AGREEMENT
A reciprocal Hazardous Substance Assistance Agreement
between the Eagle County Board of County Commissioners,
The Town of Red Cliff, The Tawn of h4inturn, the Town of
Vail, the Town of Avon, the Town of Eagle, the Town of
Gypsum, the Town of Basalt, the Eagle County Sheriff, and
the Colorado State Highway Patrol, relating to reciprocal
Hazardous Substance Incidents Response Assistance.
Whereas, reciprocal Hazardous Substance Response
Assistance between the above named Agencies and Towns
will provide advantages and benefits to the inhabitants
of Eagle County.
This agreement is made and entered into this
day of I986 by and between the
Eagle County Board of County Commissioners, the Towns of
Red Cliff, Minturn, Vail, Avon, Eagle, Gypsum, and
Basalt, the Eagle County Sheriff and the Colorado State
Highway Patrol.
In consideration of the mutual benefits and ad-
vantages which will insure to the Agencies and the
Response Authorities, the parties hereto enter into this
agreement and hereby agree as follows:
x
1) This agreement is nat intended t4, nor should it
be construed to: affect or extend the legal responsibilities
of any of the parties hereto, create, or modify preexisting
legal obligations, if any, create, or extend any legal rights
to any person, or to waive any claims which may arise as a
result of a Hazardous Materials Incident (including claims
far reimbursement from persons responsible fox a hazardous
substance incident or from any emergency response funds cre-
ated under State or Fedexal Law}. This agreement is entered
into for the express purpose of mutual cooperation and co-
ordination between various emergency response agencies with-
in Eagle County, Colorado in the event of an occurence of a
Hazardous Matexial Incident. As used herein, the term
Hazardous Substance Incident shall be synonomous and shall
have the same meaning as provided in C.R.S. 29-22-101, as
amended, or as may be subsequently amended. All actions by
parties to this agreement performed in furtherance of this
agreement shall be deemed and considered, as performed pur-
suant to C.R.S. 29-22-101, etseq., as amended, and the par-
ties hereto have entered into this agreement in reliance upon
the rights and immunities conferred upon them by said Statute.
2) Nothing in this Agreement shall be deemed to create,
alter or delegate the authority of any designated emergency
response authority.
3) In the event the parties to this agreement form an
emergency response team, such team shall not exist as a legal
entity but may exist solely for purpose of training, education,
coordination, and rapid deployment of qualified personnel in
the event of a hazardous substance incident. Such team shall
not alter or effect the designation of any emergency response
authority, and any members of such team shall at all times
remain as employees of their respective employers and subject
to the terms of this Agreement.
2
4) Any dispatch of equipment and personnel pursuant
to the agreement is subject to the following conditions:
a. The Incident Commander at a hazardous material
incident shall be an authorized representative of the
designated emergency response authority for the location
of the incident. He will notify the Emergency Operations
Center of the nature and magnitude of the hazardous
material spill or incident. The Incident Commander will
recommend what assistance is needed and identify and con-
tact the agencies that he anticipates will be necessary
for effective response.
b. To the extent reasonably possible, the entity
requesting assistance shall have two or more personnel
present at the location of any hazardous material in-
cident before requesting assistance.
c. The responding entity shall have it's personnel
report to the Incident Commander of the hazardous material
incident and abide by the orders of that official.
d. The responding entity shall be permitted to
withdraw its' personnel or equipment when:
1. Release by the Incident Commander.
2. The conditions at the hazardous material
incident create extraordinary exposure to
injury or death.
3. The needs of the responding entity require
the return of its' personnel or equipment.
e. Nothing contained herein shall authorize the
Incident Commander or any employees of a„public entity
of a City or County to contract far materials or services
whether or not an emergency exists) on behalf of their
3
employer or any party hereto unless such authorization
has been expressly granted by the governing body of
the employer or party hereto, or unless the expenditure
is one permitted by virtue of a duly adopted budget and
is actually made by a person authorized by his employer
to make such expenditures.
5) Each party hereto waives all claims against the
other parties for compensation for any loss, property damage,
bodily injury, or death occuring as a direct or indirect
consequence of the performance of this Agreement, except if
such loss, property damage, bodily injury, or death occurs
as a result of or willful and wanton acts, willful misconduct,
or gross negligence. -
6} Each party shall, at all times, be responsible for
its own costs incurred in the performance of the Agreement,
subject to later reimbursement from responsible parties or
emergency response funds, and shall not receive any reimburse-
ment from the other parties.
7) All personnel and equipment of a responding Agency
shall be considered in the employment of the responding Agency
and shall be covered by the liability, damage, workmen's com-
pensation, and/or other insurance coverage of said responding
Agency. Such personnel, shall, while engaged in the performance
of services under this Agreement, retain all rights, privileges
and immunity of, and be deemed to be engaged in the service and
employment of the responding entity and not of any requesting
entity.
8) Any party hereto may terminate or withdraw from
this Agreement upon ninety (90} days advance written notice
to all other parties.
4
9) This Agreement shall be effective upon approval by
all of the parties hereto when evidenced by duly passed re-
solution or ordinance of each.
Whereof, the duly authorized representatives of the
parties hereto have executed `iris Agreement the date and
year first above written.
5
EMERGEtiCY RESPQI~SE At1THORITIES
Town of Rea Cliff
By:
Michael Salazar Attest-Yawn Clerk
Town of Minturn
By:
Michael Gallagher Attest-Town Clerk
Town of Vail
By:
Richard Duran Attest-Town Clerk
Town of Avon
By:
Chief, Eagle River Fire Attest- Tow n Clerk
Protection District
Town of Eagle
y:
Phil Biersdorfer Attest- Town Clerk
Town of Gypsum
y:
Dave Vroman Attest- Town Clerk
Town of Basalt
By:
James Isaacs Attest-Town Clerk
Date
Date
Date
Date
Date
Date
Date
BOARD OF COUNTY CO~f1iISSIONERS
Eagle County Chairman
SHERIFF
Eagle County Sheriff
COLORADO STATE HIGHZVAY PATROL
Eagle County Representative
ENVIRONMENTAL HEALTH
Eagle County Officer
7
EAGLE COUNTY
EME RGENCY RESFONSE AUTHORITIES
HAZARDOUS SUBSTANCES
LOCATION:NAME:HOME PHONE:WORK PHONE:
Red Cliff Micrrael Salazar 827-5849 827-5715
alternate)Victor Sisneros 827-5842 527-5300
Minturn Michael Gallagher 476-5671 827-4272
alternate}Duty Officer 827-4272
Vail Dick Duran 827-5569 76-2200
alternate)Michael McGee 476-0493 476-2200
Avon Eagle-Vail Fire Dept 949-5358
alternate)Vail Fire Department 476-2200
Eagle Phil Biexsdorfer 524-9478 328-6352
alternate}Dan Kneale 328-2376 328-6351
Gypsum Dave Vroman 524-7785 328-7311
alternate)John Coffey 524-9465 328-6575
Basalt James Isaacs 927-3229 927-4300
alternate)Jerry L'Estrange 927-4459 927-4701
Eagle County A.J. Johnson 926-2041 328-6611
alternate)Tom Early 328-66ZZ
Local 92
ordered dissolved shall receive any
in the department of local affairs
a and shall distribute eligible entity
ear, in the following manner:
less the share of all eligible munici-
the county;
share of the county share, less the
ted within the municipality;
s proportionate share of the county
city, and special district, its propor-
are, less the shares of any eligible
he ineligible county; and
ate by any eligible entity pursuant
parately from any other source of
quisition of new conservation sites
article. No moneys received from
this section shall be used to acquire
iinent domain.
cipality's share is less than twenty
o the eligible county for the benefit
e board of county commissioners.
to by each eligible entity pursuant
anservation trust fund and shall be
lopment, and maintenance of new
meats or maintenance far recrea-
eligible entity may deposit other
s in its conservation trust fund to
on (4).
ved pursuant to this section, each
vith any other government or polit-
cle 1 of this title. Such cooperation
y any such entities in their respec-
nditures for the acquisition, devel-
ttion sites.
of local government in the depart-
hall annually submit to the division
f local affairs a statement showing
local conservation trust fund, the
or expended from such fund since
se of the encumbrance or expendi-
ed and {2}(c} and (6) added, L. 77,
and (2)(b} R & RE, (1}(gJ added,
5,6,7.
t the state lottery fund to the conservation
93 Hazardous Substance Incidents 29-22-101
ARTICLE 22
Hazardous Substance Incidents
Editor's note: The substantive provisions of this article were repealed and reenacted in 1983.
causing same addition, relocation, and elimination of sections as well as subject matter. (For the
historical record of this article prior to 1983, see this article as contained in chapter 131, Session
Laws of Colorado 1980, and in the 198E and 1962 cumulative supplements to this volume.)
29-22.101.Definitions.
29-22-102.Hazardous substance inc-
dents -response authori-
ties -designation.
29-22-103.Emergency response authority
may request assistance.
29-22-l04.Right to claim reimbursement.
29-22-105.Additional reimbursement for
costs of assistance - sub-
rogation of tights - recov-
ery of reimbursements by
attorney general.
29-22-106. Emergency response cash
fund.
29-22-107. Legislative finding - hazard-
ous substance listing
required.
29-22-i08. Criminal penalties.
29-22-109. Persons rendering assistance
relating to hazardous sub-
stance incidents - legis-
lative declaration -
ezemption from civil liabil-
ity.
29-22-101. Definitions. As used in this article, unless the context otherwise
requires:
I) "Hazardous substance" means any substance, material, waste, or
mixture designated as a hazardous material, waste, or substance according
to 49 Code of Federal Regulations Part 172, as amended, or by section
18-13-112 (2} (b), C.R.S., or as designated pursuant to the federal "Campre-
hensive Environmental Response, Compensation, and Liability Act of 1980"
PL 96-510} as in effect July 1, 1983.
2) (a} "Hazardous substance incident" means any emergency circum-
stance involving the sudden discharge of a hazardous substance which, in
the judgment of an emergency response authority, threatens immediate and
irreparable harm to the environment or the health and safety of any individua!
other than individuals exposed to the risks associated with hazardous sub-
stances in the normal course of their employment. "Hazardous substance
incident" includes those incidents of spilling, dumping, ar abandonment of
a hazardous substance, whether or not such spilling, dumping, or abandon-
meat is found to threaten immediate and irreparable harm, but such term
does not include any discharge of a hazardous substance authorized pursuant
to any federal, state, or local law ar regulation.
b} As used in this section, "abandonment" means the act of leaving a
thing with the intent not to retain possession of or assert ownership or control
over it. The intent need not coincide with the act of leaving.
3) "Person" means any individual, public or private corporation, partner-
ship, association, firm, trust, or estate, the state or any department, institu-
tion, or agency thereof, any municipal corporation, county, city and county,
or other political subdivision of the state, or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties.
4) "Private property" means any property under the control, manage-
meat, or operation of any person other than a governmental agency.
Source: R & RE, L. 83, p. 1216, § 1.