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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.