HomeMy WebLinkAbout1991-006 Local Emergency Response Authority RESOLUTION NO. #6 - 91
WHEREAS Senate Bill No. 1130 passed by the 1991 Idaho
Legislature enacted the Idaho Hazardous Substance Emergency
Response Act; and
WHEREAS, said act carried an emergency clause and was
effective upon passage; and
WHEREAS, the act and specifically 39-7105 requires the City
of Chubbuck to designate the local emergency response
authorities; and,
WHEREAS, the City of Chubbuck desires to fulfill its
responsibilities under said Act.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
CHUBBUCK:
The Chubbuck Fire Department is designated, pursuant to
Idaho Code § 39-7105, as the local emergency response authority
for the City of Chubbuck.
PASSED AND APPROVED by the Mayor and Council of the City of
Chubbuck, Idaho on this 28th day of May, 1991.
~~~ayor
Ron C. Conlin, city Clerk
RESOLUTION - Page 1
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CERTIFICATE
STATE OF IDAHO )
:SS
County of Bannock)
I, Ron C. Conlin, City Clerk of said City hereby certify
that the above and foregoing is a true, full and correct copy of
a resolution adopted by the Council of said City at a meeting
held according to law at said City on the 2~. day of May, 1991,
as the said appears on file and of record in this office.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
affixed the corporate seal of said City, this 29TH. day of May,
1991.
Ron C. Conlin, City Clerk
City of Chubbuck
State of Idaho
RESOLUTION - Page 2
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**LEGISLATIVE ALERT**
**FOR IDAHO CITIES AND COUNTIES**
FROM THE IDAHO EMERGENCY RESPONSE COMMISSION
Senate Bill 1130 - Idaho Hazardous Substance Emergency Response Act
This bill was signed into law on April 4, 1991 with an
emergency clause making it effective immediately.
Two sections of this new law relate to the designation and authorities of
local emergency response authorities for hazardous substance incidents.
The governing body of each city and the board of commissioners of each county
is required to designate by ordinance or resolution a "local emergency
response authority" for hazardous substance incidents. The Act encourages
the designation of an authority whose members are trained or will be trained
in hazardous substance emergency response. In jurisdictions where
hazardous materials contingency plan is in place, it is important to make
this designation and the plan consistent with one another. That is, the
primary first responder in the plan should probably be the designated local
emergency response authority. If you cannot designate any local agency, the
Emergency Response Commission will assist you in naming an appropriate
authority.
Designation of this authority in each local jurisdiction will ensure that
appropriate local notifications are made in the event of a hazardous
substance incident. It will also establish a point of contact in each city
and county to receive special information about hazardous materials programs,
training, etc. Importantly, the local emergency response authority may
receive direct reimbursement from the state for the costs of responding to
a bona fide hazardous substance incident, as defined in the Act.
The designation is to be made within sixty (60) calendar days after the
effective day of the Act. That means June 3, 1991 is the deadline for each
city and county to notify entities of their
emergency response authority'design~ ' ~
Jennie Records
~ Idaho Emergency Response Commission
.... 1410 North Hilton
~' Boise, ID 83706
~ David Habben
~,~ Idaho EMS Communications Center
'~ c/o Bureau of EMS
'~. 450 West State Street //
~'~ Boise, ID 837~/
With questions about this designation or other aspects of the new hazardous
materials response law, or to get a copy of the Hazardous Substance Emergency
Response Act, please call Jennie Records at 334-5888.
IDAHO EMERGENCY RESPONSE COMMISSION
[2oB, : :: 4-5B88
24-Hour Emergency Notification (800] 632-8000
STATEHOUSE· BOISE, 113 83720
May 10, 1991
Dear Mayor:
Idaho is entering a new phase in hazardous materials emergency
response. With the 'passage of Senate Bill 1130, the Hazardous
Substance Emergency Response Act, the state is now pursuing the
creation of regional response teams for hazardous substance
incidents.
The first of these regional teams will be in Pocatello, staffed
largely by members of the Pocatello Fire Department. The Emergency
Response Commission intends to seek additional funding through the
legislature to create teams in southwest and north Idaho. These
State-'supported teams will be fully trained and equipped to respond .
'to serious chemical accidents, the kind of incident your local
first responders may not be prepared to handle.
In order to clarify and simplify Idaho's current hazardous
materials response capabilities, the Act requires local governments
to designate "local emergency response authorities" for purposes
of hazardous materials response. The attached Legislative Alert
describes the requirement.
I am happy to speak with you directly to answer any questions you
may have about this new requirement and what it means to you and
your constituents. Please call or write me at the letterhead
address or phone. I think you will be pleased to learn how this
new system can help you.
~ncere~y, ~ ~
~~ecords Program Director
Ft.&~,~OI3i. jS ~/I.A 1-EF~IALS £~,IERGENCY PLA,~JNING A;'iO CG'J'b!!JNITY RIGHT-I-O-K r,,lO'.A~ o~CGt::IAMS
LEGISLATURE OF THE STATE OF IDAHO
Fifty. -firsl Legislature First Regular Session -- t991
IN THE SENATE
SENATE BILL NO. i130
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO EMERGENCY RESPONSE TO HAZARDOUS SUBSTANCES SPILLS; AMENDING TITLE
3 39, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 71, TITLE 39, IDAHO CODE,
4 TO PROVIDE A SHORT TITLE, TO PROVIDE LEGISLATIVE INTENT, TO DEFINE TERMS,
5 TO PROVIDE FOR AN EMERGENCY RESPONSE COMMISSION IN THE OFFICE OF THE GOV-
6 ERNOR, TO PROVIDE FOR DESIGNATION OF EMERGENCY RESPONSE AUTHORITIES, TO
7 PROVIDE POWERS AND DUTIES OF LOCAL EMERGENCY AUTHORITIES, TO PROVIDE
8 APPLICATION OF THE STATE DISASTER PREPAREDNESS ACT, TO PROVIDE PROCEDURES
9 FOR NOTIFICATION WHEN AN EVENT OCCURS, TO PROVIDE FOR REIMBURSEMENT OF
10 CLAIMS, TO PROVIDE FOR THE ISSUANCE OF DEFICIENCY WARRANTS FOR REIMBURSE-
11 MENT OF RESPONSE COSTS, TO PROVIDE FOR LIABILITY FOR RELEASE OF A HAZARD-
12 OUS SUBSTANCE, TO PROVIDE FOR RECOVERY OF COSTS AND CIVIL REMEDIES, TO
13 PROVIDE LIMITED IMZMUNITY TO PERSONS RENDERING ASSISTANCE RELATING TO HAZ-
14 ARDOUS SUBSTANCE INCIDENTS, TO PROVIDE FOR APPROVAL FOR PRIVATE EMERGENCY
15 RESPONSE PLANS, TO PROVIDE $EVERABILITY; AND DECLARING AN EMERGENCY.
16 Be It Enacted by the Legislature of the. State of Idaho:
17 SECTION 1. That Title 39, Idaho Code, be, and the same is hereby amended
18 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
19 ter 71, Title 39, Idaho Code, and to read as follows:
20 CHAPTER 71
21 HAZARDOUS SUBSTA~NCE EMERGENCY RESPONSE ACT
22 39-7101. SHORT TITLE. This chapter may be known and cited as the "Idaho
23 Hazardous Substance Response Act."
24 39-7!02. LEGISLATIVE FINDINGS ~ND PURPOSES. (1) The !egis!acute of the
25 state of Idaho finds:
26 (a) That the state has a duty to protect the health, safety and welfare
27 of the people of Idaho;
28 (b) Thac the pro~ection and preservation of Idaho's environment promotes
29 the health, safety and welfare of her people;
30 (c) That the unexpected and uncontrolled releases of hazardous substances
31 constitute a threat to the people and environment of Idaho; and
32 (d) That knowledgeable persons, governmental entities and organizations
33 should be encouraged to lend expert assistance in the event of a hazardous
34 substance incident.
35 (2) Therefore, i: is hereby declared that nhe purposes of the provisions
36 of this chapter are:
37 (a) To facilitate emergency resoonse planning and coordination aG a state
38 and local level;
39 (b) To provide for the prompt response and containment of releases of
L0 hazardous substances;
41 (c) To provide liability for emergency response costs associated with
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into the environment. "Release" does not include any discharge of a hazardous
substance into the environment which is authorized by limits and conditions in
a federal or state permit relating to the protection of public health or the
environment so long as the permitted activity from which the release occurs is
in compliance with applicable limits and conditions of the permit.
(10) "State emergency response team" means one (1) of the s~ate emergency
response teams authorized by the commission to respond to hazardous substance
incidents.
9 39-7104. EMERGENCY RESPONSE COMMISSION. (1) There is hereby authorized an
10 emergency response commission in the office of the governor. The commission
11 shall consist of the following state and local officials, industry representa-
i2 tires, or their designees: the adjutant general of the Idaho national guard;
13 ~he director of the department 'of health and welfare; the state fire marshal;
14 the director of the department of law enforcement; the director of the Idaho
15 transportation department; the director of the department of agriculture; one
i6 (1) member representing idaho cities; one (1) member representing Idaho coun-
17 5les; one (1) member representing hazardous waste or materials transportation
18 industry; one (1) member representing a user of hazardous materials; one (1)
19 member representing the Idaho state fire chief's association; one (1) member
20 representing the Idaho county sheriff's association; one (1) member of the
21 Idaho police chief's association; and one (1) member at large representing the
2~2 citizens of the state of Idaho. The last eight (8) members shall be appointed
23 by the governor to serve staggered three (3) year terms. The state coordinator
24 of disaster services shall be an ex officio member of the commission. All mem-
25 bets shall serve without compensation, except that members who are not state
26 officers or employees shall be compensated as provided in section 59-509(g),
27 Idaho Code. The governor shall appoint a chairman from the appointees. The
28 attorney general shall provide legal counsel to the commission.
29 (2) The commission shall implement the provisions of this chapter and
30 direct the activities of its staff and, in so doing, the commission may:
31 (a) Create a staff and appoint a chief of that staff, with the concur-
32 fence of the governor, who shall be exempt from the requirements of the
33 merit system, chapter 53, title 67, Idaho Code. In accordance with the
34 laws of the state, the chief of the commission's staff may hire, fix the
35 compensation, and prescribe the powers and duties of such other individu-
36 als, including consultants, emergency teams and committees, as may be nec-
37 essary to carry out the provisions of this chapter.
38 (b) Create and implement state emergency response teams that have appro-
39 priatety trained personnel and necessary equipment to respond to hazardous
40 substance incidents. The commission shall enter into a written agreement
41 with each entity or person providing equipment or services to a designated
42 emergency response team. The teams shall be available to respond to haz-
43 ardous substance incidents at the direction of the commission or its des-
44 ignee.
45 (c) Contract with persons To meet state emergency response needs for the
46 teams and response authorities.
47 (d) Advise, consult and cooperate with agencies of the state and federal
a8 government, other states and their s~ate agencies, cities, counties,
a9 tribal governments and other persons concerned with emergency response and
50 matters relating to and arising out of hazardous substance incidents.
51 (e) Encourage, participate in, or conduct s~udies, investigations, train-
52 ing, research, and demonstrations for and winh state emergency response
53 teams, local emergency response authorities and other interested persons.
1 (3) if a hazardous substance incident occurs in an area in which no local
2 emergency response authority has been designated, or if the idaho state police
3 has been designated as the locai emergency response authority, the Idaho state
4 police shail be the iocai emergency response authority for such hazardous sub-
5 stance incident for the purposes of this section.
6 39-7106. LOCAL EMERGENCY RESPONSE AUTHORITIES -- POWERS AND DUTIES. (1)
7 Every local emergency response authority designated in or pursuant to this
8 chapter will respond to a hazardous substance incident occurring within its
9 jurisdiction in a fashion consistent wi~h the idaho hazardous materials emer-
l0 gency incident command and response plan except as provided in a private emer-
11 gency response plan. The local emergency response authority will also respond
12 to a hazardous substance incident which iniciaily occurs within its jurisdic-
13 tion but which spreads to another jurisdiction. If a hazardous substance inci-
14 dent occurs on a boundary between two (2) jurisdictions or in an area where
15 the jurisdiction is not readily ascertainable, the first local emergency
16 response authority to arrive at the scene of the incident will perform the
17 initial emergency response.
18 (2) The incident commander shall declare the hazardous substance incident
19 ended when the threat to public health and safety has ended and the threat to
20 the environment has been minimized.
21 (3) Mutual aid agreements or contracts are encouraged among governmental
22 entities, private parties, local emergency response authorities and the com-
23 mission in order to safely respond to hazardous substance incidents. Further,
24 mutual aid agreements are encouraged among governmental entities, local emer-
25 getty response authorities and the commission with other similar entities in
26 other states and Canada in order to ensure appropriate response to hazardous
27 substance incidents.
28 (4) Any local emergency response authority designated in or pursuant to
29 the provisions of section 39-7105, Idaho Code, may request the commission to
30 provide assistance consistent with the Idaho hazardous materials emergency
31 incident command and response plan.
32 39-7107. STATE DISASTER PREPAREDNESS ACT CONTROLS DISASTER EMERGENCIES,
33 EXCEPT FOR THE LIABILITY OF RESPONSIBLE PERSONS. In the event a disaster emer-
34 gency or local disaster emergency is declared by proper authority as defined
35 and set forth in chapter 10, title 46, Idaho Code, as a result of a hazardous
36 substance incident, the provisions of chapter 10, title 46, Idaho Code, shall
37 govern, except that the provisions of section 39-7109, Idaho Code, shall gov-
38 ern reimbursement of emergency response costs and the provisions of sections
39 39-7111 and 39-7112, Idaho Code, shall govern the liability of and cost recov-
40 ery against persons responsible for hazardous substance incidents resulting in
41 disaster emergencies in any case.
42 39-7!08. NOTIFICATION OF RELEASE iS REQUIRED. (i) ~ny person who has
43 responsibility for reporting a release under the federal comprehensive envi-
4a ronmentai response, comoensation and liability acc (CERCLA), 42 U.S.C. 9603,
45 shall, as soon as practicable after he has knowledge of any such reportable
46 release other ~han a permitted release or as exempted in section 39-7!08(3),
47 Idaho Code, notify the commission of such release.
48 (2) Any person ~ho has responsibility for reporting a release under the
49 federal emergency planning and communit~ right-to-know act, 42 U.S.C. !I001 et
50 seo., shall as soon as practicable after he has knowledge of any such report-
51 able release other ~han a ~ermitted release notify the commission of such
1 (3) Claims for reimbursement shall be submitted to the commission within
2 sixty (60) days after termination of the hazardous substance incident for the
3 state's determination of payment, if any.
4 (4) Reimoursements shall only be paid after ~he commission finds chat the
5 actions 0y the state emergency response ~eam or ~he Local emergency response
6 authority were taken in response to a hazardous substance incident as defined
7 in this chapter.
8 (5) ?he state of Idaho shall be subrogated to the rights of any such per-
9 son so reimbursed to the extent of such reimbursement.
10 39-7110. DEFICIENCY WARRANTS FOR REIMBURSEMENT OF RESPONSE COSTS. (1) The
ll commission shall review all claims for reimbursement and make recommendations
i2 as to payment or nonpayment of the claims to the board of examiners within one
13 hundred twenty (120) days after termination of the hazardous substance inch-
14 dent. The board of examiners may authorize the issuance of deficiency warrants
15 for the purpose of reimbursing reasonable and documented costs associated with
i6 emergency response actions taken pursuant to this chapter.
17 (2) Deficiency warrants authorized by the board of examiners shall not
18 exceed the sum of one hundred thousand dollars ($100,000) for reimbursement of
19 all claims made as a result of a single hazardous substance incident, in the
20 event all claims for reimbursement for a single hazardous substance incident
21 exceeds the sum of one hundred thousand dollars ($100,000), the board of exam-
22/ iners shall determine an appropriate and equitable basis of payment of reim-
23 bursements.
24 (3) Upon authorization of deficiency warrants by the board of examiners
25 in accordance with the provisions of this section, the state auditor shall,
26 after notice to the state treasurer, draw deficiency warrants in the autho-
27 rized amounts against the general account.
28 (4) Nothing contained in this section shall be construed to change or
29 impair any right of recovery or subrogation arising under any other provisions
30 of law.
31 39-7111. LIABILITY FOR RELEASE OF A HAZARDOUS SUBSTANCE. (1) Any person
32 who owns, controls, transports, or causes the release of a hazardous substance
33 which is involved in a hazardous substance incident shall be strictiy liable
34 for ~he costs arising out of a hazardous substance incident, ;dentified in
35 section 39-7112, idaho Code. There shall be no liability under this chapter
36 for a person otherwise liable who can establish by a preponderance of the evi-
37 dence that:
38 (a) The hazardous substance incident was caused solely by:
39 (i) An act of God;
40 (ii) An act of war;
41 (iii) An act or omission of a third par~y~ other than an empioyee or
a2 agent of the potentially liable person if:
~3 !. The potentially liable ~erson exercised reasonable care with
44 respect to the hazardous substance involved caking into consid-
~5 eration the characteristics cf the hazardous substance in light,
46 of ail relevant facts an~ circumstances; and
47 2. Fhe potentiai~y liable ?erson took precautions against fore-
48 seeable acts or omissions cf any such third par~y and the conse-
a9 quences that could foreseeabiy result from such acts or omis-
50 sions: or
5! (iv) Application of a ~esticide ~rocuc~ cr fertilizer registered
52 under zhe federal :nsecticide. fungicide, znd rodenticide act, 7
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1 (4) Nothing in this section shall be construed to abrogate or limit the
2 immunity granted to governmental entities pursuant to chapter 9, title 6,
3 Idaho Code.
4 39-7114. PRIVATE EMERGENCY RESPONSE PLAN APPROVAL. Private emergency
5 response plans may be prepared for any facility or specific set of conditions.
6 A private emergency response plan must be approved by the local emergency
7 response authority or state emergency response commission unless the plan:
8 (1) Is a contingency plan that has been approved in the issuance of a
9 final part B operating permit, in accordance with section 39-4401, Idaho Code,
10 by the Idaho division of environmental quality;
11 (2) Is a contingency plan prepared in accordance with the requirements of
!2 regulations promulgated pursuant to section 39-4401, Idaho Code, by the Idaho
13 division of environmental quality;
14 (3) Has otherwise been approved by the state emergency response commis-
15 sion or division of environmental quality. Private emergency response plans
16 must be submitted, for file purposes, to the local emergency response authori-
17 ties and the state emergency response commission to qualify as a private emer-
I8 gency response plan under this section.
19 39-7115. SEVERABILITY. The provisions of this act are hereby declared to
20 be severable and if any provision of this act or the application of such pro-
217 vision to any person or circumstance is declared invalid for any reason, such
2Z declaration shall not affect the validity of remaining portions of this act.
23 SECTION 2. Am emergency existing therefor, which emergency i$ hereby
24 declared to exist, this act shall be in full force and effect on and after its
25 passage and approval.
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