[HISTORY: Adopted by the Board of Supervisors of Adams County 2-20-2001 by Ord. No. 7-2001. Amendments noted where applicable.]
The release to the ecosystem of any solid, liquid, vaporous, or gaseous substance that creates a hazard, potential hazard, public nuisance, health or safety risk or a deleterious effect upon the environment within the County, except those occurring during sanctioned waste disposal, hazardous material collection or landfill activities, shall be considered a public safety or health hazard, unless determined otherwise by the on-scene incident commander, and be a condition that warrants an emergency response.
The entity that owns or temporarily has control of a solid, liquid, vaporous or gaseous substance that is released into the ecosystem of the County, except those specifically sanctioned to perform waste disposal or hazardous materials collection or landfill activities, which presents a hazard, potential hazard, public nuisance, health or safety risk, or a deleterious effect upon the environment shall begin immediate actions to contain, clean up and have disposed of in an approved manner the offending substance(s) and restore the site to its original condition upon direction of any emergency management, law enforcement or fire department representative having jurisdictional authority. Should any entity that owns or temporarily has control of a solid, liquid, vaporous or gaseous substance that is released into the ecosystem of the County fail to comply or to complete the requirements of this section in a time frame that is acceptable to the incident commander, emergency management, law enforcement or fire department representative having jurisdictional authority, or choose to designate that authority, such public official(s) may order the containment, cleanup, disposal and site restoration actions to be taken by public or private agencies.
The entity that owns or temporarily has control of a solid, liquid, vaporous or gaseous substance that is released into the ecosystem of the County per § 221-2 shall be responsible for all reasonable and necessary expenses incurred in the containment, cleanup and disposal of the released substance(s) and restoration of the site per § 221-2, including reimbursement to the agencies involved in containment, cleanup, disposal and site restoration for all reasonable and necessary expenses incurred in carrying out their duties under this chapter.
Agencies responding to a substance release incident shall be allowed to recoup expenses from the entity set forth in § 221-2 of this chapter for man hours, equipment hours, supplies and equipment losses incurred during substance release responses. Responding agencies shall develop charge-back criteria for substance release response operations and shall send a copy of that criteria to the Local Emergency Planning Committee (LEPC) for claims review determinations. A responding agency seeking reimbursement under this section shall submit a claim stating its expenses to the LEPC. The LEPC shall review such claims and determine the amount of reasonable and necessary expenses incurred. The LEPC shall provide an individual, firm or corporation that is pecuniarily liable for reimbursement under § 221-3 with a written notice of the amount of expenses it has determined to be reasonable and necessary that arise from a substance release under § 221-2 and are incurred by all responding agencies from which the LEPC has received claims. If an individual, firm or corporation receiving such a notice objects to the amount of claimed expenses, the individual, firm or corporation may petition the LEPC in writing within 10 days of that notice that the Committee review its determination. Such request must state specific objections to claimed expenses and offer concise rationale for the objections. The LEPC may modify its determination and shall notify the individual, firm or corporation of the result of its review. An individual, firm or corporation that is pecuniarily liable under § 221-3 shall make direct reimbursement to each responding agency.
Access to any site, public or private, where a prohibited release is indicated or suspected will be provided to emergency management, law enforcement or fire department representatives having jurisdictional authority for the purpose of evaluating the threat to the public and monitoring containment, cleanup and restoration activities.
Should any prohibited release occur that threatens the life, safety or health of the public at, near or around the site of the prohibited release and the situation be so critical that immediate action must be taken to protect life, safety or health, the incident commander or emergency management, senior law enforcement or fire department representative having jurisdictional authority on the scene may order an evacuation of the area or take other appropriate measures as necessary. Personnel involved in substance release responses shall be trained to the standards set forth in 29 CFR 1910.120, except that such personnel shall be allowed to perform necessary defensive actions upon the release of substances per § 221-2 to a point where such release is controlled, contained or otherwise not presenting an unreasonable risk to public safety or health and to a point where personal health and safety of the responders are not placed at unnecessary risk.
The Emergency Management Director, Sheriff's Deputies and the law enforcement and fire department officials of their respective local jurisdictions shall have the authority to issue citations or complaints under this chapter.
Any entity in violation of this chapter shall be liable to the County for any expenses incurred by the County or loss or damage sustained by the County or its agents by reason of such violation.