§ 21-208. Response to hazardous materials incidents.

(a)

Definitions. For purposes of this section, the following terms shall have the meaning indicated in this subsection:

(1)

Extremely hazardous substances refers to any substance listed as an extremely hazardous substance in Appendix A and B of 40 CFR, Part 355 or as it may be amended from time to time.

(2)

Hazardous chemical has the meaning given such term by section 311 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA).

(3)

Hazardous material refers generally to any material that because of its quantity, concentration, physical or chemical characteristics, poses significant present or potential hazard to human health and safety or to the environment if released into the environment. "Hazardous materials" include but are not limited to, extremely hazardous substances, hazardous chemicals, and toxic chemicals.

(4)

Incident means a release or threatened release of a hazardous material, as described herein, that constitutes an emergency.

(5)

Incident commander means the predesignated local, state, or federal official responsible for the coordination of a hazardous materials response action as outlined in Hernando County's Response Plan for Releases of Extremely Hazardous Substances.

(6)

Release means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including the abandonment or discarding of barrels, containers and other closed receptacles) of any hazardous chemical, toxic chemical or extremely hazardous substances.

(7)

Threatened release means a condition creating a substantial probability of harm, when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce, or mitigate damages to persons, property or the environment.

(8)

Toxic chemical means a substance on the list described in section 313(c) of the Emergency Planning and Community Right-To-Know Act of 1986 (EPCRA).

(b)

Whenever it becomes evident or reasonable to assume that an emergency exists as a result of a release or threatened release which is or may become injurious to or endanger the public health, safety and welfare, or the environment, the emergency management officer, or his designee, in conjunction with the incident commander, shall have the following powers:

(1)

To monitor with or without monitoring devices the hazardous material release and any person who is or may become contaminated with the hazardous chemical, toxic chemical or extremely hazardous substance.

(2)

To take any actions to abate the hazardous material release and to contain the same.

(3)

To prohibit any person from discarding any property that monitoring or other evidence has revealed to be contaminated to a degree injurious to the health of any person or the environment.

(4)

To prohibit any person who is contaminated with a hazardous substance or who is wearing contaminated clothing from entering an uncontaminated area without undergoing prescribed decontamination procedures.

(5)

To prohibit the movement or transfer of any vehicles or equipment from a contaminated area to an uncontaminated area without undergoing prescribed decontamination procedures.

(6)

To cause any person to vacate an area which is or may become contaminated or where other great menace to public health, safety and welfare exists.

(7)

To cause any person who has become contaminated to undergo prescribed decontamination procedures.

(8)

To prohibit entry of unauthorized persons, vehicles or equipment into areas in which there is evidence of contamination or where other great menace to public health, safety and welfare exists.

(9)

To establish areas for the reception, storage and disposal of contaminated property and materials.

(10)

To prohibit any unauthorized person from recovering any article, property, material, or item that has been placed in any area designated for the reception, storage or disposal of contaminated material or property.

(Ord. No. 97-07, § 8, 5-6-97)