Montana Code 10-3-1208. Local emergency response authorities — designation
10-3-1208. Local emergency response authorities — designation. (1) The governing body of each incorporated city and county shall designate the local emergency response authority for incidents that occur within its jurisdiction.
Terms Used In Montana Code 10-3-1208
- Hazardous material: means a hazardous substance, a hazardous or deleterious substance as defined in 75-10-701, radioactive material, or a combination of a hazardous substance, a hazardous or deleterious substance, and radioactive material. See Montana Code 10-3-1203
- Hazardous material incident: means an event involving the release or threat of release involving hazardous material that may cause injury to persons, the environment, or property. See Montana Code 10-3-1203
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Local emergency operations plan: means the local and interjurisdictional disaster and emergency plan developed pursuant to 10-3-401. See Montana Code 10-3-1203
- Local emergency response authority: means the agency designated by the city or county to be responsible for the management of a hazardous material incident at the local level. See Montana Code 10-3-1203
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
(2)Local emergency response authority members must be trained in hazardous material incident response in compliance with 29 C.F.R. § 1910.120(q), as amended.
(3)An incorporated city may, with the mutual consent of the county, designate the county as its local emergency response authority and participate in the local emergency operations plan for incident response.
(4)If a hazardous material incident occurs in an area in which local emergency response authority has not been designated, the presiding officer of the board of county commissioners must be the local emergency response authority for the incident for the purposes of this part.