Montana Code 10-3-1209. Local emergency response authorities — powers and duties
10-3-1209. Local emergency response authorities — powers and duties. (1) Every local emergency response authority designated pursuant to this part shall respond to hazardous material incidents occurring within its jurisdiction according to the local emergency operations plan. The local emergency response authority shall also respond to a hazardous material incident that initially occurs within its jurisdiction but spreads to another jurisdiction. If a hazardous material incident occurs on a boundary between two jurisdictions or in an area where the jurisdiction is not readily ascertainable, the first local emergency response authority to arrive at the scene of the hazardous material incident shall perform the initial emergency response duties.
Terms Used In Montana Code 10-3-1209
- 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
- Incident commander: means the person who is designated in the local emergency operations plan. 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
- Writing: includes printing. See Montana Code 1-1-203
(2)Each local emergency response authority shall identify in writing its incident management system and identify the individual who will be the incident commander.
(3)The incident commander shall declare that the emergency situation associated with an incident has ended when the acute threat to public health and safety or to the environment has been sufficiently addressed.