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Home My WebLink Aboutresolution.council.044-91 . e e RESOLUTION NO ~ Lt (Series of 1991) A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, TO DESIGNATE THE ASPEN FIRE PROTECTION DISTRICT THE EMERGENCY RESPONSE AUTHORITY FOR HAZARDOUS SUBST A..1\[CE INCIDENTS OCCURRIN"G WITHIN THE CORPORATE LTIvlITS OF THE CITY OF ASPEN, A...'ID APPROVING AN AGREEMENT WITH THE ASPE::\ VOLlJ1'..'TEER FIRE DEPARTMENT CONCERNING HAZARDOUS SUEST ANCE INCIDENT RESPONSES. WHEREAS, Secoon 29-22-102(3)(a) of the Colorado ReVIsed Statutes mandates that the govenung body of every town, CIty, and city and county to deSIgnate by ord.1nance or resolution an emergency response authority for hazardous substance inCIdents occumng Wlthin thelI corporate limits, and WHEREAS, the Aspen Police Department has requested the City Councll to deSIgnate the Aspen FlIe ProtectJ.on District the emergency response authority for hazardous substance inCIdents occurUJg within the corporate ltrmts of the CIty of Aspen, and WHEREAS, on September 3, 1991, the board of dJrectors of the Aspen FlIe Protection Distnct formally agreed by a duly passed moOOn to accept the dUlles and responslbililles of the deSIgnated emergency response authority for hazardous substance inCIdents Wlthln the corporate l1rruts of the City of Aspen, and WHEREAS, the Aspen Fire Protection District has agreed to enter into an agreement setting forth the duoes and responsibilioes relative to the designation and acceptance of an emergency response authonty for hazardous substance incidents, and WHEREAS, the CIty Council finds that It IS Ul the best Ulterests of the CIty of Aspen to deSIgnate the Aspen FlIe Protection Distnct as the emergency response authonty for hazardous substance Incidents Within the City lirmts and to enter Into the agreement attached hereto as Exlubit "A" and incorporated herein by th1s reference, . e - NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 1 That the CIty Council hereby designates the Aspen Fire Protecllon Dlstnct as the emergency response authority for hazardous substance Ulcidents within the CIty llmits, and 2 That the City Council hereby authorizes the Mayor to execute the Intergovernmen- tal agreement attached hereto as ExhIbit "A" to memonal1ze the duties and responsibililles of the Aspen Volunteer Fire Department relative to its deslgnaoon ali the emergency response authonty for hazardous substance incidents WlthUJ the corporate limits of the CIty of Aspen, and 3 That the CIty Manager IS directed to take such aCOons as are necessary and proper to carry out the intenOon of the parnes to Said agreement INTRODUCED, READ AND ADOPTED by the City Council of the CIty of Aspen on the.i.l!!...... day of ~ ~, 1991 k: A 7, /'?.. ,~ ohn S. Bennett, Mayor I, Kathryn S, Koch, duly appointed and acting CIty Clerk do ceI1:1fy that the foregoUlg IS a true and accurate copy of that resolution adopted by the CIty Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. ~2~rk emetg:J"LR6 2 e .- e AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASPEN AND THE ASPEN FIRE PROTECTION DISTRICT RELATIVE TO HAZARDOUS SUBSTANCE INCIDENTS '1) THIS AGREEMENT is made and entered into on the J~ day of / ~,/ , 1991, between the city of Aspen, a Colorado home rule mun~cipality, hereinafter referred to as the "city", and the Aspen Fire Protection District, a Colorado special district, hereinafter referred to as the "Fire District". WIT N ESE T H: WHEREAS, the protection of the public from the dangers of hazardous substance incidents occurring within the City of Aspen requires the creation of a response plan to such incidents; and WHEREAS, all surface transportation and fixed facilities containing hazardous materials are subject to potential hazardous substance incidents adversely affecting life and property within the c~ty; and WHEREAS, the city and the Fire District desire to provide standard operational procedures in dealing with hazardous sub- stance inc~dents. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements of the parties, and other good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Definitions. For purposes of this Agreement, the following terms shall have the following meanings: a. "Emergency Response Authority" shall be the Aspen Fire Protection District; b. "primary Response Agency" shall be the city of Aspen; c. "Hazardous Substance" means any substances, material, waste, or mixture designated as hazardous material, waste, or substance according to Part 172 of Section 49 of the Code of Federal Regulations, as amended; by Section 18-13- 112 (2) (B), C.R.S.; or, any substance designated as a hazardous substance pursuant to the Federal "Comprehensive Environmental Response, Compensation and Liability Act of 1980". e - e d. "Hazardous Substance Incident" means any emergency circumstance involving the sudden discharge of a hazardous substance which, in the judgment of an emergency response author- ity, threatens immediate and irreparable harm to the environment or the health and safety of any individual other than individuals exposed to the risks associated with hazardous substances in the normal course of their employment. "Hazardous substance inci- dent" includes those incidents of spilling, dumping or abandon- ment of a hazardous substance, whether or not such spilling, dumping, or abandonment is found to threaten immediate and irreparable harm, but such term does not include any discharge of a hazardous substance authorized pursuant to any federal, state or local law or regulation; e. "Offensive Posture" means that efforts will be made to wash down, stabilize, extinguish, clean up, contain, stop the flow of and to deal with the product involved in the hazard- ous substance inc~denti f. "Defensive Posture" means that efforts will be made to keep people away, secure the area or notify a qualified response agency, but not to deal with the product involved in the hazardous substance incident; g. "Initial Response Team" means that the Fire District's officer in charge shall initially respond from the Fire District and the City'S officer in charge shall initially respond from the City; h. "Incident Commanders" shall mean the initial response officers from the city and from the Fire District. 2. Procedures. If a hazardous substance incident occurs within the City, the following procedures shall apply: a. The initial response team shall establish a command post located at a safe distance from the hazardous sub- stance ~ncident, and the incident commanders in charge from the city and the Fire District shall remain at the post as long as necessary throughout the incident. b. The incident commanders shall decide whether to activate the City's disaster plan, and, if activated, shall carry out the plan. c. The incident commanders shall decide whether to take an offensive posture or defensive posture in dealing with the incident. An offensive posture may be taken when both incident commanders feel that the incident can be handled in a 2 - a e safe and effective manner. A defensive posture shall be taken when either one of the incident commanders feels that the inci- dent cannot be handled in a safe and effective manner. d. The incident commandere shall take such actions as are feasible to secure the incident site. In so doing, the incident commanders, through their respective departments, shall take such actions as are necessary to ensure, to the extent practical, that the site is free of hazardous materials, and, if a site is contaminated, post a notice and prevent unauthorized persons from entering the contaminated area. If the site is contaminated, the incident commanders, through their respective agencies, shall initiate cleanup and removal of the contaminated materials, to the extent practical. e. As soon as the hazardous substance incident is stabilized and the incident conmanders shall determine the appropriate cleanup procedure after contacting governmental agencies as are appropriate, including, without limitation, the Colorado Department of Health, Pitkin County, Aspen/Pitkin County Environmental Health Department, Colorado state Patrol, and the Colorado Department of Public Safety. f. After site cleanup is completed, the Colorado Department of Health and the Aspen/Pitkin County Environmental Health Department shall be requested to certify in writing that the site is safe for use of the general public. g. When appropriate, the incident commanders shall verify that the site is safe for public use and shall open the site for use by the public. h. Except for Paragraph 3(c) above, if the incident commanders cannot agree on any of the foregoing matters, the opinion of the officer in charge of the Fire District shall control. 3. Reimbursement of Costs. All costs incurred by the city or by the Fire District in removing, containing, or otherwise mitigating the effects of a hazardous substance incldent, shall be borne separately by each entity, and neither entity shall have a claim for such costs against the other. 4. Effective Date. This Agreement shall become effective upon the date of the last party to sign. 5. Termination. This agreement may be terminated by either party upon thirty (30) days written notice to the other party. 3 e . . 6. Modification. This agreement shall not be waived, altered, modified, supplemented or amended in any manner whatso- ever except by written instrument signed by the parties hereto. IN WITNESS WHEREOF, the parties have entered into this Agreement on the date and year adjacent to their respective signature. CITY OF ASPEN Date: I;//c}/ r-; , 5. 15.0 ~ . Bennett, Mayor By John ATTEST: >i~ ASPEN FIRE PROTECTION DISTRICT Date: By President ATTEST: Secretary jW1l4.1 4