 |
 |
|
|
|
|
| search a lawyer |
|
|
| ACTS, STATUTES |
|
|
|
|
|
|
|
|
|
|
|
|
| Home > Statutes > Usa Arizona |
|
USA Statutes : arizona
Title : Military Affairs and Emergency Management
Chapter : EMERGENCY MANAGEMENT
|
|
26-301 Definitions
In this chapter, unless the context otherwise requires:
1. "Commercial nuclear generating station" means an electric power generating
facility which is owned by a public service corporation, a municipal corporation or a
consortium of public service corporations or municipal corporations and which produces
electricity by means of a nuclear reactor.
2. "Council" means the state emergency council.
3. "Director" means the director of the division.
4. "Division" means the division of emergency management within the department of
emergency and military affairs.
5. "Emergency functions" includes warning and communications services, relocation
of persons from stricken areas, radiological defense, temporary restoration of utilities,
plant protection, transportation, welfare, public works and engineering, search or
rescue, health and medical services, law enforcement, fire fighting, mass care, resource
support, urban search or rescue, hazardous materials, food and energy information and
planning and other activities necessary or incidental thereto.
6. "Emergency management" means the preparedness, response, recovery and mitigation
activities necessary to respond to and recover from disasters, emergencies or
contingencies.
7. "Emergency worker" means any person who is registered, whether temporary or
permanent, paid or volunteer, with a local or state emergency management organization and
certified by the local or state emergency management organization for the purpose of
engaging in authorized emergency management activities or performing emergency functions,
or who is an officer, agent or employee of this state or a political subdivision of this
state and who is called on to perform or support emergency management activities or
perform emergency functions.
8. "Hazardous materials" means:
(a) Any hazardous material designated pursuant to the hazardous materials
transportation act of 1974 (P.L. 93-633; 88 Stat. 2156; 49 United States Code section
1801).
(b) Any element, compound, mixture, solution or substance designated pursuant to
the comprehensive environmental response, compensation, and liability act of 1980 (P.L.
96-510; 94 Stat. 2767; 42 United States Code section 9602).
(c) Any substance designated in the emergency planning and community right-to-know
act of 1986 (P.L. 99-499; 100 Stat. 1613; 42 United States Code section 11002).
(d) Any substance designated in the water pollution control act (P.L. 92-500; 86
Stat. 816; 33 United States Code sections 1317(a) and 1321(b)(2)(A)).
(e) Any hazardous waste having the characteristics identified under or listed
pursuant to section 49-922.
(f) Any imminently hazardous chemical substance or mixture with respect to which
action has been taken pursuant to the toxic substances control act (P.L. 94-469; 90 Stat.
2003; 15 United States Code section 2606).
(g) Any material or substance determined to be radioactive pursuant to the atomic
energy act of 1954 (68 Stat. 919; 42 United States Code section 2011).
(h) Any substance designated as a hazardous substance pursuant to section 49-201.
(i) Any highly hazardous chemical or regulated substance as listed in the clean air
act of 1963 (P.L. 88-206; 42 United States Code sections 7401 through 7671).
9. "Hazardous materials incident" means the uncontrolled, unpermitted release or
potential release of hazardous materials that may present an imminent and substantial
danger to the public health or welfare or to the environment.
10. "Local emergency" means the existence of conditions of disaster or of extreme
peril to the safety of persons or property within the territorial limits of a county,
city or town, which conditions are or are likely to be beyond the control of the
services, personnel, equipment and facilities of such political subdivision as determined
by its governing body and which require the combined efforts of other political
subdivisions.
11. "Mitigation" means measures taken to reduce the need to respond to a disaster
and to reduce the cost of disaster response and recovery.
12. "Preparedness" means actions taken to develop the response capabilities needed
for an emergency.
13. "Recovery" means short-term activities necessary to return vital systems and
facilities to minimum operating standards and long-term activities required to return
life to normal or improved levels.
14. "Response" means activities that are designed to provide emergency assistance,
limit the primary effects, reduce the probability of secondary damage and speed recovery
operations.
15. "State of emergency" means the duly proclaimed existence of conditions of
disaster or of extreme peril to the safety of persons or property within the state caused
by air pollution, fire, flood or floodwater, storm, epidemic, riot, earthquake or other
causes, except those resulting in a state of war emergency, which are or are likely to be
beyond the control of the services, personnel, equipment and facilities of any single
county, city or town, and which require the combined efforts of the state and the
political subdivision.
16. "State of war emergency" means the condition which exists immediately whenever
this nation is attacked or upon receipt by this state of a warning from the federal
government indicating that such an attack is imminent.
26-302 General powers of governor
The governor may delegate any of the powers vested in the office of the governor
under this chapter to the adjutant general who may further delegate the powers to the
director of emergency management except the powers enumerated in section 26-303,
subsections A through G.
26-303 Emergency powers of governor; termination; authorization for adjutant general
A. During a state of war emergency, the governor may:
1. Suspend the provisions of any statute prescribing the procedure for conduct of
state business, or the orders or rules of any state agency, if the governor determines
and declares that strict compliance with the provisions of any such statute, order or
rule would in any way prevent, hinder or delay mitigation of the effects of the
emergency.
2. Commandeer and utilize any property or personnel deemed necessary in carrying
out the responsibilities vested in the office of the governor by this chapter as chief
executive of the state and thereafter the state shall pay reasonable compensation
therefor as follows:
(a) If property is taken for temporary use, the governor, within ten days after the
taking, shall determine the amount of compensation to be paid therefor. If the property
is returned in a damaged condition, the governor shall, within ten days after its return,
determine the amount of compensation to be paid for such damage.
(b) If the governor deems it necessary for the state to take title to property
under this section, the governor shall then cause the owner of the property to be
notified thereof in writing by registered mail, postage prepaid, and then cause a copy of
the notice to be filed with the secretary of state.
(c) If the owner refuses to accept the amount of compensation fixed by the governor
for the property referred to in subdivisions (a) and (b) of this paragraph, the amount of
compensation shall be determined by appropriate proceedings in the superior court in the
county where the property was originally taken.
B. During a state of war emergency, the governor shall have complete authority over
all agencies of the state government and shall exercise all police power vested in this
state by the constitution and laws of this state in order to effectuate the purposes of
this chapter.
C. The powers granted the governor by this chapter with respect to a state of war
emergency shall terminate if the legislature is not in session and the governor has not,
within twenty-four hours after the beginning of such state of war emergency, issued a
call for an immediate special session of the legislature for the purpose of legislating
on subjects relating to such state of war emergency.
D. The governor may proclaim a state of emergency which shall take effect
immediately in an area affected or likely to be affected if the governor finds that
circumstances described in section 26-301, paragraph 15 exist.
E. During a state of emergency:
1. The governor shall have complete authority over all agencies of the state
government and the right to exercise, within the area designated, all police power vested
in the state by the constitution and laws of this state in order to effectuate the
purposes of this chapter.
2. The governor may direct all agencies of the state government to utilize and
employ state personnel, equipment and facilities for the performance of any and all
activities designed to prevent or alleviate actual and threatened damage due to the
emergency. The governor may direct such agencies to provide supplemental services and
equipment to political subdivisions to restore any services in order to provide for the
health and safety of the citizens of the affected area.
F. The powers granted the governor by this chapter with respect to a state of
emergency shall terminate when the state of emergency has been terminated by proclamation
of the governor or by concurrent resolution of the legislature declaring it at an end.
G. No provision of this chapter may limit, modify or abridge the powers vested in
the governor under the constitution or statutes of this state.
H. If authorized by the governor, the adjutant general has the powers prescribed in
this subsection. If, in the judgment of the adjutant general, circumstances described in
section 26-301, paragraph 15 exist, the adjutant general may:
1. Exercise those powers pursuant to statute and gubernatorial authorization
following the proclamation of a state of emergency under subsection D of this section.
2. Incur obligations of twenty thousand dollars or less for each emergency or
contingency payable pursuant to section 35-192 as though a state of emergency had been
proclaimed under subsection D of this section.
I. The powers exercised by the adjutant general pursuant to subsection H of this
section expire seventy-two hours after the adjutant general makes a determination under
subsection H of this section. 26-304 State emergency council; membership; powers and duties; definition
A. There is established a state emergency council consisting of the following
persons or their designee:
1. Governor.
2. Secretary of state.
3. Attorney general.
4. Adjutant general.
5. Director of the division of emergency management.
6. Director of the department of transportation.
7. Director of the department of health services.
8. Director of the department of environmental quality.
9. Director of the department of public safety.
10. Director of the department of agriculture.
11. Director of the department of administration.
12. Director of the department of water resources.
13. President of the senate as an advisory member.
14. Speaker of the house of representatives as an advisory member.
B. The powers and duties of the council include:
1. Making recommendations for orders, rules, policies and procedures to the
governor.
2. Recommending to the governor the assignment of any responsibility, service or
activity to a state agency relative to emergencies or planning for emergencies.
3. Issuing, in the event of inaccessibility of the governor, a state of emergency
proclamation under the same conditions by which the governor could issue such a
proclamation, if the action is taken at a meeting of the council called by the director
and if not less than three council members, one of whom is an elected official, approve
the action.
C. The council shall monitor each emergency declared by the governor and the
activities and response of the division to the emergency. The council shall recommend to
the governor or the legislature based on the reports submitted to it by the auditor that
the emergency conditions have stabilized and that the emergency is substantially
contained.
D. For the purposes of this section, "advisory member" means a member who gives
advice to the other members of the state emergency council at meetings of the council but
who is not eligible to vote, is not a member for purposes of determining whether a quorum
is present and is not eligible to receive any compensation or reimbursement of expenses
by the council.
26-305.01 Nuclear emergency plan; duties of division and director
A. The division is designated the lead agency and has the overall and primary
responsibility for development of a state plan for off-site response to an emergency
caused by an accident at a commercial nuclear generating station.
B. The director shall develop the plan by appointing a coordinator and response
group and working in consultation with designated representatives from the following:
1. Radiation regulatory agency.
2. ARIZONA department of agriculture.
3. Department of health services.
4. Department of public safety.
5. Department of transportation.
6. Division of military affairs within the department of emergency and military
affairs.
7. Department of commerce.
8. ARIZONA corporation commission.
9. Department of environmental quality.
10. Any other agencies or offices deemed necessary by the division of emergency
management.
26-305.02 Hazardous materials emergency management program; emergency planning and community right-to-know; duties of the division and director
A. The division is designated the lead agency for developing and implementing a
state hazardous materials emergency management program.
B. The director shall appoint a coordinator to work in consultation with designated
representatives from the following agencies and departments in the development and
implementation of the hazardous materials emergency management program:
1. The department of environmental quality.
2. The department of health services.
3. The department of public safety.
4. The department of transportation.
5. The ARIZONA department of agriculture.
6. The corporation commission.
7. The industrial commission.
8. The office of state fire marshal.
9. The office of state mine inspector.
10. The radiation regulatory agency.
11. Other agencies or offices deemed necessary by the director.
C. Nothing in this article shall be construed to change or alter the existing
regulatory authority or provisions of law relating to the agencies and departments listed
in subsection B of this section.
D. The division is designated as the lead agency for implementing title III of the
superfund amendments and reauthorization act of 1986 (P.L. 99-499). The director shall
plan, program and budget the ARIZONA emergency response commission activities and
administer any monies received under section 26-343, subsection G.
26-305 Division of emergency management; duties; director; term; qualifications; compensation; emergency management training fund
A. There is established in the department of emergency and military affairs the
division of emergency management, which is administered by the department under the
authority of the adjutant general, subject to powers vested in the governor as provided
by law.
B. The division shall prepare for and coordinate those emergency management
activities that may be required to reduce the impact of disaster on persons or property.
C. Through the powers vested in the governor, the division shall coordinate the
cooperative effort of all governmental agencies including the federal government, this
state and its political subdivisions to alleviate suffering and loss resulting from
disaster.
D. The adjutant general shall appoint the director who serves at the pleasure of
the adjutant general. The adjutant general shall select the director on the basis of
demonstrated ability in governmental functions or business administration and general
knowledge of contingency planning and disaster preparedness.
E. The director is eligible to receive compensation pursuant to section 38-611.
F. Employees other than the director are employees as defined by section 41-762.
G. The emergency management training fund is established consisting of monies
received from fees collected by the division for coordinating symposiums, training
conferences and seminars relating to its powers and duties. The director of the division
shall deposit all fees collected for these activities in the fund, which shall be used
only for expenses of the activities. All monies collected from each event that are in
excess of the expenses of the event shall revert to the state general fund by the end of
the fiscal year. 26-306.01 Assessment on commercial nuclear generating stations
A. The legislature shall levy an assessment pursuant to subsection D of this
section to provide for the development and maintenance of a state plan for off-site
response to an emergency caused by an accident at a commercial nuclear generating station
and to provide for the equipment, personnel, facilities, training and testing necessary
to comply with criteria for preparation and evaluation of radiological emergency response
plans and preparedness in support of commercial nuclear generating stations prescribed by
the United States nuclear regulatory commission and the federal emergency management
agency.
B. Before October 31 in each even numbered year, the director shall recommend to
the legislature an amount necessary to develop, maintain and support the state plan.
C. The legislature shall appropriate for each of the following two fiscal years the
amount necessary to develop, maintain and support the state plan, after hearing the
recommendation under subsection B of this section. The monies shall be appropriated to
the nuclear emergency management fund established by section 26-306.02.
D. Every two years an assessment for each of the two years of the biennium is
levied against each consortium of public service corporations and municipal corporations
engaged in constructing or operating a commercial nuclear generating station for the
purpose of developing, maintaining and supporting the state plan. The assessment shall
be in an amount equal to the appropriations provided by subsection C of this section,
plus interest at a rate of ten per cent per annum, and shall be contained in the same
appropriation bill provided by subsection C of this section. Interest shall be charged
on any amounts that are appropriated pursuant to subsection C of this section, and that
have not been repaid, from the date the appropriation becomes available for expenditure
until payment is received. The assessment for each year of the biennium shall be
collected by the department of revenue. Monies collected from the levy shall be
deposited in the state general fund.
E. If a consortium fails or refuses to pay its assessment within the year for which
the assessment is made, the legislature may direct the director to notify the United
States nuclear regulatory commission, or its successor in licensing commercial nuclear
generating stations, of this state's incapacity to support an off-site emergency response
plan for the commercial nuclear generating station.
26-306.02 Nuclear emergency management fund; exemption; audit
A. A nuclear emergency management fund is established consisting of monies
appropriated under section 26-306.01, subsection C. The division shall use the fund for
administering and enforcing the state plan for off-site response to an emergency caused
by an accident at a commercial nuclear generating station.
B. Monies in the fund are appropriated for use by the division as provided in this
section. Monies deposited in the fund are exempt from section 35-190 relating to lapsing
of appropriations, except that any monies remaining unexpended and unencumbered at the
end of each fiscal year from the distributions made from the fund to the division of
emergency management of the department of emergency and military affairs to the radiation
regulatory agency and to departments and agencies of Maricopa county revert to the
nuclear emergency management fund and shall be used to reduce the assessment and
appropriation to the fund for the following fiscal years. The reduction in the
appropriation for each applicable agency shall be equal to the amount of monies reverted
to the fund by each agency.
26-306 Powers and duties of the director of emergency management
A. The director shall, subject to the approval of the adjutant general:
1. Be the administrative head of the division.
2. Be the state director for emergency management.
3. Make rules necessary for the operation of the division.
4. Develop and test plans for meeting any condition constituting a state of
emergency or state of war emergency, except those emergency plans specifically assigned
by the governor to other state agencies. Such plans shall provide for the effective
mobilization and management of personnel and equipment of the state.
5. During a state of war emergency, coordinate the emergency activities of all
state agencies except the national guard.
6. During a state of emergency or a local emergency, coordinate the emergency
activities of all state agencies and the national guard.
7. Coordinate the use of state personnel, equipment, services and facilities,
including communication services, if requested by political subdivisions in support of
emergency management activities.
8. Coordinate the use of personnel, equipment, services and facilities, including
communication services, of one or more political subdivisions in support of any other
political subdivision in meeting emergency needs, including search or rescue operations,
on the request of the using political subdivision.
9. Develop, test and maintain a plan pursuant to section 26-305.01 for response by
agencies of this state and its political subdivisions to an accident at a commercial
nuclear generating station.
10. Every two years submit a recommendation to the legislature in connection with
the assessment prescribed by section 26-306.01 with supporting documentation and
information.
11. Collaborate with the state forester in presentations to legislative committees
on issues associated with forest management, wildfire prevention and suppression and
wildfire emergency response and management as provided by section 37-622, subsection B.
12. Develop, implement and maintain a state hazardous materials emergency response
and recovery plan as part of the hazardous materials emergency management program
pursuant to section 26-305.02.
13. Coordinate the development, implementation and maintenance of standardized
curricula for hazardous materials training and education.
B. The director may, subject to the approval of the adjutant general:
1. Propose, develop, negotiate and consummate contractual arrangements with the
federal government, state agencies and political subdivisions for technical,
administrative and financial support from the federal, state and local government in
connection with the emergency management activities of the state.
2. Represent the state at conferences in the development and promotion of the
emergency management capability of the state.
3. Establish a disaster prevention council to plan for disaster prevention. The
council shall consist of the members of the state emergency council and other members as
determined by the director. The disaster prevention council shall coordinate the
disaster prevention expertise of representatives of federal, state and local business and
industry and promote partnerships to substantially reduce property loss from natural and
technological disasters.
26-307 Power of counties, cities, towns and state agencies designated by the governor to make orders, rules and regulations; procedure
A. State agencies when designated by the governor, and counties, cities and towns
may make, amend and rescind orders, rules and regulations necessary for emergency
functions but such shall not be inconsistent with orders, rules and regulations
promulgated by the governor.
B. Any order, rule or regulation issued by the governing body of a county or other
political subdivision of the state is effective when a copy is filed in the office of the
clerk of the political subdivision. Existing laws, ordinances, orders, rules and
regulations in conflict with this chapter or orders, rules or regulations issued under
authority of this chapter are suspended during the time and to the extent that they
conflict.
C. In a state of war emergency, counties, cities and towns may waive procedures and
formalities otherwise required by law pertaining to the performance of public work,
entering into contracts, incurring obligations, employing permanent and temporary
workers, utilizing volunteer workers, renting equipment, purchasing and distributing
supplies, materials and facilities and appropriating and expending public funds when such
governmental entity determines and declares that strict compliance with such procedures
and formalities may prevent, hinder or delay mitigation of the effects of the state of
war emergency.
D. In the absence of specific authority in state emergency plans and programs, the
governing body of each county, city and town of the state shall take emergency measures
as deemed necessary to carry out the provisions of this chapter.
26-308 Powers of local government; local emergency management establishment; organization
A. Each county and incorporated city and town of the state may appropriate and
expend funds, make contracts and obtain and distribute equipment, materials and supplies
for emergency management purposes.
B. Each county and incorporated city and town of the state shall establish and
provide for emergency management within its jurisdiction in accordance with state
emergency plans and programs. Each unincorporated community may establish such emergency
management programs.
C. The chief executive officer or governing body of each county, incorporated city
or incorporated town may appoint a director who shall be responsible for the
organization, administration and operation of local emergency management programs,
subject to the direction and control of such executive officer or governing body.
D. State emergency plans shall be in effect in each such political subdivision of
the state. The governing body of each such political subdivision shall take such action
as is necessary to carry out the provisions thereof, including the development of
additional emergency plans for the political subdivision in support of the state
emergency plans.
E. Each county's emergency management organization shall:
1. Maintain a list of public and private organizations within the county which
have personnel trained and available for assisting in meeting emergency needs.
2. Maintain an inventory of facilities, equipment, supplies and other resources
within the county available for use in meeting emergency needs.
3. Provide a summary of the information required in paragraphs 1 and 2 to the state
director of emergency management.
26-309 Mutual aid; responsibilities of agencies and officials; interstate and federal agreements
A. The purposes of the provisions of this section are to facilitate the rendering
of aid to persons or property in areas within the state stricken by an emergency and to
make unnecessary the execution of written agreements in times of emergency. Any
emergency plans duly adopted and approved satisfy the requirement for mutual aid
agreements.
B. During an emergency, if the need arises for outside aid in any county, city or
town, such aid may be rendered in accordance with approved emergency plans.
C. The governor may, on behalf of this state, enter into reciprocal aid agreements
or compacts, mutual aid plans, or other interstate arrangements for the protection of
life and property with other states and the federal government. Such mutual aid
arrangements may include the furnishing or exchange on terms and conditions deemed
necessary of supplies, equipment, facilities, personnel and services.
26-310 Use of professional skills
During a state of war emergency or a state of emergency, any person holding any
license, certificate or other permit issued by any state evidencing the meeting of the
qualifications of such state for professional, mechanical or other skills may render aid
involving such skill to meet the emergency as fully as if such license, certificate or
other permit had been issued in this state, if any substantially similar license,
certificate or other permit is issued in this state to applicants possessing the same
professional, mechanical or other skills.
26-312 Authority of executive officers and governing bodies to accept materials or funds
The governor on behalf of the state or the governing body of a political subdivision
of this state may accept for purposes of emergency services an offer of the federal
government or an agency or officer thereof, or an offer of any person, firm or
corporation of services, equipment, supplies, material or funds, whether by gift, grant
or loan and may designate an officer of the state or subdivision thereof to receive them
on behalf of the state or subdivisions subject to terms, if any, of the offeror.
26-313 Reimbursement to state agencies; use of state agency resources
A. Reimbursement to any state agency for state funds expended in the performance of
any and all activities as set forth in this chapter shall be made in accordance with
section 35-192.
B. Any funds received by state agencies as reimbursement for services or supplies
furnished under the authority of this chapter shall be deposited to the credit of the
account of the agency which rendered such services or furnished such supplies.
26-314 Immunity of state, political subdivisions and officers, agents and emergency workers; limitation; rules
A. This state and its departments, agencies, boards, commissions and all other
political subdivisions are not liable for any claim based upon the exercise or
performance, or the failure to exercise or perform, a discretionary function or duty by
any emergency worker, excepting wilful misconduct, gross negligence or bad faith of any
such emergency worker, in engaging in emergency management activities or performing
emergency functions pursuant to this chapter or title 36, chapter 6, article 9.
B. The immunities from liability, exemptions from laws, ordinances and rules, all
pensions, relief, disability workers' compensation and other benefits that apply to the
activity of officers, agents, employees or emergency workers of this state or of any
political subdivision when performing their respective functions within this state or the
territorial limits of their respective political subdivisions apply to them to the same
degree and extent while engaged in the performance of any of their functions and duties
extraterritorially under this chapter or title 36, chapter 6, article 9, excepting wilful
misconduct, gross negligence or bad faith.
C. Emergency workers engaging in emergency management activities or emergency
functions under this chapter or title 36, chapter 6, article 9, in carrying out,
complying with or attempting to comply with any order or rule issued under this chapter,
title 36, chapter 6, article 9 or any local ordinance, or performing any of their
authorized functions or duties or training for the performance of their authorized
functions or duties, shall have the same degree of responsibility for their actions, and
enjoy the same immunities and disability workers' compensation benefits as officers,
agents and employees of the state and its political subdivisions performing similar work.
This state and its departments, agencies, boards and commissions and all other political
subdivisions that supervise or control emergency workers engaging in emergency management
activities or emergency functions under this chapter or title 36, chapter 6, article 9
are responsible for providing for liability coverage, including legal defense, of an
emergency worker if necessary. Coverage is provided if the emergency worker is acting
within the course and scope of assigned duties and is engaged in an authorized activity,
except for actions of wilful misconduct, gross negligence or bad faith.
D. No other state or its officers, agents, emergency workers or employees rendering
aid in this state pursuant to any interstate mutual aid arrangement, agreement or compact
are liable on account of any act or omission in good faith on the part of such state or
its officers, agents, emergency workers or employees while so engaged, or on account of
the maintenance or use of any equipment or supplies in connection with an emergency.
E. The division shall adopt rules prescribing the procedures for registration of
emergency workers. 26-315 Political activities prohibited
No public organization established under the authority of this chapter shall
participate in any form of political activity nor shall it be employed directly or
indirectly for political purposes.
26-316 Enforcement of orders, rules and regulations
The law enforcing authorities of the state and political subdivisions shall enforce
orders, rules and regulations issued pursuant to this chapter.
26-317 Violation; classification
Any person who violates any provision of this chapter or who knowingly fails or
refuses to obey any lawful order or regulation issued as provided in this chapter shall
be guilty of a class 1 misdemeanor. This provision does not apply to the refusal of any
private organization or member thereof to participate in a local emergency or state of
emergency as defined by this chapter.
26-318 Exemption from payment of registration and weight fees for vehicles owned by a disaster assistance organization; procedure; form
A. Any nonprofit organization organized in this state and recognized as nonprofit
and tax exempt by the United States internal revenue service and owning vehicles operated
exclusively for disaster or search and rescue assistance may apply to the division of
emergency management, on a form prescribed by the director, for exemption from the
registration and weight fees for any motor vehicle, trailer or semitrailer owned by the
organization.
B. The form shall include the following:
1. The vehicle make and model.
2. The vehicle identification number.
3. The name of the presiding officer of the disaster assistance organization.
4. A statement that the nonprofit organization is recognized as nonprofit and tax
exempt by the United States internal revenue service.
5. A statement that the vehicle is used exclusively for disaster or search and
rescue assistance.
6. The signature of the presiding officer.
C. The director shall approve the forms of those vehicles meeting the requirements
of subsection B and shall return the approved forms to the nonprofit organization.
26-341 Definitions
In this article, unless the context otherwise requires:
1. "Commission" means the ARIZONA emergency response commission.
2. "Committee" means a local emergency planning committee.
3. "Extremely hazardous substances", "facility", "hazardous chemical", "person",
"release" and "toxic chemical" have the meaning set forth in section 329 of title III.
4. "Hazardous substance" has the meaning set forth in the comprehensive
environmental response, compensation, and liability act of 1980 (P.L. 96-510; 94 Stat.
2767), as amended by SARA.
5. "SARA" means the superfund amendments and reauthorization act of 1986 (P.L.
99-499).
6. "Title III" means title III of SARA.
26-342 Relationship to other law; declaration of application
This article does not:
1. Preempt any local charter, ordinance or code.
2. Require any state agency or local government to adopt or enforce any statute or
rule.
3. Affect or modify the obligations or liabilities of any person under federal law.
26-343 ARIZONA emergency response commission; advisory committee; powers and duties
A. The ARIZONA emergency response commission is established consisting of the
director of the division, who shall serve as chairman, and the directors, or their
respective designees, of the department of environmental quality, the department of
health services, the department of public safety and the department of transportation.
B. An advisory committee to the commission is established consisting of:
1. The state fire marshal.
2. The chief administrative officer or the officer's designee, of the following
agencies:
(a) ARIZONA department of agriculture.
(b) Corporation commission.
(c) Industrial commission.
(d) Radiation regulatory agency.
(e) State mine inspector.
3. Two representatives nominated by the ARIZONA fire chiefs association
incorporated or its successor agency. One nominee shall represent a fire department
serving a population of two hundred fifty thousand or more persons. One nominee shall
represent a fire department or fire district serving a population of less than two
hundred fifty thousand persons. The term of appointment is for two years.
C. The governor shall appoint four private sector representatives to the advisory
committee to the commission after reviewing the recommendations provided by the
commission. The governor shall appoint, or reappoint, two of the members each year from
the private sector, to serve terms of two years. These members, to the extent
practicable, shall have technical expertise in the emergency response field.
D. The members of the commission shall serve without compensation but are eligible
for reimbursement for travel and other expenses as provided by law. The division and the
department of environmental quality shall provide such professional, technical or
administrative staff support as necessary to implement and perform the commission duties.
E. The commission shall meet as often as necessary and may organize itself into
such support committees as necessary to implement this article and title III in this
state. The full commission shall meet at least annually. The commission may adopt
internal operating rules.
F. The commission shall administer this article and the rules adopted under this
article. The commission shall administer title III in this state and may conduct
whatever activities are necessary to implement this article and title III in this
state. The commission is granted all the authority and responsibilities of a state
emergency response commission for purposes of title III.
G. The commission may procure by contract the temporary or intermittent services of
experts or consultants if such services are to be performed on a part-time or
fee-for-services basis and do not involve the performance of administrative duties. The
commission may also enter into agreements with the federal government, Indian tribes,
other states and political subdivisions of this state for the purposes of this
article. The commission may also accept on behalf of this state any reimbursement, grant
or gift that may become available for purposes of this chapter. The commission shall
deposit, pursuant to sections 35-146 and 35-147, any such monies in the emergency
response fund.
H. The commission shall establish a program of financial grants to local
governments funded through the division by appropriations to the emergency response
fund. The grants shall be dedicated to and used for local compliance with this
article. The commission shall include procedures for applying for the grants and
qualifying criteria for awarding the grants.
I. The commission shall adopt and may modify, suspend or repeal rules pursuant to
title 41, chapter 6. The rules may not be more stringent than title III and the federal
regulations adopted under title III, except as specifically authorized in this
article. These rules shall implement this chapter and title III in this state. The
authority to adopt rules includes establishing:
1. Procedures for handling public information requests.
2. Procedures and implementing programs for chemical emergency planning and
preparedness.
3. Community right-to-know program reporting requirements.
4. Release reporting requirements. 26-344 Emergency planning districts; local emergency planning committees
A. The commission shall designate emergency planning districts to facilitate
preparing and implementing district emergency plans. If appropriate, the commission may
designate cities, towns, counties or multi-jurisdictional planning organizations as such
districts. The commission may also enter into intergovernmental agreements with other
states or political subdivisions of other states to establish multi-jurisdictional
planning districts. The commission may revise its designation of emergency planning
districts as necessary.
B. The commission, after designating emergency planning districts, shall appoint
members of a local emergency planning committee for each emergency planning
district. The governmental entity for the city, town, county or multi-jurisdictional
planning organization encompassing the district shall provide administrative support for
the local emergency planning committee and shall nominate persons for initial appointment
to the committee. On establishment of the committee, the committee chairman on a
majority vote of the committee may nominate subsequent committee members. Each committee
shall include, at a minimum, representatives from each of the following groups or
organizations:
1. Elected state and local officials.
2. Law enforcement, civil defense, fire fighting, first aid, health, local
environmental, hospital and transportation personnel.
3. Broadcast and print media.
4. Community groups.
5. Owners and operators of facilities subject to the requirements of this article.
C. The committee shall appoint a chairman and shall adopt procedural rules by which
the committee shall function including the requirements set forth in section 301 of title
III.
D. The commission, as it deems appropriate, may modify its designations of
emergency planning districts or its appointments to the emergency planning
committees. Members of the public may petition the commission to modify the membership
of a local emergency planning committee.
26-345 Comprehensive emergency response plans
A. The local emergency planning committees shall comply with section 303 of title
III.
B. Based on information from the commission and state and local emergency and
disaster agencies and departments, as well as information obtained from facilities
subject to this article and title III, each local committee shall prepare and annually
review an emergency response plan for its emergency planning district in order to address
emergencies due to releases from facilities and transportation vehicles in its emergency
planning district. After completing an emergency plan for an emergency planning
district, the local emergency planning committee shall provide a copy of the plan to the
district's governmental entity for incorporation into the entity's emergency operations
plan and submit a copy of the plan to the commission. The commission shall review the
plan and make recommendations to the committee on revisions that may be necessary to
ensure that it meets the requirements of this article or any rules adopted under this
article. The commission shall further ensure that the plan is coordinated with the
emergency response plans of adjoining emergency planning districts as applicable. To
prevent a delay in implementing any emergency plan, the commission shall endeavor to
review each plan within a sixty day period and provide comments or recommendations for
modifications within that period. The commission shall establish a period of time, not
normally to exceed sixty days, for the committee to resubmit the emergency plan. The
commission, at its own initiative, may assign the highest priority to those plans which
include the geographic areas which have the greatest number of facilities that pose the
greatest risk of harm to the public health, safety or welfare or the environment.
C. Each local emergency planning committee shall conduct at least a biennial
exercise of its emergency plan and shall provide at least thirty days' notice of these
exercises to the commission. The region IX United States environmental protection agency
office of primary responsibility for title III, or its successor, or the commission may
participate in exercise development and observe the exercise and may provide comments to
the committee regarding the exercise.
D. Each local emergency planning committee shall evaluate the need for resources
necessary to develop, implement and exercise the emergency plan in its district and shall
make recommendations with respect to the need for additional resources that may be
required and the means for providing such additional resources.
E. Each emergency plan shall include provisions listed in section 303C of title III
and, in addition, shall include:
1. Identifying the heads of the emergency response organizations for designated
areas or local governments in the district who shall make determinations necessary to
implement the plan.
2. A description of specialized equipment, facilities, personnel and emergency
response organizations available in the district to respond to releases subject to this
section.
3. Mutual aid agreements with other districts, and the allocation of emergency
response resources for responding to releases subject to this section, if applicable.
26-346 Extremely hazardous substances
Unless otherwise provided in this article, a substance is subject to the
requirements of this article if it is an extremely hazardous substance as listed and
published by the administrator of the United States environmental protection agency, or
its successor, and it is held in quantities at or above the threshold planning quantity
as established pursuant to section 302 of title III.
26-347 Facilities subject to emergency planning; facility emergency response plans
A. A facility is subject to emergency planning requirements if a substance
identified under section 26-346 is present at the facility in an amount at or in excess
of the threshold planning quantity for that substance.
B. For purposes of emergency planning, the commission may designate additional
facilities which are subject to this section. The designation shall be accomplished
after providing at least thirty days' prior public notice in a newspaper of general
circulation in the county where the facility is located, after allowing public comment to
the commission for thirty days and after notification to the facility of the proposed
designation.
C. The owner or operator of a facility subject to this section shall provide to the
committee the identity of a facility representative who will provide a facility emergency
response plan and who will participate in the emergency planning process as the facility
emergency coordinator.
D. Each facility subject to this section shall prepare a facility emergency
response plan and submit copies of that plan to the commission, the local emergency
planning committee for the district in which the facility is located and the fire
department with jurisdiction over the facility. A facility that is required to prepare a
contingency plan under title 49, chapter 5, article 2 or the resource conservation and
recovery act of 1976 (P.L. 94-580; 90 Stat. 2795) may submit that contingency plan in
lieu of the emergency response plan required by this section if the information in
paragraphs 1 through 7 of this subsection is included in the plan. In preparing the plan
required by this section, the facility emergency coordinator shall consult with the local
emergency planning committee and other emergency and health professionals to assure
maximum coordination with those whose cooperation or services may be required in the
event of a reportable release. The facility emergency response plan shall include
specific actions to be taken in the event of an imminent or accidental reportable release
to safeguard the public health, safety and welfare and the environment to the maximum
extent practicable. The facility emergency response plan shall include:
1. Names, addresses and emergency telephone numbers of a facility emergency
coordinator and alternate.
2. A description of emergency warning systems and a list of emergency units,
emergency personnel and health professionals in close proximity to the facility.
3. A description of employee emergency response training and emergency preparedness
programs.
4. A description of appropriate emergency equipment necessary to respond to a
release.
5. A description of emergency response procedures including notification procedures
and evacuation plans in the event of a release.
6. Identification of transport routes and transportation methods used to transport
extremely hazardous substances to and from the facility, if known.
7. Provisions for at least an annual review of the plan and provisions to
demonstrate the capability to execute the plan on the request of the commission.
26-348 Emergency notification of reportable releases
A. If a reportable release of an extremely hazardous substance listed under section
26-346 occurs from a facility at which a hazardous chemical is produced, used or stored,
the owner or operator of the facility, except as excluded under title 40 code of federal
regulations section 355.40, in addition to any other notification required by law or
rule, shall immediately orally notify the community emergency coordinator for the local
emergency planning committee for any area likely to be affected by the reportable
release, and the commission, by notifying the emergency response unit of the department
of environmental quality and appropriate emergency responders designated by rule of the
commission, in the manner prescribed by rule of the commission. Unless impracticable
under the circumstances, this oral notification shall occur immediately after the
facility emergency coordinator or his designee has knowledge of the reportable
release. The notice of the reportable release shall include the following to the extent
known at the time of the notice and as long as no delay in responding to the emergency
results:
1. The specific location of the release.
2. The chemical name or identity of substances released and a description of the
container or vessel from which the release occurred.
3. An estimate of the quantity of substances which were released into the
environment.
4. The time and duration of the release.
5. The medium or media into which the release occurred.
6. Any known or anticipated acute or chronic health risks associated with the
release and, if within the informant's knowledge, advice regarding medical attention
necessary for exposed individuals.
7. Proper precautions to take as a result of the release, including evacuation and
other proposed response actions.
8. The name and telephone number of the person or persons to be contacted for
further information.
B. Within thirty days after the reportable release, the owner or operator of a
facility where a release occurred requiring notification pursuant to this section shall
submit to the local emergency planning committee and to the commission a written
follow-up emergency notice stating and updating the information originally provided
pursuant to subsection A of this section and including the following additional
information:
1. Actions taken to respond to and contain the release.
2. Any known or anticipated acute or chronic health risks associated with the
release.
3. If appropriate, advice regarding medical attention necessary for exposed
individuals.
4. Measures which have been or will be taken at the facility to avoid a
reoccurrence of similar releases.
C. After additional information becomes known, the owner or operator shall update
the notice in writing within seven calendar days.
26-349 Material safety data sheets
A. A person who owns or operates a facility which is required to prepare or have
available a material safety data sheet for a hazardous chemical under the occupational
safety and health act of 1970 (P.L. 91-593; 84 Stat. 1590), and federal regulations
adopted under that act, or under title 23, chapter 2, article 10, and rules adopted under
that article, shall submit to the local emergency planning committee for the district in
which the facility is located, the commission and the fire department with jurisdiction
over the facility material safety data sheets or lists of hazardous chemicals and any
extremely hazardous substances stored, handled or processed at the facility pursuant to
minimum threshold levels prescribed in title 40 code of federal regulations part 370 as
well as comply with section 311 of Title III and regulations adopted under that act.
B. If a list of hazardous chemicals or extremely hazardous substances is submitted
under this section, it shall include:
1. Information prescribed by section 311 of title III.
2. The chemical abstract service registry number applicable to each such chemical
and substance, if available.
3. An indication of whether the owner elects to withhold information about the
hazardous chemical or extremely hazardous substance from disclosure as a trade secret.
C. On request of a local emergency planning committee, the commission or the local
fire department with jurisdiction over the facility, an owner or operator of a facility
who has submitted a list pursuant to this section shall also submit the material safety
data sheet for any chemical on the list to the requesting agency. On request by any
person, the local emergency planning committee may make available a material safety data
sheet to the person or transmit the request to the commission which shall make the
material safety data sheet available, subject to the trade secret provisions and
regulations adopted under title III. If the committee or commission does not have the
requested material safety data sheet, the committee or commission shall request the sheet
from the facility owner or operator. The facility owner or operator shall make the sheet
available within thirty days after receiving the request to the committee or commission
and the committee or commission shall make the sheet available to the requesting person
subject to the trade secret provisions and regulations adopted under title III.
D. Within three months after discovery by an owner or operator of a facility of
significant new information concerning an aspect of a hazardous chemical for which a list
or material safety data sheet was submitted, or within three months after a facility
obtains a new hazardous chemical subject to the reporting requirements of this section,
the owner or operator shall update and submit a revised list or material safety data
sheet to the local emergency planning committee, the commission and the fire department
with jurisdiction over the facility.
26-350 Emergency and hazardous chemical inventory forms
A. A person who owns or operates a facility which is required to prepare or have
available a material safety data sheet for a hazardous chemical under the occupational
safety and health act of 1970 (P.L. 91-593; 84 Stat. 1590) and federal regulations
adopted under that act or which has to provide a material safety data sheet or listing
under this article shall either file electronically as prescribed by subsection D or
submit to the local emergency planning committee for the district in which the facility
is located, the commission and the fire department with jurisdiction over the facility an
emergency and hazardous chemical inventory form pursuant to section 312 of title III as
well as comply with section 312 of title III and regulations adopted under that act,
except that the tier II emergency and hazardous chemical inventory form shall be the
required form to comply with section 312 of title III effective with inventory forms due
on or after March 1, 1991.
B. The tier II inventory form shall contain the following information:
1. The chemical name or the common name of the chemical as provided on the material
safety data sheet and the CAS number.
2. An estimate, in ranges, of the maximum amount of the hazardous chemical present
at the facility at any time during the preceding year.
3. An estimate, in ranges, of the average daily amount of the hazardous chemical
present at the facility during the preceding year.
4. A brief description of the manner of storage of the hazardous chemical.
5. The location of the hazardous chemical at the facility.
6. An indication of whether the owner elects to withhold location information or
other information about a specific hazardous chemical from disclosure to the public as a
trade secret.
7. The fire department or district with jurisdiction for the facility, including a
notation of whether the facility is located on Indian lands.
C. An owner or operator of a facility subject to this section shall submit the
information required by this section on the inventory form provided by the commission.
The tier II inventory form provided by the commission shall be available in electronic
and paper formats and shall be based on and contain at least the information required by
the federal forms as prescribed by 40 Code of Federal Regulations section 370.41. The
commission shall identify on its tier II inventory form each item that is required to be
reported by 40 Code of Federal Regulations section 370.41. The commission shall provide
notice on the form that the provision of the information items not required by 40 Code of
Federal Regulations section 370.41 is optional.
D. Facilities that are subject to reporting under this article may file reports
electronically at an internet web site that is designated by the ARIZONA emergency
response commission. A facility that files electronically pursuant to this subsection is
deemed to have complied with the reporting requirements of the commission and with the
requirements of title III. Local emergency planning committees, fire departments and
districts also may accept electronic reporting if they have agreed to do so in a written
agreement with the commission that provides for the electronic filing and sharing of
reports. The commission shall publish on the commission's web site a listing of local
emergency planning committees, fire departments and fire districts that have agreed to
accept electronic reporting to assist facilities in determining submission requirements.
E. On certifying an electronic submittal pursuant to subsection D, the facility is
deemed to have complied with the original signature requirements of section 312 of title
III. The commission and the facility shall each maintain tracking information for the
submittal for purposes of confirmation.
F. Information that is collected pursuant to this section shall be made available
to the public pursuant to 40 Code of Federal Regulations part 370, subpart C, except for
confidential information.
G. For purposes of this section, tier II forms are the forms established under 40
Code of Federal Regulations part 370.
26-351 Toxic chemical release forms; definitions
A. In order to implement section 313 of title III the owner or operator of a
facility subject to the requirements of this section and section 313 of title III and
regulations adopted under that act shall complete a toxic chemical release form as
supplied by the administrator, pursuant to section 313(g) of title III, or as supplied by
the commission, for each toxic chemical listed in the code of federal regulations by the
administrator pursuant to section 313(c) of title III that was manufactured, processed or
otherwise used in quantities exceeding the toxic chemical threshold quantity established
by subsection E of this section during the preceding calendar year at that facility. The
form shall be submitted to the administrator and to the commission on or before July 1 of
each year and shall contain data reflecting releases in excess of the quantity of that
toxic chemical established under subsection E of this section during the preceding
calendar year.
B. The requirements of this section apply to owners and operators of facilities
that have ten or more full-time employees and that are in standard industrial
classification codes 20 through 39 in effect on July 1, 1987 as prepared by the
statistical policy division of the United States office of management and budget, office
of the president and that manufactured, processed or otherwise used a toxic chemical
listed in title 40 code of federal regulations part 372 pursuant to section 313(c) and
(d) of title III in excess of the quantity of that toxic chemical established under
subsection E of this section during the calendar year for which the release form is
required under this section.
C. The director of environmental quality as the representative of the governor
pursuant to this section may request the administrator to apply the requirements of this
section to the owners and operators of any particular facility that manufactures,
processes or otherwise uses a toxic chemical listed pursuant to section 313(c) of title
III if the administrator determines that such action is warranted on the basis of
toxicity of the toxic chemical, the proximity to other facilities that release the toxic
chemical or to population centers, the history of releases of the chemical at the
facility or such other factors as the administrator deems appropriate.
D. The toxic chemicals subject to the requirements of this section are those
chemicals listed in title 40 code of federal regulations by the administrator pursuant to
section 313(c) of title III, including any revised version of the list as may be made
pursuant to section 313(d) or (e) of title III. The director of environmental quality as
the representative of the governor, pursuant to section 313(e) (2) of title III, may
petition the administrator to add a chemical to or delete a chemical from the list
identified in this section.
E. The threshold amounts for purposes of reporting toxic chemicals under this
section are:
1. With respect to a toxic chemical used at a facility, ten thousand pounds of the
toxic chemical for the applicable calendar year.
2. With respect to a toxic chemical manufactured or processed at a facility:
(a) For the toxic chemical release form required to be submitted under this section
on or before July 1, 1988, seventy-five thousand pounds of the toxic chemical per year.
(b) For the toxic chemical release form required to be submitted under this section
on or before July 1, 1989, fifty thousand pounds of the toxic chemical per year.
(c) For the toxic chemical release form required to be submitted under this section
on or before July 1, 1990 and for each year thereafter, twenty-five thousand pounds of
the toxic chemical per year.
F. The threshold amounts for purposes of reporting toxic chemicals under this
section shall be adjusted pursuant to revisions by the administrator.
G. Owners and operators of facilities subject to the requirements of this section
shall provide the information required under this section on a uniform toxic chemical
release form published by the administrator or on a uniform toxic chemical release form
published by the director of environmental quality. The form shall:
1. Provide for the name and location of and principal business activities at the
facility.
2. Include an appropriate certification, signed by a senior official with
management responsibility for the person or persons completing the form, regarding the
accuracy or completeness of the report.
3. Provide for the following information for each listed toxic chemical known to be
present at the facility:
(a) Whether the toxic chemical at the facility is manufactured, processed or
otherwise used, and the general category or categories of use of the chemical.
(b) An estimate of the maximum amount in ranges of the toxic chemical present at
the facility at any time during the preceding calendar year.
(c) For each wastestream, the waste treatment or disposal methods employed and an
estimate of the treatment efficiency typically achieved by such methods for that
wastestream.
(d) The annual quantity of the toxic chemical entering each environmental medium.
H. The release forms required under this section are intended to provide
information to the federal, state and local governments and to the public, including
citizens of communities surrounding facilities covered by this section. The release form
shall be available consistent with the trade secret provisions of title III to inform
persons about releases of toxic chemicals to the environment, to assist governmental
agencies, researchers and other persons in conducting research and data gathering, to aid
in developing appropriate rules and regulations, guidelines and standards and for similar
purposes.
I. For purposes of this section:
1. "Administrator" means the administrator of the United States environmental
protection agency.
2. "Manufacture" means to produce, prepare, import or compound a toxic chemical.
3. "Process" means the preparation of a toxic chemical after its manufacture for
distribution in commerce either:
(a) In the same form or physical state as, or in a different form or physical state
from, that in which it was received by the person so preparing the chemical.
(b) As part of an article containing the toxic chemical.
26-352 Emergency response fund
The emergency response fund is established consisting of monies appropriated by the
legislature for purposes of section 26-305.02 and this article and federal, private and
other monies available for that purpose. The chairman of the commission shall manage the
fund and expend monies in the fund in performing the functions required or authorized by
this article. All interest earned from investing monies in the fund shall be credited to
the fund. Monies in the fund are subject to legislative appropriation and are exempt
from section 35-190 relating to lapsing of appropriations.
26-353 Emergency response; immunity
A licensed, certified or authorized emergency responder and its employees at the
scene of an emergency, when the emergency response is provided in good faith, have the
immunities provided in section 26-314 in carrying out the provisions of this
article. The immunities provided by section 26-314 also apply to governmental entities,
multi-jurisdictional planning organizations that encompass each district, members of each
local emergency planning committee and their support personnel in carrying out the
provisions of this article.
|
|
|
|
