Chapter 2.14
HAZARDOUS MATERIALS EMERGENCY ASSISTANCE AGREEMENTS
Sections:
2.14.010 Hazardous material incident command agency.
2.14.020 Agreement – Authorized.
2.14.040 Agreement – Terms and conditions.
2.14.050 Agreement – Verbal agreement and notice of terms.
2.14.010 Hazardous material incident command agency.
(1) The city council of the city of Port Orchard hereby designates South Kitsap Fire District No. 7 as the incident command agency for all hazardous material incidents within the corporate limits of the city of Port Orchard.
(2) The fire district and the city of Port Orchard together and separately shall reserve the right to recover costs for incident response and incident cleanup, as outlined in RCW 4.24.314 for extraordinary cost incurred due to a hazardous materials incident in accordance with fee schedule as adopted by the Washington State Association of Fire Chiefs. (Ord. 1712 § 2(1), 1998).
2.14.020 Agreement – Authorized.
The fire authority is authorized to enter into agreements with persons, agencies, and/or corporations who may provide assistance with respect to a hazardous materials incident. In accordance with the provisions of Chapter 4.24 RCW, such persons, agencies and/or corporations are not liable for civil damages resulting from any act or omission in the rendering of such care, assistance, or advice, other than acts or omissions constituting gross negligence or wilful or wanton misconduct; provided:
(1) The fire authority and persons whose assistance is requested have entered into a written hazardous materials assistance agreement prior to the incident which incorporates the terms of POMC 2.14.040, except as specified in POMC 2.14.050;
(2) The request for assistance comes from the fire authority. (Ord. 1712 § 2(2), 1998).
2.14.030 Allowable costs.
(1) To be allowable, costs for which reimbursement is sought must be consistent with CERCLA and with federal cost principles outlined in the OMB Circular A-87, “Cost Principles for State and Local Governments.” The local government may also seek assistance from the EPA Regional Office in determining which costs may be allowable. Final determination of the reasonableness of the costs for which reimbursement is sought will be made by EPA.
(2) In general, allowable costs are those project costs are eligible, reasonable, necessary and allocable to the project. Costs allowable for reimbursement may include, but are not limited to:
(a) “Disposable materials and supplies” acquired, consumed, and expended specifically for the purpose of the response for which reimbursement is being requested (hereafter referred to as “the response”);
(b) Compensation for unbudgeted wages of employees for the time and efforts devoted specifically to the response that are not otherwise provided for in the applicant’s operating budget (e.g., overtime pay for permanent full-time and other than full-time employees);
(c) Rental or leasing of equipment used specifically for the response (e.g., protective equipment or clothing, scientific and technical equipment) (note: reimbursement for these costs will not exceed the duration of the response);
(d) Replacement costs for equipment owned by the applicant that is contaminated beyond reuse or repair, if the applicant can demonstrate that the equipment was a total loss and that the loss occurred during the response (e.g., self-contained breathing apparatus irretrievably contaminated during the response);
(e) Decontamination of equipment contaminated during the response;
(f) Special technical services specifically required for the response (e.g., costs associated with the time and efforts of technical experts/specialists not otherwise provided for by the local government);
(g) Other special services specifically required for the response (e.g., utilities);
(h) Laboratory costs for purposes of analyzing samples taken during the response;
(i) Evacuation costs associated with the services, supplies, and equipment procured for a specific evacuation; and
(j) Containerization or packaging cost including transportation and disposal of hazardous wastes. (Ord. 1712 § 2(3), 1998).
2.14.040 Agreement – Terms and conditions.
(1) Hazardous materials emergency assistance agreements which are executed prior to a hazardous materials incident shall include the following terms and conditions:
(a) The person requested to assist shall not be obligated to assist;
(b) The person requested to assist may act only under direction of the incident commander or their representative;
(c) The person requested to assist may withdraw their assistance if they deem the actions or directions of the incident commander to be contrary to accepted hazardous materials response practices;
(d) The person requested to assist shall not profit from rendering the assistance;
(e) The person requested to assist shall not be a public employee acting in their official capacity within the boundaries of their political subdivision;
(f) Any person responsible for causing the hazardous materials incident shall not be covered by the liability standard defined in POMC 2.14.020.
(2) It is the responsibility of both parties to ensure that mutually agreeable procedures are established when assistance is requested, for recording the name of the person whose assistance is requested, and the time and date of the request, which records shall be retained for three years by the fire department. A copy of the official incident command agency designation shall be a part of the assistance agreement specified in this section. (Ord. 017-23 § 1 (Exh. A); Ord. 1712 § 2(4), 1998).
2.14.050 Agreement – Verbal agreement and notice of terms.
(1) The chief of the fire authority or their representative may enter into verbal hazardous materials emergency assistance agreements at the scene of an incident where execution of a written agreement prior to the incident is not possible. A notification of the terms of this section shall be presented at the scene by the incident commander or their representative to the person whose assistance is requested. The incident commander and the person whose assistance is requested shall both sign the notification which appears in subsection (2) of this section, indicating the date and time of signature. If a requesting agency deliberately misrepresents individual or agency status, that agency shall assume full liability for any damages resulting from the actions of the person whose assistance is requested, other than those damages resulting from gross negligence or wilful misconduct.
(2) The notification required by subsection (1) of this section shall be as follows:
NOTIFICATION OF
“GOOD SAMARITAN” LAW
You have been requested to provide emergency assistance by a representative of a designated hazardous materials incident command agency. To encourage your assistance, the Washington State Legislature has passed “Good Samaritan” Legislation (Chapter 4.24 RCW, part) to protect you from potential liability. The law reads, in part:
“Any person who, in good faith, renders emergency care, assistance, or advice with respect to a hazardous materials incident is not liable for civil damages resulting from any act or omission in the rendering of such care, assistance, or advice, other than acts or omissions constituting gross negligence or wilful or wanton misconduct.”
The law requires that you be advised of certain conditions to ensure your protection:
(a) You are not obligated to assist and you may withdraw your assistance at any time.
(b) You cannot profit from assisting.
(c) Your must agree to act under the direction of the incident commander.
(d) You are not covered by this law if you caused the initial accident or if you are a public employee doing your official duty.
I have read and understand the above.
(Name)_______________________________
Date ______________Time_______________
I am a representative of a designated hazardous materials incident command agency and I am authorized to make this request for assistance.
(Name)_______________________________
Date ______________Time_______________
(Ord. 017-23 § 1 (Exh. A); Ord. 1712 § 2(5), 1998).