Town of Lewiston, NY
Niagara County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Lewiston 7-8-1991 by L.L. No. 3-1991 (Ch. 13C of the 1965 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Hazardous wastes — See Ch. 195.
This chapter may be cited as the "Lewiston Haz-Mat Law."
A. 
There is hereby adopted by the Town of Lewiston this chapter providing for the formal establishment of a Hazardous Materials Response Department to respond to and address hazardous materials incidents within the Town of Lewiston and providing for such a department to assist other communities or political subdivisions, either upon official request or pursuant to a prior written agreement.
B. 
The operation of such a Hazardous Materials Response Department shall be in accordance and pursuant to a Town of Lewiston Comprehensive Emergency Management Plan, which shall be duly approved by the various levels of government as provided therefor.
C. 
Any person who is by training or experience and attainment qualified to participate as a member of the Hazardous Materials Response Department and who voluntarily and without expectation of monetary compensation serves as a member of such a department shall not be subject to a penalty or to civil liability for damages or injuries alleged to have been sustained by any person or entity by reason of an act or omission in the course of such service.
A. 
To oversee the proper training, operation and deployment of such a department, there shall be established a Haz-Mat Control Commission, which shall be referred to as the "Commission."
[Amended 6-14-1993 by L.L. No. 2-1993]
B. 
Said Commission shall consist of 13 members, who shall be the current Chiefs and two members of the four fire companies in the Town of Lewiston or designated members of a particular company. The 13th member shall be a member of the Town Board who shall be appointed by the Town Board to the Commission.
[Amended 6-14-1993 by L.L. No. 2-1993]
C. 
The Commission shall elect from its members a President, a Vice President, a Recording Secretary and a Treasurer.
(1) 
Duties of the President shall be to:
(a) 
Oversee the organization.
(b) 
Take responsibility for calling meetings.
(c) 
Submit yearly budgets to the Town Board.
(d) 
Provide a yearly report of activities of the Commission.
(2) 
Duties of the Vice President shall be to:
(a) 
Act as President when the President is not available.
(3) 
Duties of the Recording Secretary shall be to:
(a) 
Take minutes of all meetings.
(4) 
Duties of the Treasurer shall be to:
(a) 
Perform the duties of Financial Secretary and to maintain a record of all income and expenses.
D. 
Associate members of Commission. These members shall be nonvoting members:
(1) 
Highway Superintendent.
(2) 
Water Superintendent.
(3) 
Pollution Control.
(4) 
Police Department.
(5) 
Environmental Enforcement Officer.
E. 
Duties of the Commission. It will be the Commission's responsibility to:
(1) 
Review and approve or disapprove all applicants.
(2) 
Establish bylaws.
(3) 
Establish officer positions within the haz-mat organization.
(4) 
Provide for and assure that all members have training in compliance with state and federal regulations, specifically with reference to an approved Town of Lewiston Comprehensive Emergency Response Management Plan.
F. 
Positions to be established by the Commission. The Commission will establish the following positions:
[Amended 6-14-1993 by L.L. No. 2-1993]
(1) 
Chief Executive Officer.
(2) 
Four department leaders (to be appointed).
(3) 
Safety officers.
(4) 
Communications officers.
(5) 
Staging officers.
(6) 
DeCon officers.
(7) 
Emergency Medical Services triage officers.
(8) 
Business manager.
Individual members of the Combined Haz-Mat Response Department (CHD) shall be employees of the municipal corporations hereto, and/or members of volunteer fire companies within the fire protection districts of the municipalities which are under contract with the municipality for the provision of assistance by members of their respective companies acting as members of the CHD or members of the Tri-Community Volunteer Ambulance Corps (TVAC) where that volunteer not-for-profit corporation has contracted with the Town of Lewiston.
A. 
The Town Board hereby delegates to the Commission the necessary power and authority to implement this chapter and the Town of Lewiston Comprehensive Emergency Management Plan.
B. 
In the event that a haz-mat incident occurs within the County of Niagara and upon official request for assistance by the Niagara County Executive or his designated assistant and following a declaration of a state of emergency, the Town Board of the Town of Lewiston may send the observer team of the Combined Haz-Mat Department to gather information on whether a further haz-mat response is required and may prohibit deployment of any Combined Haz-Mat Department unit or recall any such unit from any location and may negotiate agreements with other municipalities relative to emergency assistance under the Town of Lewiston Comprehensive Emergency Management Plan.