[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.
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]
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.
