Cross References — As to hazardous waste, disposal of, ch. 230, art. V; as to backflow prevention devices required for hazardous waste discharges, §705.210.
State Law References — Civil defense, ch. 44, RSMo.; hazardous
waste management, §§260.350 — 260.815, RSMo.
There is hereby created within and for the City of Salem an
emergency management organization to be known as the Salem Emergency
Management Organization, which is responsible for the preparation
and implementation of emergency functions required to prevent injury
and minimize and repair damage due to disasters, to include emergency
management of resources and administration of such economic controls
as may be needed to provide for the welfare of the people, and emergency
activities (excluding functions for which military forces are primarily
responsible) in accordance with Chapter 44, RSMo., and supplements
thereto, and the Missouri Emergency Operations Plan adopted thereunder.
This agency shall consist of a Director and other members appointed
by the Salem Emergency Management Organization to conform to the State
organization and procedures for the conduct of emergency operations
as outlined in the Missouri Emergency Operations Plan.
The organization shall perform emergency management functions
within the City of Salem and may conduct these functions outside the
territorial limits as directed by the Governor during the time of
emergency pursuant to the provisions of Chapter 44, RSMo., and supplements
thereto.
A.
The Director
will be appointed by the Mayor and shall serve at the pleasure of
the Mayor.
B.
The Director
shall have direct responsibility for the organization, administration
and operations of local emergency management operations, subject to
the direction and control of the Mayor or Board of Aldermen.
C.
The Director
shall be responsible for maintaining records and accounting for the
use and disposal of all items of equipment placed under the jurisdiction
of the Salem Emergency Management Organization.
A.
The City
of Salem in accordance with Chapter 44, RSMo., may:
1.
Appropriate
and expend funds, make contracts, obtain and distribute equipment,
materials and supplies for emergency management purposes; provide
for the health and safety of persons, the safety of property; and
direct and coordinate the development of disaster plans and programs
in accordance with the policies and plans of the Federal and State
Governments; and
2.
Appoint,
provide or remove rescue teams, auxiliary fire and police personnel
and other emergency operation teams, units or personnel who may serve
without compensation.
The Mayor or Public Safety Agency may enter into mutual-aid
arrangements or agreements with other public and private agencies
within and without the State for reciprocal emergency aid as authorized
in Section 44.090, RSMo.
The Mayor of the City may, with the consent of the Governor,
accept services, materials, equipment, supplies or funds gifted, granted
or loaned by the Federal Government or an officer or agency thereof
for emergency management purposes, subject to the terms of the offer.
No person shall be employed or associated in any capacity in
the Salem Emergency Management Organization who advocates or has advocated
a change by force or violence in the constitutional form of the Government
of the United States or in this State or the overthrow of any Government
in the United States by force or violence, or has been convicted of
or is under indictment or information charging any subversive act
against the United States. Each person who is appointed to serve in
the Salem Emergency Management Organization shall, before entering
upon his/her duties, take an oath, in writing, before a person authorized
to administer oaths in this State, which oath shall be substantially
as follows:
"I, _____________, do solemnly swear (or affirm) that I will
support and defend the Constitution of the United States and the Constitution
of the State of Missouri against all enemies, foreign and domestic;
that I will bear true faith and allegiance to the same; that I take
this obligation freely, without any mental reservation or purpose
of evasion; and that I will well and faithfully discharge the duties
upon which I am about to enter. And I do further swear (or affirm)
that I do not advocate, nor am I a member of any political party or
organization that advocates the overthrow of the Government of the
United States or of this State by force or violence; and that during
such a time as I am a member of the Salem Emergency Management Organization,
I will not advocate nor become a member of any political party or
organization that advocates the overthrow of the Government of the
United States or of this State by force or violence."
The Mayor is authorized to designate space in any City-owned
or leased building for the Salem Emergency Management Organization.
[R.O. 2011 §11-20; Ord. No. 2667 §1, 4-6-1987]
As used in this Article, the following terms shall have these
prescribed meanings:
Chemicals which can cause both sever short- and long-term
health effects after a single, brief exposure and as defined by the
Missouri Department of Natural Resources (DNR) or the United States
Environmental Protection Agency (USEPA).
Any City employee who has delegated authority under City
ordinances to make emergency decisions.
Any location where acutely toxic chemicals are manufactured,
processed, stored, handled, used, transported, disposed or otherwise
where located or may be found.
[R.O. 2011 §11-21; Ord. No. 2667 §2, 4-6-1987]
No person, firm or corporation shall discharge or cause to discharge,
leak, leach, spill or otherwise escape upon any public street, alley,
or public property, or onto the ground, or into the air, or into any
private property except those areas specifically permitted by the
Missouri DNR or U.S. EPA or specifically exempt by those agencies
for waste disposal or landfill activities within the City any acutely
toxic chemical, hazardous chemical, or any solid, liquid or gas creating
a hazard or potential hazard or any waste as defined by the Missouri
DNR, the Missouri Department of Health, or the U.S. EPA.
[R.O. 2011 §11-22; Ord. No. 2667 §3, 4-6-1987]
Any person, firm or corporation in violation of Section 225.110 must, if the State of Missouri or Federal Government have not assumed jurisdiction under the direction of the City of Salem, take immediate actions to contain, cleanup and remove to an approved repository the discharged materials or wastes and restore the site to its original condition. Should any person, firm or corporation fail to engage or complete the requirements of this Section, the Emergency Management Agency may order the required actions to be taken by public or private resources and allow the recovery of any and all costs incurred by the City.
[R.O. 2011 §11-23; Ord. No. 2667 §4, 4-6-1987]
Access to any site, public or private, where a prohibited discharge
is indicated or suspected will be provided to emergency government
staff or officers for the purpose of evaluating the threat to the
public and monitor containment, cleanup and restoration activities.
[R.O. 2011 §11-24; Ord. No. 2667 §5, 4-6-1987]
Should any prohibited discharge occur that threaten the life,
safety or health of the public at, near, or around the site of a prohibited
discharge, and that the situation is so critical that immediate steps
must be taken to protect life and limb, the City of Salem on the scene
of the emergency may order an evacuation of the area or take other
appropriate protective steps for a period of time until the Mayor
or Board of Aldermen can act under an applicable City ordinance of
the Municipal Code.
[R.O. 2011 §11-25; Ord. No. 2667 §6, 4-6-1987]
The Salem/Dent County Emergency Management Agency, Public Works
Director, or City Building Inspector shall have authority to file
complaints for violation of the provisions of this Article.
[R.O. 2011 §11-27; Ord. No. 2667 §8, 4-6-1987]
Any person, firm or corporation in violation of this Article
shall be liable to the City for any expenses incurred by the City
for loss or damage sustained by the City by reason of such violation.
