Montana Code Annotated 2023

TITLE 10. MILITARY AFFAIRS AND DISASTER AND EMERGENCY SERVICES

CHAPTER 3. DISASTER AND EMERGENCY SERVICES

Part 12. Response to Hazardous Material Incidents

Local Emergency Response Authorities -- Powers And Duties

10-3-1209. Local emergency response authorities -- powers and duties. (1) Every local emergency response authority designated pursuant to this part shall respond to hazardous material incidents occurring within its jurisdiction according to the local emergency operations plan. The local emergency response authority shall also respond to a hazardous material incident that initially occurs within its jurisdiction but spreads to another jurisdiction. If a hazardous material incident occurs on a boundary between two jurisdictions or in an area where the jurisdiction is not readily ascertainable, the first local emergency response authority to arrive at the scene of the hazardous material incident shall perform the initial emergency response duties.

(2) Each local emergency response authority shall identify in writing its incident management system and identify the individual who will be the incident commander.

(3) The incident commander shall declare that the emergency situation associated with an incident has ended when the acute threat to public health and safety or to the environment has been sufficiently addressed.

History: En. Sec. 7, Ch. 270, L. 1995; amd. Sec. 12, Ch. 243, L. 2023.