OAR 837-120-0020: Hazardous Materials Response System and Response Team Contracts

(1) The State Fire Marshal shall develop and implement a statewide hazardous materials emergency response system. (2) The statewide hazardous materials emergency response system shall focus on response activities and augment emergency response systems at local, state and national levels. (3) Emergency response(s) for hazardous materials incidents shall include: (a) Actions taken to monitor, assess and evaluate a spill or release or threatened spill or release; (b) First aid, rescue or emergency medical services; and (c) Fire suppression, containment, confinement, or other actions appropriate to prevent, minimize or mitigate damage to public health, safety, welfare, property, or the environment which may result from a spill or release, or threatened spill or release, of a hazardous material if action is not taken. (4) The statewide hazardous materials emergency response system shall include provisions for contracts for regional and limited hazardous materials emergency response teams. (5) Regional and limited hazardous materials emergency response teams shall operate under the contract between the state and local government agencies. (6) Regional and limited hazardous materials emergency response team contracts shall include an applicable contract, together with all attachments, exhibits, and addenda, if any. (7) Contractor compensation shall generally include: (a) Specialized training for regional and limited response team members; (b) Costs associated with delivering program outreach; (c) Costs associated with team members participating in approved subcommittee activities; (d) Loans of state emergency response vehicles to contractors; (e) Loans of state emergency operations equipment to contractors; (f) Protection of regional and limited response team members from tort liability as set forth in ORS 453.384; (g) Recovery of team response costs on behalf of contractors; and (h) Payment of contractor’s team response costs under OAR 837-120-0090 when no payments are forthcoming from responsible person(s). (8) Except as specifically agreed to by agreement and contract, a contractor’s compensation will not include: (a) Personnel costs associated with non-emergency activities; or (b) Team response costs not directly arising from an actual or threatened release of a hazardous material or which do not otherwise qualify under section (7) of this rule.