2005 California Government Code Sections 8574.16-8574.18 Article 3.7. Toxic Disasters

GOVERNMENT CODE
SECTION 8574.16-8574.18

8574.16.  The Governor shall establish a state toxic disaster
contingency plan pursuant to this article.
8574.17.  (a) A state toxic disaster contingency plan established
pursuant to this article shall provide for an integrated and
effective state procedure to respond to the occurrence of toxic
disasters within the state.  The plan shall provide for the
designation of a lead agency to direct strategy to ameliorate the
effects of a toxic disaster, for specified state agencies to
implement the plan, for interagency coordination of the training
conducted by state agencies pursuant to the plan, and for on-scene
coordination of response actions.
   Notwithstanding any provision of the plan, the authority for the
management of the scene of an on-highway toxic spill or disaster
shall be vested in the appropriate law enforcement agency having
primary traffic investigative authority on the highway where the
incident occurs or in a local fire protection agency as provided by
Section 2454 of the Vehicle Code.  During the preparation of the
toxic disaster contingency plan, the Office of Emergency Services
shall adopt the recommendations of the Department of the California
Highway Patrol in developing response and on-scene procedures for
toxic disasters which occur upon the highways, based upon previous
studies for such procedures, insofar as the procedures are not
inconsistent with the overall plan for initial notification of toxic
disasters by public agencies and for after-incident evaluation and
reporting.
   (b) The Office of Emergency Services shall establish a central
notification and reporting system to facilitate operation of the
state toxic disaster response procedures designated by the toxic
disaster contingency plan.
8574.18.  (a) For purposes of this article, a "toxic disaster" means
an occurrence where toxic substances are dispersed in the
environment in such a manner as to cause, or potentially cause,
injury or death to a significant number of persons or significant
harm to the natural environment, as determined by the implementing
state agency, through direct or indirect contact with such toxic
substances.
   (b) The toxic disaster contingency plan shall provide a listing of
the kinds of toxic substances which pose potential hazards to human
health and the environment and which could be the subject of a toxic
disaster.
   For purposes of this article, "toxic substances" means, for
highway transportation purposes, substances and materials designated
as hazardous by the United States Department of Transportation for
purposes of Parts 172, 173, and 177 of Title 49 of the Code of
Federal Regulations.


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