Article 4. Highway Spill Containment And Abatement Of Hazardous Substances of California Vehicle Code >> Division 2. >> Chapter 2. >> Article 4.
This article shall be known and may be cited as the Hazardous
Substances Highway Spill Containment and Abatement Act.
The Legislature finds and declares that a statewide program
for the management of hazardous substances highway spills, under the
jurisdiction of the California Highway Patrol, is necessary to
protect the public health and environment.
"Hazardous substance" means any hazardous material defined in
Section 353 and any toxic substance defined pursuant to Section
108145 of the Health and Safety Code.
The California Highway Patrol shall serve as statewide
information, assistance, and notification coordinator for all
hazardous substances spill incidents occurring on highways within the
State of California. The California Highway Patrol shall establish a
single notification mechanism to serve as a central focus point for
a hazardous substances spill response system. To assure timely
notification of emergency personnel, the notification mechanism
established pursuant to this section shall complement and not
conflict with the system established pursuant to subdivision (b) of
Section 8574.17 of the Government Code.
(a) The authority for incident command at the scene of an
on-highway hazardous substance incident is vested in the appropriate
law enforcement agency having primary traffic investigative authority
on the highway where the incident occurs. Responsibility for
incident command at the scene of an on-highway hazardous substance
incident shall continue until all emergency operations at the scene
have been completed and order has been restored.
(b) Notwithstanding subdivision (a), the local governing body of a
city, whether general law or chartered, which has jurisdiction over
the location where an on-highway hazardous substance incident occurs
may assign the authority for incident command at the scene of an
on-highway hazardous substance incident on local streets and roads,
other than freeways, to either the local law enforcement agency or
the local fire protection agency. However, the department is
responsible for incident command at the scene of an on-highway
hazardous substance incident on all highways where the department has
primary traffic investigative authority. Any law enforcement agency
having primary traffic investigative authority may enter into written
agreements with other public agencies to facilitate incident command
at the scene of an on-highway hazardous substance incident on local
streets and roads other than freeways.
(c) For purposes of this section, "incident command at the scene
of an on-highway hazardous substance incident" means coordination of
operations which occur at the location of a hazardous substance
incident. This coordinating function does not include how the
specialized functions provided by the various other responding
agencies are to be performed. The incident commander at the scene of
an on-highway hazardous substance incident shall consult with other
response agencies at the scene to ensure that all appropriate
resources are properly utilized, and shall perform his or her
coordinating function in a manner designed to minimize the risk of
death or injury to other persons.