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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.
(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.
