Orange County NC Website
oo4 <br /> A BILL TO BE ENTITLED <br /> AN ACT TO ESTABLISH THE ORANGE COUNTY HAZARDOUS MATERIALS <br /> RESPONSE TEAM. <br /> The General Assembly of North Carolina enacts: <br /> Section 1. There is hereby established the Orange <br /> County Hazardous Materials Response Team, whose duties may <br /> include responding to a hazardous materials accident or <br /> emergency anywhere including the territory within any incor- <br /> porated town or city, within Orange County. <br /> Section 2. Members of the response team may be selected <br /> from city, county, state or other law enforcement agencies, <br /> fire departments, and rescue squads now located or serving in <br /> any part of Orange County. The manner of selecting the <br /> members shall be approved designated by the Board of County <br /> Commissioners. The members of the response team shall be <br /> selected by the Board of County Commissioners. A current <br /> membership roster shall be maintained at all times by the <br /> County Manager. <br /> Section 3 . Members of the response team, when respond- <br /> ing to a hazardous materials accident or emergency anywhere <br /> within the county, shall have all authority, rights, privi- <br /> leges and immunities as they have when responding to a law <br /> violation, accident or emergency inside the city, district, <br /> or territorial limits in which they normally serve. This <br /> shall include, but is not limited to, coverage under worker's <br /> compensation laws, pension or relief fund laws, death benefit <br /> acts, and the same insurance coverage as in the city, dis- <br /> trict, or territory where the member normally serves and is <br /> employed. <br /> Section 4. Members of the response team shall have <br /> authority to do all acts reasonably necessary to protect life <br /> and property at the scene of a hazardous materials accident <br /> or emergency. Any person who shall willfully interfer in any <br /> manner with a response team member engaged in the performance <br /> of his duties shall be guilty of a misdemeanor punishable by <br /> a fine of $500, imprisonment for no more than 60 days, or <br /> both. <br /> Section 5. A response team member who is performing his <br /> duties as such anywhere in the county shall not be liable for <br /> damages to persons or property proximately resulting from any <br /> negligent act or omission when the act or omission relates to <br /> a hazardous materials accident or emergency, unless it is <br /> established that the damage occurred because of the gross <br /> negligence or intentional wrongdoing of the response team <br /> member. <br /> Section 6. This act applies to Orange County only. <br /> Section 7. This act is effective upon ratification. <br />