SECTIONS 8574.16-8574.18 - California Statutes

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) (1) 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.
(2) 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 California Emergency Management
Agency 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 California Emergency Management Agency 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.