§ 35-9-156 — Local response authority

Wyoming § 35-9-156

• Jurisdiction: Wyoming
• Title 35: Public Health and Safety
• Ch. 9: FIRE PROTECTION
• Art. 1: DEPARTMENT OF FIRE PREVENTION

Text

(a) Every political subdivision of the state shall
designate a local emergency response authority for responding to
and reporting of hazardous material or weapons of mass
destruction incidents that occur within its jurisdiction. The
designation of a local emergency response authority and copies
of any accompanying agreements and other pertinent documentation
created pursuant to this section shall be filed with the
director, office of homeland security within seven (7) days of
the agreement being reduced to writing and signed by all
appropriate persons.
(b) Every local emergency response authority shall
coordinate the response to an incident occurring within its
jurisdiction in a fashion consistent with standard incident
command protocols. The local emergency response authority shall
also coordinate the response to an incident which initially
occurs within its jurisdiction but which spreads to another
jurisdiction. If an incident occurs on a boundary between two
(2) jurisdictions or in an area not readily ascertainable, the
first local emergency response authority arriving at the scene
shall coordinate the initial emergency response and shall be
responsible for seeking reimbursement for the incident on behalf
of all responding authorities entitled to reimbursement under
W.S. 35-9-157(a).
(c) Any unusual incident involving hazardous materials or
weapons of mass destruction and any incident involving a
clandestine laboratory operation shall be investigated to
determine if a criminal act has occurred until it is determined
otherwise. To ensure preservation of evidence while mitigating
the threat to life and property under this subsection, a command
structure with primary command authority by the appropriate law
enforcement agency shall be implemented.
(d) The incident commander shall declare an incident ended
when he has determined the threat to public health and safety
has ended. Until the incident commander has declared the threat
to public safety has ended the incident commander shall have the
authority to issue an order on behalf of the political
subdivision that any portion of the building, structure or land
is uninhabitable or contaminated, secure the portion of the
building, structure or land that is uninhabitable or
contaminated and take appropriate steps to minimize exposure to
identified or suspected contamination at the site or premise.
If the subject of the site or premise is commercial real estate,
the incident commander shall limit the declaration of
uninhabitable or contaminated to the areas affected by the
clandestine laboratory operation and shall not declare the
entire commercial real estate uninhabitable or contaminated
unless the entire commercial property has been documented and
determined uninhabitable or contaminated using the standards
promulgated by the state emergency response commission under
W.S. 35-9-153(h). The incident commander shall provide written
notice to the commercial real estate owner, describing with
specificity the extent of the commercial property deemed
uninhabitable or contaminated. Any property that is ordered
uninhabitable or contaminated under this subsection shall only
be transferred or sold prior to remediation if full, written
disclosure is made to the prospective purchaser, attached to the
earnest money receipt if any, and shall accompany the sale
documents but not be a part of the deed nor shall it be
recorded. The transferor or seller shall notify the incident
commander of the transfer or sale within ten (10) days of the
transfer or sale. Receipt of full written disclosure under this
subsection constitutes a full release of liability on the part
of the seller or transferor and acceptance of liability on the
part of the buyer or transferee unless otherwise agreed to in
writing by the transferor and transferee.
(e) The order issued under subsection (d) of this section
shall be in writing, shall state the grounds for the order and
shall be filed in the office of the clerk of the district court
of the county in which the building or structure is situated. A
copy of the order shall be served in accordance with the Wyoming
Rules of Civil Procedure upon the owner and any occupants of the
building or structure with a written notice that the order has
been filed and shall remain in force, unless the owner or
occupant files his objections or answer with the clerk of the
district court within the time specified in subsection (f) of
this section. A copy of the order shall be posted in a
conspicuous place upon the building or structure.
(f) Within twenty (20) days of service of an order issued
under subsection (d) of this section, the owner or occupant may
file with the clerk of the district court and serve upon the
political subdivision issuing the order, an answer denying the
existence of any of the allegations in the order. If no answer
is filed and served, the court shall affirm the order declaring
the site uninhabitable and fix a time when the order shall be
enforced. If an answer is filed and served, the court shall hear
and determine the issues raised as set forth in subsection (g)
of this section.
(g) The court shall hold a hearing within eleven (11) days
from the date of the filing of the answer. If the court
sustains the order, the court shall fix a time within which the
order shall be enforced. Otherwise, the court shall annul or
set aside the order declaring the property to be uninhabitable.
(h) An appeal from the judgment of the district court may
be taken by any party to the proceeding in accordance with the
Wyoming Rules of Appellate Procedure.