New Mexico Administrative Code
Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT
Chapter 20 - CIVIL EMERGENCY PREPAREDNESS AND DISASTER RELIEF
Part 2 - HAZARDOUS MATERIALS EMERGENCY RESPONSE PLAN AND PROCEDURES MANUAL
Section 10.20.2.9 - RESPONSIBILITY
Current through Register Vol. 35, No. 18, September 24, 2024
Authority and responsibility shall be consistent with the legislative intent of the Emergency Management Act and the procedures developed pursuant to that act. General responsibility shall be:
A. State government: State government shall have primary responsibility for management of a hazardous materials incident.
B. Local government: Local governments shall assist the state in performing emergency response functions in respective jurisdictions. Local governments may enter into cooperative agreements with the state for management of hazardous materials incidents, in accordance with Section VII [now 10.20.2.13 NMAC] of this plan.
C. Federal government: Federal government shall have primary responsibility for weapons-related shipments. In addition, it shall act as an additional resource to the state when the state has determined that its capability has been exceeded. If the state requests assistance in carrying out its emergency management responsibilities regarding a WIPP-related emergency, the U.S. department of energy has agreed to provide all appropriate and reasonably available federal emergency response resources at the earliest possible time. It will continue to provide those resources until all significant radiological risks have been eliminated and damages mitigated to the maximum extent practicable.
D. Industry: Industry shall be responsible for notifying the appropriate state authorities of an incident; providing expertise to federal, state and local emergency response personnel; providing equipment and personnel for cleanup of the incident site; reimbursing state and local emergency response agencies as appropriate; and providing any other assistance consistent with the Emergency Management Act.
