***Provided courtesy of: Sedgewick County Department of Emergency
Management, Wichita, Kansas.***

Chapter 9 DISASTER MANAGEMENT, EMERGENCY INTERIM SUCCESSION, ETC.\*

\*Cross reference(s)\--Administration, Ch. 2.

State law reference(s)\--County home rule powers, K.S.A. 19-101,
19-101a, 19-212; emergency preparedness for disasters, K.S.A. 48-904 et
seq.; emergency relocation of site of government, K.S.A. 48-1401 et seq.

ARTICLE I. IN GENERAL

Sec. 9-1. Sedgwick County Department of Emergency Management.

> \(a\) Created. There is hereby created and established the Sedgwick
> County Department of Emergency Management in lieu of that previously
> known as the department of disaster management and all administrative
> supervision and control of the former office and function of the
> department of disaster management is hereby transferred to and
> conferred upon the department of emergency management.
>
> \(b\) Administration. The department of emergency management shall be
> under the administration of the county manager pursuant to section
> 2-91 of the Sedgwick County Code.
>
> \(c\) Director. There is hereby created the position of director of
> the department of emergency management. The director shall be
> responsible for emergency management coordination of responses to
> disasters, providing disaster planning and emergency services,
> preparation of all reports as required by the office of the adjutant
> general, division of emergency management to qualify county to receive
> federal aid, and shall furnish additional information relating thereto
> as requested by the office of the adjutant general, division of
> emergency management.
>
> \(d\) Limitations. Those responsibilities, duties and authority
> provided hereby shall be subject to, but not limited by state and
> federal laws, as follows:
>
> \(1\) Kansas Emergency Management Act, K.S.A. 48-904 et seq., as
> amended.
>
> \(2\) Kansas Emergency Planning and Community Right-to-Know Act,
> K.S.A. 65-5701 through 65-5711, and Superfund Amendments and
> Reauthorization Act of 1986 (SARA), Title III, Emergency Planning and
> Community Right-to-Know Act (EPCRA), Pub. L. 99-499.
>
> \(3\) Federal Civil Defense Act of 1950, Pub. L. No. 81-920, as
> amended.
>
> \(4\) Disaster Relief Act of 1974, Pub. L. No. 93-288, as amended, aka
> Robert T. Stafford Act (44 C.F.R.).
>
> \(5\) K.A.R. 56-2, Standards for Local Disaster Agencies.
>
> \(e\) Joint effort. The department of emergency management shall work
> in joint effort with federal, state and other local emergency
> management organizations in the event of a disaster as defined in
> K.S.A. 48-904(d) and according to the county emergency operations plan
> as approved by the office of the adjutant general, division of
> emergency management.
>
> (Res. No. 193-1988, §§ I, II, 8-17-88; Res. No. 255-1992, 10-28-92;
> Res. No. 147-1995, 6-14-95)

Cross reference(s)\--Departments, § 2-71 et seq.

State law reference(s)\--County disaster agencies, K.S.A. 48-929.

Sec. 9-2. Line of succession of commissioners during disaster.

The following line of succession is hereby established to serve as a
chain of command upon the occurrence of a disaster or imminent threat
thereof or attack upon the United States of America, and upon any one or
more of the county commissioners vacating the office, being absent from
the office or being unable to exercise the powers and discharge the
duties of office during such disaster or attack:

> \(1\) The then existing chairman and chairman pro tem positions shall
> remain effective;
>
> \(2\) Each of the remaining commissioners shall succeed to the chair
> in order of their commission district number, lowest district number
> succeeding first;
>
> \(3\) A majority of a number of commissioners less than five (5)
> remaining shall constitute a quorum, except that, when only two (2)
> commissioners remain, those two (2) shall constitute a quorum under
> the circumstances defined in this section;
>
> \(4\) If only one commissioner remains able to exercise the powers and
> discharge the duties of a commissioner, that commissioner shall
> exercise the powers and discharge the duties of the board of county
> commissioners;
>
> \(5\) If no commissioner remains, then the county manager shall
> succeed to the position of chairman and the county manager is hereby
> instructed to exercise the powers and discharge the duties of the
> board of county commissioners in a financially responsible manner
> beneficial to the public; and
>
> \(6\) Further, immediately upon the appointment or election and
> qualification of a successor to any and each of the commission
> districts, all powers and duties thereof shall be vested in those
> persons so appointed or elected, and the remaining county
> commissioners shall reassume their respective duties, and if the
> county manager had served as chairman the county manager shall resume
> the regular duties of the position of county manager.
>
> (Res. No. 222-1989, 7-12-89; Res. No. 231-1989, 7-19-89)
>
> Cross reference(s)\--Board of county commissioners, § 2-26 et seq.
>
> State law reference(s)\--Authority to provide for emergency interim
> successors during attacks, K.S.A. 48-1206.
>
> Secs. 9-3\--9-20. Reserved.
>
> ARTICLE II. PROVISIONS FOR THE RECOVERY OF EXPENSES OF THE COUNTY
> INCURRED IN EMERGENCY ACTIONS IN RESPONSE TO RELEASES OF MATERIAL INTO
> OR UPON THE ENVIRONMENT\*
>
> \*Editor\'s note\--Res. No. 232-1993, §§ 1\--5, adopted Dec. 29, 1993,
> amended the Code by adding provisions designated as §§ 9-3\--9-7. For
> the purposes of classification, said provisions have been redesignated
> as art. II, §§ 9-21\--9-25, at the discretion of the editor.

Sec. 9-21. Definitions.

For the purposes of this article, the following words and phrases shall
have the meanings respectively ascribed to them by this section:\]

Emergency action means all exigent activities conducted in order to
prevent or mitigate harm to the public health and safety or the
environment from a release or threatened release of any material into or
upon land, water or air.

Governmental entity means the County of Sedgwick, the City of Wichita,
the Wichita-Sedgwick County Hazardous Materials Response Team, Sedgwick
County Fire District Number One, and any entity responding under a
mutual aid agreement with the County of Sedgwick.

Person means any individual, corporation, association, partnership,
firm, trustee, legal representative, or any combination thereof.

Recoverable expenses means the full costs of the responding governmental
entity that are reasonable, necessary and allowable to an emergency
action. Recoverable expenses shall not include expenditures that are
incurred in the course of providing routine firefighting protection.
Expenses allowable for recovery may include, but are not limited to any
of the following or any combination thereof:

> \(1\) Disposable materials and supplies consumed and expended
> specifically for the purpose of the emergency action;
>
> \(2\) Compensation of employees for the time and efforts devoted
> specifically to the emergency action;
>
> \(3\) Rental or leasing of equipment used specifically for the
> emergency action (e.g., protective equipment or clothing, scientific
> and technical equipment);
>
> \(4\) Replacement costs for equipment owned by the governmental entity
> that is contaminated beyond reuse or repair, if the equipment was a
> total loss and the loss occurred during the emergency action (e.g.,
> self-contained breathing apparatus irretrievably contaminated during
> the response);
>
> \(5\) Decontamination of equipment contaminated during the response;
>
> \(6\) Special technical services specifically required for the
> response (e.g., costs associated with the time and efforts of
> technical experts or specialists not otherwise provided for by the
> governmental entities);
>
> \(7\) Other special services specifically required for the emergency
> action;
>
> \(8\) Laboratory costs of analyzing samples taken during the emergency
> action;
>
> \(9\) Any costs of cleanup, storage, or disposal of the released
> material;
>
> \(10\) Costs associated with the services, supplies and equipment
> procured for a specific evacuation of persons or property;
>
> \(11\) Medical expenses incurred as a result of response activities;
>
> \(12\) Legal expenses and administrative costs that may be incurred as
> a result of the emergency action, including efforts to recover
> expenses pursuant to this Code.
>
> Release means any spilling, leaking, pumping, pouring, emitting,
> emptying, discharging, injecting, escaping, leaching, dumping or
> disposing into or upon land, water or air, of any material which the
> county determines may be harmful to the public health and welfare or
> to the environment.
>
> Threatened release means any imminent or impending event potentially
> causing the governmental entities to undertake an emergency action.
>
> (Res. No. 232-1993, § 1(9-3), 12-29-93)

Sec. 9-22. Strict liability.

Any person causing or responsible for a release or threatened release
resulting in an emergency action shall be strictly liable to the
governmental entity for the recoverable expenses resulting from the
emergency action. There shall be a rebuttable presumption that any
person owning or controlling property causing a release or threatened
release is responsible for such release or threatened release.

(Res. No. 232-1993, § 2(9-4), 12-29-93)

Sec. 9-23. Recovery of expenses.

> \(a\) Determination of recoverable expenses. The staff of the
> governmental entities involved in the emergency action shall keep
> itemized records of their expenses resulting from the emergency
> action. Promptly after completion of the emergency action, staff shall
> certify those expenses for billing purposes to the city clerk, as
> billing party if the emergency action occurred within the city limits,
> or the county accounting office, as billing party if the emergency
> action occurred within the county.
>
> \(b\) Submission of claim. The city clerk, as billing party if the
> emergency action occurred within the city limits, or the county
> accounting office, as billing party if the emergency action occurred
> within the county, shall then submit a written itemized claim for the
> total certified expenses incurred by all governmental entities for the
> emergency action to the responsible party and a written notice that
> unless the amounts are paid in full to the billing party within thirty
> (30) days after the date of the mailing of the claim and notice, legal
> counsel for the billing party, or for any governmental entity involved
> in an emergency action, will file a civil action for the stated
> amount.
>
> \(c\) Lien on property. Any governmental entity involved in an
> emergency action may cause a lien in the amount of the recoverable
> expenses due to that governmental entity to be placed on any real
> property located within the county owned by the person causing or
> responsible for the emergency action.
>
> d\) Civil suit. Any governmental entity involved in an emergency
> action may bring a civil action for recovery of the recoverable
> expenses against any and all persons causing or responsible for the
> emergency action.
>
> \(e\) Distribution of monies recovered. Monies recovered under this
> subsection shall be credited to the appropriate funds of the
> governmental entity from which monies were expended in performing the
> emergency action.
>
> (Res. No. 232-1993, § 3(9-5), 12-29-93)

Sec. 9-24. Conflict with state or federal law.

Nothing in this section shall be constructed to conflict with state or
federal laws requiring persons causing or responsible for releases or
threatened releases from engaging in remediation activities and/or
paying the costs thereof.

(Res. No. 232-1993, § 4(9-6), 12-29-93)

Sec. 9-25. Release report required.

In the event a release occurs, the person causing or responsible for
such release shall immediately notify the governmental entity and
request emergency action. Failure of any person to report any release
shall be a class I violation of this Code.

(Res. No. 232-1993, § 5(9-7), 12-29-93)