Oil and Hazardous Substance Incident Contingency Plan

Oil and Hazardous Substance Incident Contingency Plan State Emergency Response Team SERT Document Control #45-05-30-98-07-21

ALERTING AND NOTIFICATION INFORMATION FLOW DNREC 1 Hazardous Substance Incident reported to Fire Department 2 DEMA Responds to Incident Adjoining State counties and state environmental response agencies notified if actual or potential impact Federal On-scene Coordinator notified for the area involved. Emergency Reporting Center (ERC) 911 The ERC may implement a SERT Level I response if the potential or actual existence of a hazardous substance other than oil, gasoline or other petroleum product is confirmed. DNREC notified. The Fire Officer-in-Charge implements a SERT Level I response if the petroleum spill exceeds 500 gallons. Requests DNREC response through the ERC. Implements a SERT Level I response if the potential or actual existence of a hazardous substance other than oil, gas, or other petroleum product is confirmed. Requests DNREC response through the ERC. NOTES: 1) DNREC/ERB may implement a SERT Level I, II, III, or Federal Response. 2) If conditions warrant, the Fire Officer-in-Charge may implement a SERT Level II or III. Requests DNREC response through the ERC if clean up is required, the spill exceeds 25 gallons, and/or the petroleum product has the potential to reach ground or surface water.

SERT Level of Response Site Manager/ SERT Level Responders On Scene Coordinator HazMat Officer SERT Level I Declaring Authorities Emergency Reporting Center Fire Officer-in-Charge DNREC Local Fire Department DNREC (Delaware State Fire School, if requested) Fire Officer in Charge DNREC SERT Level II Declaring Authorities Fire Officer-in-Charge DNREC Local Fire Department DNREC Delaware State Fire School Div. Public Health (Other Resources as Determined by FOIC) Fire Officer in Charge DNREC SERT Level III Declaring Authorities Fire Officer-in-Charge DNREC Delaware State Fire School DNREC Delaware State Police DEMA DHSS, Div. of Public Health Local & County Governments DEMA DNREC Federal Response Declaring Authorities DNREC/USCG/EPA DEMA Delaware State Fire School DNREC Delaware State Police DEMA DHSS, Div. of Public Health Local & County Governments Federal agencies as required State/Federal Implement National Response Plan State/Federal

TABLE OF CONTENTS 1.0 PLANNING BASIS... 1 1.1 PURPOSE... 1 1.2 OBJECTIVE... 1 1.3 AUTHORITY... 2 1.4 ASSUMPTIONS... 2 2.0 SCOPE... 3 2.3 DEFINITIONS... 4 3.0 CONCEPT OF OPERATIONS... 7 3.1 PRE-EMERGENCY... 8 3.1.1 PREPAREDNESS... 8 3.1.2 TRAINING... 8 3.1.3 EQUIPMENT... 8 3.1.4 MEDICAL SURVEILLANCE.... 8 3.1.5 RESPONSE INFORMATION... 9 3.2 EMERGENCY RESPONSE... 9 3.3 POST EMERGENCY... 9 4.0 ORGANIZATION... 10 4.1 GENERAL... 10 4.2 SERT MEMBERS... 11 4.3 REPORTING REQUIREMENTS... 12 4.4 FEDERAL FUNCTIONS... 13 5.0 SERT DUTIES AND RESPONSIBILITIES... 15 5.1 DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL... 15 5.2 DELAWARE EMERGENCY MANAGEMENT AGENCY... 17 5.3 DIVISION OF PUBLIC HEALTH... 17 5.4 DELAWARE STATE POLICE... 18 5.5 DELAWARE STATE FIRE SCHOOL... 19 5.6 CITY/COUNTY GOVERNMENT... 20 iii SERT, December 2003

TABLE OF CONTENTS 6.0 PROCEDURES... 20 6.1 PLANNING... 20 6.1.1 GENERAL... 20 6.1.2 STATE... 21 6.1.3 FEDERAL... 21 6.2 ALERTING AND NOTIFICATION... 21 6.2.1 GENERAL... 21 6.2.2 INFORMATION FLOW... 22 6.3 ASSESSMENT... 24 6.4 TERMINATION... 25 6.4.1 EMERGENCY PHASE... 25 6.4.2 RESTORATION PHASE... 25 6.5 CRITIQUE... 26 7.0 FUNDING... 26 7.1 STATE FUNDS... 26 7.1.1 HAZARDOUS SUBSTANCE RESPONSE FUND... 26 7.1.2 HAZARDOUS WASTE/GROUNDWATER REVOLVING FUND... 27 7.1.3 HAZARDOUS SUBSTANCE CLEANUP FUND... 27 7.2 FEDERAL FUNDS... 27 7.2.1 SUPERFUND... 27 7.2.2 OIL SPILL LIABILITY TRUST FUND (OSLTF)... 28 ANNEX A. SERT ALERT LIST B. OTHER RESOURCES C. MULTI-HAZARD DECONTAMINATION PLAN APPENDIX 1 - ON-SCENE ASSESMENT APPENDIX 2 - ON-SCENE DECONTAMINATION iv SERT, December 2003

HAZARDOUS SUBSTANCES INCIDENT CONTINGENCY PLAN 1.0. PLANNING BASIS 1.1 PURPOSE The purpose of this plan is to establish the State of Delaware policy and emergency response organization for responding to a broad class of hazardous substance incidents. It identifies state, county and federal responsibilities designed to minimize damage to human health, natural systems and property caused by the release or potential release of hazardous substances as defined in this plan. 1.2 OBJECTIVE The objectives of this plan are: 1.2.1 To save lives, reduce injuries, and minimize property/ environmental damage in the event of an incident involving hazardous substances. 1.2.2 To minimize exposure of emergency workers to hazardous substances. 1.2.3 To describe pre-emergency preparations, concept of operations, organization, Scene Management System, protective actions and supporting systems required to implement this plan. This will include: Delineation of responsibilities of each participating state/county and federal agency and their relationships to the total effort; and Establishment of lines of authority and coordination when the plan is in effect. Page 1 of 28

1.3 AUTHORITY The hazardous substance response team member agencies are authorized to undertake mitigation activities pursuant to: 7 Del. C. 6005(c), 6204, 6308, 7406 and 9106 - Division of Air & Waste Management - Department of Natural Resources and Environmental Control (DNREC) 11 Del. C. 8302 - Delaware State Police 16 Del. C. 104, 122, 125 - Division of Public Health 16 Del. C. 6613, 6701-A - Delaware State Fire Service 20 Del. C. 3101-3130 - Delaware Emergency Management Agency CERCLA 104(d)(1) 42 USC 9604(d)(1) Comprehensive Environmental Response, Compensation, and Liability Act of 1980. 1.4 ASSUMPTIONS 1.4.1 Incidents involving hazardous substances may occur at either a fixed location or as transportation related incident. In the normal course of events, the incident can be expected to be reported to a fire and/or police emergency reporting center, and/or the DNREC twenty-four hour Environmental Emergency Notification and Complaint Number. Commonly, the normal initial response consists of the local fire department supported by one or more police agencies and/or DNREC. In a majority of the instances, the incident is brought to a successful conclusion by the responding fire department and/or DNREC which may or may not be supported by preassigned mutual aid departments. Page 2 of 28

2.0 SCOPE 1.4.2 In some instances the incident may require a much greater assignment of mutual aid departments, support agencies, and technical assistance which may exceed the capability of the local and county resources. In other instances, the incident may be a long-term clean-up problem, which is not immediately dangerous to life and health, thus not requiring the long-term commitment of fire department personnel. This plan is based on the assumption that a local Fire Officer-in-Charge will normally be at the scene of a hazardous substance incident with the authority of controlling and directing the scene (16 Del. Code Section 6701-A). The plan is intended to support the local level effort and when necessary provide for the orderly transition of authority from the Fire Officerin-Charge to the State of Delaware. 2.1 Hazardous substance incidents differ from other emergencies because of the wide diversity of causative factors and the pervasiveness of the potential threat. The circumstances and geographic features in the vicinity of incidents vary greatly. Incidents may occur at fixed facilities where site specific contingency plans may be developed. They may also occur along any land, water, or air transportation routes in unpredictable areas relatively inaccessible by ground transportation. 2.2 In Delaware, the majority of hazardous substance incidents are handled prior to their becoming a disaster. Nevertheless, the emergency organization needs to be flexible in its response to a developing incident. This plan is designed to accommodate both the large number of relatively routine minor releases and a disastrous hazardous substance incident. It has been developed to allow concepts used in handling other types of emergencies to be used for a hazardous substance incident as well. Page 3 of 28

2.3 DEFINITIONS 2.3.1 Delaware Emergency Notification System (DENS) - The system is an automated telephone notification system that provides a means of statewide public emergency notification. DENS can be activated through the County 911 Centers. 2.3.2 Emergency A condition resulting from the release of a hazardous substance into the environment which poses an actual or potential risk to human life or health or to the environment from situations such as: Human, animal, or food chain exposure to contaminating substances; Contamination of drinking water supply; Contamination of air; Fire and/or explosion; or Similarly acute situations. 2.3.2 Emergency Reporting Center (911) - A county or local level fire and/or police reporting centers staffed on a 24-hour basis. 2.3.3 Environmental Emergency Notification and Complaint Number (800) 662-8802 - DNREC s twenty-four hour reporting center for releases of specific pollutants, air contaminants and release reports from EPA, U.S. Coast Guard (Philadelphia, Baltimore, National Response Center, etc.), adjoining states and other external organizations. Delaware Reportable Quantities, exceedences of Delaware water and air discharge permits, Hazardous Substances (CERCLA), and Extremely Hazardous Substances (EPCRA) releases must all be reported to this number. Page 4 of 28

2.3.4 Federal On-Scene Coordinator - The person responsible for implementing the Area Contingency Plan and coordinating onscene operations of all federal, state/county and local agencies engaged in response to hazardous substance incidents. 2.3.5 Federal Regional Response Team - Group of pre-designated individuals representing local, state and federal agencies with hazardous substance responsibilities which supports the federal response under coordination of the Federal On-Scene Coordinator. 2.3.6 Fire Officer-in-Charge - The fire chief, any other elected or appointed fire line officer, or any member serving in the capacity of Fire Officer-in-Charge. 2.3.7 Hazardous Substance - Any substance and/or material designated as hazardous under Section 101(14) or Section 102 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 USC Section 9601(14) as amended by Superfund Amendments and Reauthorization Act (SARA) and Section 104 of the Hazardous Materials Transportation Act (49 USC Section 1801), State of Delaware Transportation Act, Del 29-8223, and Delaware Hazardous Substance Cleanup Act (7 Del. Code Chapter 91). Oil, gasoline, and other petroleum products are considered to be hazardous substances for the purpose of this plan. 2.3.8 Incident - Any occurrence involving hazardous material that causes the use of emergency resources. SERT Level I Response for Hazardous Materials. Consists of the local Fire Department and DNREC. (Delaware State Fire School, if requested by DNREC or the Fire Officer-in-Charge) DNREC is Site Manager/HazMat Officer for the Fire Officerin-Charge. The Fire Officer-in-Charge is in charge of the scene. Page 5 of 28

SERT Level II Response for Hazardous Materials. Consists of the local Fire Department, DNREC, Delaware State Fire School, Division of Public Health, plus selected resources as determined by the Fire Officer-in-Charge. DNREC is Site Manager/HazMat Officer for the Fire Officer-in-Charge. The Fire Officer-in-Charge is in charge of the scene. SERT Level III Response for Hazardous Materials. This is a full SERT response incident. DEMA assumes the role of State On-Scene Coordinator in accordance with the provisions of this plan. DNREC acts as the Site Manager/HazMat Officer. Federal Response for Hazardous Materials. This response would include Federal or out of state resources as requested by DNREC or DEMA. Such resources may include Federal agencies and Regional Response Teams. 2.3.9 Incident Management System - A standard system for organizing state/county agency response to a hazardous substance incident. 2.3.10 Release (of a hazardous substance) - Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment. 2.3.11 Scene - Overall area of the emergency incident. 2.3.12 SERT Incident - Any hazardous substance incident response involving SERT member agencies. 2.3.13 Site - The immediate problem area within the scene causing the emergency. 2.3.14 State Emergency Response Team (SERT) - Group of individuals representing the various predesignated state/county agencies with hazardous substance responsibilities, which implements the Incident Management System at the scene of a hazardous substance release. Page 6 of 28

2.3.15 State On-Scene Coordinator - The person responsible for ensuring implementation of the Incident Management System to plan and coordinate scene operations of all state/county agencies engaged in response to a hazardous substance incident. 2.3.16 State Site Manager/Hazardous Materials (HazMat) Officer - The DNREC representative responsible for managing the hazard assessment, containment, control, stabilization, and remediation activities, assuring site safety, and coordination with industry, state and federal counterparts. 2.3.17 Unified Command System (UCS) A combination of organizations joining forces in response to a major hazardous substance incident. Elements of the UCS include a Federal On-Scene Coordinator, neighboring state(s) government representatives, a responsible party(s), and the individual Incident Command System (ICS s) for each of the organizations. In the event that the Unified Command cannot agree on objectives, strategy, or priorities, the Fire Officer-in-Charge has the authority and responsibility to make any final decision. 3.0 CONCEPT OF OPERATIONS This section describes how the emergency organization would function and carry out tasks necessary for response to hazardous substance incidents including (as sub-categories) oil spills, chemical spills, toxic disasters, terrorism, and other releases in various geographic locations. It addresses activities that must take place before, during, and after an incident. It is intended to facilitate a coordinated response to hazardous substance incidents through state/county and federal capabilities and resources. During the incident, state/county interagency coordination at the scene will be accomplished by the Fire Officer-in-Charge (Levels I and II) or the State On-Scene Coordinator (Level III and Federal Response) using the Incident Management System. Page 7 of 28

3.1 PRE-EMERGENCY 3.1.1 Preparedness Preparation for coping with hazardous substance incidents requires joint cooperative efforts of numerous agencies. Each agency should take such steps to ensure that it can carry out its responsibilities during hazardous substance incidents in an efficient and effective manner. The Delaware Emergency Management Agency will coordinate State emergency planning in accordance with this plan. 3.1.2 Training Safe and coordinated response to a hazardous substance incident requires the application of specialized techniques and organizational concepts. In general, individual organizations are responsible for tactical training in accordance with the assigned roles in the emergency organization. A state program will be developed to educate and train local and state response personnel. It will be structured to provide training in accordance with the assigned roles in the emergency organization. All SERT responders shall receive Incident Management System training. 3.1.3 Equipment Each agency will be responsible for the maintenance of the equipment, which may be called upon during an incident. Each SERT agency will maintain an inventory of response equipment and supplies, for their respective agency. 3.1.4 Medical Surveillance Each agency shall be responsible for medical surveillance for their personnel based on their job description, potential for exposure to hazardous substances and level of personal protection equipment to be used in performing their job per OSHA 1910.120. Page 8 of 28

3.1.5 Response Information CAMEO (Computer Aided Management of Emergency Operations) shall be the standard used by SERT agencies for SERT planning and response activities. 3.2 EMERGENCY RESPONSE 3.2.1 The emergency response portion of this plan is activated when notification of a hazardous substance incident is received by an emergency reporting center (911) or DNREC s Environmental Emergency Notification and Complaint Number. 3.2.2 Government notification of a hazardous substance release is mandatory under several state and federal statutes (for example, CERCLA Section 103, RCRA Section 3002, Clean Water Act Section 308(a), Delaware Hazardous Waste Management Act 7 Del. C. Section 6305, and Delaware Hazardous Materials Transportation Act 29 Del. C. Section 8226), not all of which are consistent as to their definitions of reportable materials. To ensure timely response, all release of substances which may be hazardous should be reported promptly along with the quantity spilled. 3.2.3 The activities of state and county agencies at the scene of a hazardous substances incident are to be controlled in accordance with the Incident Management System to ensure the smooth integration of resources. 3.2.4 The dispatch of County Decontamination Units will be based on County operational procedures. Dispatch for SERT Level III will be as requested by the by the FOIC, if not on scene. 3.3 POST EMERGENCY 3.3.1 DNREC will take such steps as are necessary and coordinate with all appropriate parties or agencies to ensure restoration of the scene to a normal condition after the emergency. Steps to be taken will vary depending on the situation. Page 9 of 28

3.3.2 The Division of Public Health and DNREC have the responsibility for maintaining surveillance of the scene, and ensuring adherence to applicable regulations prior to closing the file and making a written report. DNREC has the responsibility for oversight of the scene and coordination with all parties involved (property owners, responsible party, municipality, private citizens, federal agencies, neighboring states, etc.). 3.3.3 A critique of the incident may be held at the request of any participating SERT member. 4.0 ORGANIZATION 4.1 General 4.1.1 The organizations described in this plan support the State of Delaware policy to promote standardization in dealing with hazardous substance incidents. A scene management system will be used as a tool for coordination and control of state activities in response to hazardous substance incidents. 4.1.2 The state/county organization which will respond to a hazardous substance incident is structured to alter its capabilities in response to the type of incident which triggers activation. Thus, for a major incident, the state would provide a multi-agency response. For a minor incident, the state could respond with routine actions of one or two emergency agencies. 4.1.3 State response is effected by the SERT through the Incident Management System under the State On-Scene Coordinator or Fire-Officer-in-Charge. 4.1.4 Coordination with the federal government will be accomplished on a case-by-case basis between the State Site Manager/HazMat Officer and Federal On-Scene Coordinator. Page 10 of 28

4.1.5 The Incident Management System is intended to be operated by qualified personnel from the State Emergency Response Team (SERT). The functions can best be executed by personnel experienced in dealing with major resource applications who are trained and designated by their respective agencies. 4.1.6 The SERT will staff the Incident Management Team during SERT Level III or Federal Response events. This team shall provide technical advice, operating personnel and equipment, whenever the team or any portion thereof is activated in response to a hazardous substance incident. 4.2 State Emergency Response Team (SERT) Members: The SERT will be composed of the State and local government agencies listed below: 4.2.1 A designee from the Delaware Emergency Management Agency (DEMA), to act as State On-Scene Coordinator, coordinating the actions of all state agencies during a Level III or Federal Response incident. In accordance with these duties, the designee will also have the authority to call on any agency or resource within the state and/or federal assistance. 4.2.2 A designee from DNREC to act as Site Manager/HazMat Officer to direct and coordinate on-site operations and the handling and removal of hazardous substances. The Site Manager/HazMat Officier operates from the incident site. The designee will communicate with the Fire Officer-in-Charge (Level I - II) or the On- Scene Coordinator (Level III - Federal Response) and may coordinate with Federal On-Scene Coordinators or their representatives, responders from neighboring states and industrial response teams. 4.2.3 A designee from the Division of Public Health, to provide technical expertise in the protection of human health. 4.2.4 A designee from the Delaware State Police, to protect life and property. Page 11 of 28

4.2.5 A designee from the Delaware State Fire School, to mitigate the danger of fire and explosion. 4.2.6 A designee from the county government and/or local municipality to be liaison to local emergency response infrastructure. 4.3 Reporting Requirements 4.3.1 State Reporting Requirements: Delaware s release or discharge reporting requirements are established under Title 7, Chapter 60 of the Delaware Code and require that releases to the environment must be reported to DNREC. Section 6028 of Chapter 60 specifies that, Any person who causes or contributes to the discharge of an air contaminant into the air or a pollutant including petroleum substances into surface water, groundwater, or on land, or disposal of solid wastes, in excess of any reportable quantity specified under either regulations implementing Section 102 of the Federal Comprehensive Environmental Response Compensation and Liability Act of l980, as amended, Section 311 of the Clean Water Act of l980 as amended, or Department regulations, whichever are more strict, shall report such an incident to the Department at such person s earliest opportunity after said discharge has occurred. DNREC is also responsible for receiving release reports under 7 Del. Code 6210, releases of hazardous substances (CERCLA), and releases of extremely hazardous substances (EPCRA), along with the Delaware Reportable Quantities under 7 Del. Code 6028. The DNREC s twenty-four hour incident/release reporting telephone numbers are: (800) 622-8802 (in state only) and (302) 739-5072. 4.3.2 County Reporting Requirements: Contact statewide Emergency Reporting Centers (911). Page 12 of 28

4.3.3 Facilities Reporting Requirements: Facilities will notify the Community Emergency Coordinators of the Local Emergency Planning Committee (LEPC) of any release above the DE reportable quantities. Notification will be made to a toll free telephone number, established for facility chemical release reporting. The toll free number is 1-866-274-0884. 4.4 Federal Response 4.4.1 In the event of a major incident, Federal response may be activated by contacting the National Response Center (NRC), 1-800-424-8802. Should conditions warrant, the Regional Response Team may be activated by the Department of Natural Resources and Environmental Control pursuant to Section 302.3 of the National Contingency Plan. State coordination with the RRT will include liaison between the Site Manager/HazMat Officer and the Federal On-Scene Coordinator. 4.4.2 When a harmful amount of hazardous substance has been released into the environment, federal law requires the spiller to report releases of certain substances immediately to the National Response Center (NRC). The NRC records the report; can provide basic information on what to do and what not to do for specific chemicals; and alerts the Federal On-Scene Coordinator, who may set the regional or national response mechanisms into action. NRC incident notification reports actually or potentially impacting Delaware are immediately telefaxed to DNREC s twenty-four-hour dispatch center and relayed to the DNREC Site Manager/HazMat Officer. The Site Manager/HazMat Officer then coordinates with the appropriate U.S. Coast Guard or EPA FOSC as necessary. Federal response to a hazardous substance incident will vary according to the nature of the incident. Many different agencies may be involved, and the agency responsible for coordinating Federal activities depends on the circumstances. Page 13 of 28

4.4.3 U.S. Coast Guard (USCG) and U.S. Environmental Protection Agency (US-EPA) Pollution incidents involving oil and hazardous substances are covered by the National Contingency Plan. This plan specifies the Federal On-Scene Coordinator for Coastal Zone incidents as the Coast Guard, and for Inland Waters as the EPA. In Delaware, EPA has jurisdiction over all land and waters west of Route 9 and Route 113. The Coast Guard has jurisdiction over all land and waters east of Route 9 and Route 113, including the north and south shores of the Chesapeake and Delaware (C&D) Canal and areas around Seaford. US-EPA and the Coast Guard responsibilities lie in assuring the protection of the environment from all types of contaminating substances. (The single exception is that US-EPA has jurisdiction over a Hazardous Waste Management Facility.) The Coast Guard operates the National Response Center and maintains substantial capability to contain and clean up polluting substances within the Coastal Zone. Either agency may activate the federal response system described in the National Contingency Plan for pollution incidents in its respective realm. In such cases federal assistance in handling the emergency will be coordinated with the Site Manager/HazMat Officer. 4.4.4 Federal Emergency Management Agency (FEMA) FEMA is responsible for administering a Federal Disaster Assistance Program in affected areas after a declaration of a major disaster has been requested by the Governor and declared by the President under the authority of Public Law 93-288, as amended by P.L. 100-707. A hazardous substance incident could cause sufficient damage to merit a Presidential Declaration. However, Federal Disaster Assistance is authorized only when it is determined by the President that the situation is of such severity and magnitude that effective response is beyond the capabilities of the State and that federal disaster assistance is necessary. FEMA coordination will be requested by DEMA. Declared hazardous material and oil spill disasters are coordinated under the National Contingency Plan as part of the National Response Plan. Page 14 of 28

5.0 SERT Duties and Responsibilities: In addition to providing representation to the State Emergency Response Team, member agencies shall assume the following duties and responsibilities: 5.1 Department of Natural Resources and Environmental Control (DNREC) 5.1.1 DNREC shall assume the role of Site Manager/HazMat Officer. Safety - Establish and direct on-site activities concerning technical matters; e.g. site safety, determination of needed resources, accumulation of information, interaction with support agencies. Environmental Science - Responsible for directing, coordinating or conducting activities related to site scientific evaluations, i.e. hazardous identification, identification of potential hazard receptors, interpretation of data, developing and/or approving sampling plans, conducting sampling, planning remedial actions and providing guidance to the OSC. Technical Services - DNREC offers the following: Laboratory Services, Groundwater Assessments, Surface Water Assessments, Atmospheric Monitoring and Industrial Information. Incident Mitigation - Conduct or oversee containment and control of hazard(s), i.e. patching, repairing, diking, etc. Decontamination - Conduct, support or oversee decontamination. Enforcement - Investigate and enforce all State Environmental Laws and some Federal Laws. DNREC can coordinate enforcement with Federal Enforcement Agencies (FBI, DEA, EPA, U.S. Coast Guard, NCIS, AFOSI, DCIS). Page 15 of 28

Responsible Party - Require party responsible for an incident to take action, or in the absence of a cooperative responsible party or due to the lack of a responsible party (i.e. Abandoned drums, fugitive spills, etc.) DNREC will take appropriate actions or involve other agencies such as EPA or the U.S. Coast Guard. Coordination - Coordinate with or involve other personnel, programs or organizations (i.e. product specialists, contractors, vendors, federal agencies, neighboring states and counties, etc.) in site operations as necessary. Record Keeping - Maintain incident reports and statistics for SERT and Non-SERT incidents that DNREC responds. 5.1.2 Notify the Duty Officer of the Delaware Emergency Management Agency, advising of the report of an incident, which may impact public safety and should be reported to the Department of Safety and Homeland Security and the Governor. 5.1.3 In situations involving radioactive materials, the DNREC Emergency Response Branch will respond. As overall authority during such an incident, the DNREC responder(s) shall assess the extent and type of radiological contamination and make recommendations on actions to be taken. The DNREC responder(s) may ask for assistance from the Division of Water Resources, the Delaware Emergency Management Agency (DEMA), and the Division of Public Health, through the SERT Plan. 5.1.4 Implementation of the State Radiological Incident Response Plan. 5.1.5 Coordinate response to a radiological situation. Page 16 of 28

5.2 Delaware Emergency Management Agency (DEMA): 5.2.1 Provide guidance on the emergency response system. 5.2.2 Coordinate with DNREC to notify and alert state, county and federal agencies regarding a Hazardous Substance incident. 5.2.3 Coordinate public information for press releases with the media as well as state, county and federal agencies. 5.2.4 Assume role of State On-Scene Coordinator during a Level III and Federal Response. 5.2.5 Maintain communications with Governor s Office. 5.2.6 Operate the State of Delaware Emergency Operations Center (STATE EOC). 5.2.7 In situations involving radioactive materials, the Delaware Emergency Management Agency (DEMA) may be requested to provide assistance to the DNREC Emergency Response Branch. 5.2.8 Coordinate revision, publication, and distribution of the State Radiological Incident Response Plan. 5.3 Division of Public Health (DPH) 5.3.1 Coordinate all identified emergency health services. 5.3.2 Provide On-Scene Public Health Coordinator Services. 5.3.3 Recommend Implementation - Delaware Emergency Operations Plan, Emergency Support Function 8 - Public Health and Medical Services. 5.3.4 Provide nursing assistance to the Red Cross in shelter areas. Page 17 of 28

5.3.5 Maintain Public Health statistics and medical surveillance records as obtained. 5.3.6 Coordinate and direct all Health Science activities: Assess the health risks of the incident to workers and the public and make recommendations to the On-Scene Coordinator to minimize or prevent exposure from data provided by DNREC or other sources. Locate and survey drinking water supplies in order to determine whether sampling, testing, and/or restricted actions need to be implemented. Locate and assess affected food supplies and issue restrictions or condemnation orders, if necessary. Coordinate the sanitary inspection of emergency housing and/or shelters established for evacuees. Coordinate the sanitation aspects of the supply, distribution, and disposal methods of emergency food and water rations to citizens and emergency staff. Provide emergency public health education on procedures for water, food, and shelter protection. Assist in consulting and evaluating the available data from DNREC or any other source in the determination of the health risk. 5.4 The Delaware State Police (DSP) shall: 5.4.1 Maintain a 24-hour, 7 days a week emergency response telephone contact number for reporting of hazardous substance incidents. 5.4.2 Enforce laws, rules and regulations to maintain law and order. 5.4.3 Coordinate and liaison with local Police agencies. Page 18 of 28

5.4.4 Control traffic, regulate ingress and egress. 5.4.5 Assist in supporting other agencies. 5.4.6 Maintain appropriate inventories of police resources for accomplishment of operational responsibilities. 5.4.7 Provide a member to State Emergency Response Team with a rank of Lieutenant or above. 5.5 Delaware State Fire School (DSFS) Upon being appropriately informed as to a hazardous substance incident involving the assistance of Fire and/or Ambulance companies, the following actions may be taken by the Director or his designee. 5.5.1 Coordinate the State Emergency Response Team needs, suggestions or input with the Fire Officer-in-Charge. 5.5.2 Act as the liaison between the State Emergency Response Team and the local fire department officers until the transition of authority and liability from the Fire Chief to the State through the Incident Management System. 5.5.3 Facilitate the smooth transition of control and liability from the Fire Officer-in-Charge to the State through the Incident Management System. 5.5.4 Request additional assistance from the State Emergency Response Team members to obtain supplemental support for the Fire and/or Ambulance Companies effort. 5.5.5 Act as the liaison between the State Emergency Response Team and the local fire department officer should the services of the fire department be needed after the initial transition of authority. 5.5.6 Become the On-Site Fire Coordinator for the State. Page 19 of 28

5.6 City/County Government: 5.6.1 Serve as liaison between the On-Scene Coordinator and the local emergency response services. 5.6.2 Coordinate with the On-Scene Coordinator to communicate with the local governing body the extent and scope of the incident. 5.6.3 Coordinate resources of local government. 6.0 PROCEDURES 6.1 PLANNING 6.1.1 General Plans are required which designate the authority, organization, responsibilities, functions and operations of government at state, county and federal levels to deal with hazardous substance incidents affecting the public. Because most incidents are small, the State Emergency Response Team s involvement will be limited, and mobilization of all agencies will not normally occur. Nevertheless, because large incidents do occur, and the potential exists for catastrophic developments from small incidents, agencies must have plans which will prepare them to address major incidents in a coordinated and effective way. The Incident Management System described in this plan establishes a means for coordinating and managing state agency activities at the scene of an incident. However, for the Incident Management System to function properly the various units of government at all levels must understand both the system and the roles of other agencies in the hazardous substance incident response. Page 20 of 28

6.1.2 State The Delaware Emergency Management Agency is responsible for planning at the state level and, in conjunction with all affected agencies, is responsible for the development and maintenance of this Delaware Oil and Hazardous Substance Incident Contingency Plan. 6.1.3 Federal The National Oil and Hazardous Substances Pollution Contingency Plan, 40 CFR 300, outlines the federal framework for response to hazardous substance incidents. The Federal plan has recently been updated to reflect the changes brought about by the Resources Conservation and Recovery Act (RCRA) and the Superfund Act (CERCLA), SARA, and the Oil Pollution Act (OPA). The Environmental Protection Agency and the Coast Guard are the two primary agencies with responsibilities for hazardous substance response. Each of these agencies has developed Area Contingency Plans for hazardous substance incident response and both have mandates for ensuring their plans are coordinated with state and local plans. In addition, under 44 CFR 351, the Federal Emergency Management Agency is responsible for providing assistance to state and local governments in the preparation, review and testing of plans for response to transportation related radiological incidents. 6.2 ALERTING AND NOTIFICATION 6.2.1 General Alerting includes all initial actions necessary to notify state, county, local, neighboring states and federal response and involved regulatory agencies that a hazardous substance incident has occurred. As soon as possible after an occurrence, response agencies should be provided with enough information to assess the magnitude, nature and consequences of the incident so they can Page 21 of 28

quickly determine appropriate actions. Alerting and notification procedures are provided on a 24-hour per day basis through the Fire and Police Emergency Reporting Centers (911), including activation of the Delaware Emergency Notification System (DENS). DNREC will alert counties in adjacent states and statelevel environmental response agencies in neighboring states for hazardous substance releases in Delaware that may actually or potentially impact those states. DNREC will also notify the appropriate FOSC for the area involved. 6.2.2 Information Flow A hazardous substance incident may occur virtually anywhere and can first be observed by almost anyone. The first person becoming aware of an incident should contact the local Emergency Reporting Center for the particular jurisdiction in which the release is reported. The dispatcher shall follow standard operating procedures to dispatch emergency response personnel to the scene in accordance with the reported nature of the incident. If an incident is reported directly to DNREC, they shall notify the appropriate county Emergency Reporting Center. DNREC will alert DEMA, counties in adjacent states, and state-level environmental response agencies in neighboring states for hazardous substance releases in Delaware that may actually or potentially impact those states. DNREC will also notify the appropriate FOSC for the area involved. If an incident is reported directly to the fire department, the fire department shall notify the county fireboard. 6.2.3 As soon as the potential or actual existence of a release involving oil, gasoline or other petroleum products is confirmed, the Emergency Reporting Center follows standard operating procedures and notifies the appropriate fire department. If it is determined by the Fire Officer-in-Charge that the petroleum spill does not exceed 500 gallons, the Fire Officer-in- Charge will maintain command and control of the incident and follow normal operating procedures to bring the incident to a successful conclusion. Page 22 of 28

If clean up is required, the spill exceeds 25 gallons, and/or the petroleum has the potential to reach ground or surface water; the Fire Officer-in-Charge notifies DNREC. If it is determined by the Fire Officer-in-Charge that the petroleum spill exceeds 500 gallons, the Fire Officer-in-Charge shall implement a Level I Response for Hazardous Materials. DNREC shall respond and serve as Site Manager/HazMat Officer for the Fire Officer-in-Charge. If requested, a Delaware State Fire School representative shall respond and serve as advisor to the Fire Officer-in-Charge. The Fire Officer-in-Charge is the On-Scene Coordinator and maintains full authority for directing the activities at the scene. If conditions warrant, the Fire Officer-in-Charge may implement a Level II or Level III for Hazardous Materials. 6.2.4 If the potential or actual existence of hazardous substances other than oil, gasoline or other petroleum product is confirmed by the Fire Officer-in-Charge or the Emergency Reporting Center, a Level I Response for Hazardous Materials shall be implemented. DNREC shall respond and serve as the Site Manager/HazMat Officer for the Fire Officer-in-Charge. If requested, a Delaware State Fire School Representative will respond and serve as advisor to the Fire Officer-in-Charge. The Fire Officer-in-Charge is the On-Scene Coordinator and maintains full authority for controlling and directing the activities at the scene. If conditions warrant, the Fire Officer-in-Charge may implement a Level II or Level III for hazardous substances. Page 23 of 28

6.2.5 The Fire Officer-in-Charge upon arrival at the scene of any Hazardous Substance Incident may immediately implement a Level III Response for Hazardous Materials, if deemed necessary. 6.2.6 DNREC upon arrival at the scene of any Hazardous Substance Incident, in the absence of a Fire Officer-in-Charge, may immediately implement a Level I, Level II, Level III, or Federal Response for hazardous substances, if deemed necessary. 6.2.7 If the incident requires emergency public notification, the Fire Officer-in-Charge may contact the County 911 Center to initiate a Delaware Emergency Notification System (DENS) message. 6.3. ASSESSMENT 6.3.1 When the assessment is made by the Fire Officer-in-Charge that a Level III Response for hazardous materials is necessary, the State On-Scene Coordinator shall assume command and relieve the Fire Officer-in-Charge from the authority, responsibility, liability and control and coordination of the incident. The Fire Officer-in- Charge shall continue to have full authority of the fire department personnel, equipment and operations after the transfer of authority to the SERT has occurred. 6.3.2 The responding state/county agencies will assess, within their respective fields of expertise, the following items: The threat to human life posed by the incident; The threat of environmental degradation; The type and amount of emergency resources already on the scene; The type and amount of emergency resources needed. Page 24 of 28

6.3.3 In the event an operational decision must be made which balances immediate loss of human life against environmental degradation, priority shall be given to the protection of human life. 6.3.4 DEMA will facilitate obtaining additional resources from support agencies if required, after the SERT on-scene assessment has been performed. 6.3.5 If a question arises concerning the decision made by the site manager by those agencies that are under his direction, the question should be referred to the On-Scene Coordinator. 6.3.6 Become the On-Site Fire Coordinator for the State. 6.4 TERMINATION 6.4.1 Emergency Phase The emergency phase of a SERT incident is considered concluded when there is no longer an immediate or significant risk of harm to human life, health, safety or to the environment from such situations as: (1) human, animal or food chain exposure to acutely toxic substances; (2) contamination of drinking water supply; (3) contamination of air; (4) fire and/or explosion; (5) similarly acute situations; (6) when the SERT determines that emergency services are no longer appropriate; or (7) when DNREC, EPA or U.S. Coast Guard assumes remedial response activities. 6.4.2 Restoration Phase Remedial activities may continue after the necessity for emergency response has concluded. The Department of Natural Resources and Environmental Control and the Division of Public Health may continue to monitor and assess any remaining threat to health or to the environment, and may take appropriate action to restore the incident site to its original condition. Page 25 of 28

6.5 CRITIQUE 7.0 FUNDING A critique of the incident may be held at the request of any member of the SERT that has participated in a SERT Level II, III, or Federal Response. Upon request, DEMA will provide a meeting place and provide an afteraction report. 7.1 STATE FUNDS 7.1.1 Hazardous Substance Spill Cleanup Revolving Fund 29 Del. Code 8231. The State will establish a revolving fund, to be known as the Hazardous Substance Response Fund consisting of such amounts as may be appropriated by the General Assembly, and such amounts as may be recovered from the parties responsible for a hazardous substance incident. All relevant costs of the Contingency Plan operation shall be funded through the Fund. The liability of the State shall be limited to the funds available in the Fund. Expenditures from the Trust Fund Expenditures from the Fund may be made only by the Secretary of Safety and Homeland Security or the Secretary s designee. In the event of a minor incident (requiring $10,000 or less for clean up), all clean-up costs which cannot be recovered from the responsible party shall be paid from the Fund. These costs include, but are not limited to: All costs of removal incurred by the State; Page 26 of 28

Any other necessary costs of response incurred by any other person consistent with this plan, including the FOIC; and Damages for injury to, destruction of, or loss of natural resources, including the reasonable cost of assessing such injury, destruction or loss resulting from such a release. In the event of a major incident, expenditures necessary to initiate response and handle the emergency phase and the restoration phase as defined within this plan shall be paid from the Fund. 7.1.2 Hazardous Waste/Groundwater Revolving Fund - 7 Del. Code 6308(5.) DNREC is responsible for this fund. 7.1.3 Hazardous Substance Cleanup Fund - 7 Del. Code 9113 DNREC is responsible for this fund. 7.2 FEDERAL FUNDS 7.2.1 Superfund The State may, on a case-by-case basis, enter into a contract with the Federal Government (EPA) in accordance with Section 104(a) of the CERCLA (42 USCS Section 9604(a)) to provide support services for the Federal Regional Response Team. The State may enter into a cooperative agreement with the Federal Government, in accordance with Section 104(d) of the CERCLA (42 USCS Section 9604(d)) to provide for reimbursement of the State for emergency response costs, site restoration costs and claims for injury to, or destruction of, natural resources resulting from major hazardous substance incidents. Page 27 of 28

DNREC is responsible for requesting assistance from and coordinating with EPA on incident-specific funding and response issues. Section 123 of the Superfund Amendments and Reauthorization Act of 1986 (SARA) authorized EPA to reimburse local governments for expenses incurred in carrying out temporary emergency measures in response to hazardous substance threats. These measures must be necessary to prevent or mitigate injury to human health or the environment from a release or threatened release of a hazardous substance, pollutant, or contaminant. Releases of petroleum are excluded from this rule and certain other conditions must be met. Information on accessing this fund can be obtained through the RCRA/ Superfund Hotline (800/424-9346 Monday-Friday 0900-1800 hrs EST) or by contacting DNREC s Environmental Response Branch. 7.2.2 Oil Spill Liability Trust Fund (OSLTF) Under the Oil Pollution Act of 1990 (OPA), Federal funds are available through the OSLTF to pay for immediate oil spill removal and for uncompensated damages. States can access the OSLTF by acting as a contractor to the Federal On-Scene Coordinator during an oil spill or using a claims process after a spill. DNREC is authorized to access the OSLTF. Page 28 of 28

NOTE: Telephone contact Procedures: ANNEX A SERT ALERT LIST To confirm or seek information about a SERT response, SERT members should contact KENT CENTER at 678-9111 and ask to speak with the Fire Dispatcher. IDENTIFY (1.) WHO YOU ARE. (2.) WHAT YOU WANT. For further information, if necessary, contact the local COUNTY EMERGENCY REPORTING CENTER (NEW CASTLE, KENT, SUSSEX) at the following telephone numbers: NEW CASTLE COUNTY: (302) 571-7949/7331 KENT COUNTY: (302) 678-9111 SUSSEX COUNTY: (302) 855-7803 Community Emergency Coordinator (facilities reporting to LEPCs) 24 Hour (866) -274-0884 Delaware Emergency Management Agency 24 Hour (877) SAY DEMA (729-3362) Daytime (302) 659-DEMA (3362) Department of Natural Resources & Environmental Control 24 Hour Release Reporting INSTATE ONLY (800) 662-8802 24 Hour Release Reporting (302) 739-5072 Division of Public Health 24 Hour (302) 247-4689 (beeper) or (302) 744-4700 (answering service) Daytime (302) 744-4540 or 4700 Police Emergency Reporting Centers - 24 hours 911 Delaware State Fire School 24 Hour Thru Kent County 911 Fire Dispatch Center Annex A, December, 2003 Page 1 of 2

New Castle County Emergency Coordinator 24 Hour Central Dispatch 911 Center (302) 573-2855 24 Hour Fire Call Board (302) 738-3131 & (302) 571-7949 New Castle County Executive 24 Hour(302) 571-7502 or (302) 395-5102 Kent County Emergency Coordinator 24 HourThru Kent County 911 Fire Dispatch Center Kent County Administration 24 HourThru Kent County 911 Fire Dispatch Center Sussex County Emergency Coordinator 24 Hour (302) 855-7803 Sussex County Administration 24 Hour (302) 855-7803 Wilmington Emergency Coordinator 24 Hour (302) 654-5151 City of Wilmington - Mayor s Office 24 Hour (302) 654-5151 Newark Emergency Coordinator 24 Hour (302) 366-7111 Annex A, December, 2003 Page 2 of 2

ANNEX B OTHER RESOURCES PUBLIC -PRIVATE - NON-PROFIT ORGANIZATIONS American Red Cross 24 Hour (800) 777-6620 Chesapeake Utilities 24 Hour (302) 734-6730 ChemTrec 24 Hours (800) 424-9300 Civil Air Patrol Day (302) 736-6603 Night (302) 632-8510 Conectiv 24 hour (800) 375-7117 Delaware Petroleum Council Daytime (302) 734-7455 Home (302) 674-1246 Car Phone (302) 270-5287 Delaware Fire Service: New Castle County Fire Companies 911 Wilmington Fire Department 911 Kent County Fire Companies 911 Sussex County Fire Companies 911 Dover Air Force Base Fire Department 677-4420 Delaware State Fire Marshal 24 Hour Thru Kent County 911 Fire Dispatch Center Department of Transportation 24 Hour (302) 698-6808 Delaware Headquarters National Guard 24 Hour (302) 326-7085/6 Annex B, December, 2003 Page 1 of 2