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TC Ord. No. 1983-320 0 TOWN OF AVON ORDINANCE NO. 83-32 SERIES 1983 AN ORDINANCE AMENDING THE PROVISIONS OF THE MUNICIPAL CODE RELATING TO EMERGENCY RESPONSE AUTHORITY FOR HAZARDOUS SUBSTANCE INCIDENTS OCCUR- RING WITHIN THE CORPORATE LIMITS OF THE TOWN OF AVON. WHEREAS, Section 29-22-101 et seq., C.R.S. 1973, has been amended in a manner which requires the within amendment to the Municipal Code of the Town of Avon, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO AS FOLLOWS: Section 1. Section 8.20.010 of the Municipal Code of the Town of Avon shall be and hereby is amended to read as follows: 8.20.010 Definitions. As used in this chapter, the phrases "hazardous substance" and "hazardous substance incident" shall be defined as follows: (A) "Hazardous substance" means any sub- stance, material, waste, or mixture designated as a hazardous material, waste, or substance accord- ing to 49 Code of Federal Regulations Part 172, as amended, or by section 18-13-112 (2) (b), C.R.S. 1973, or as designated pursuant to the federal "Comprehensive Environmental Response, Compen- sation, and Liability Act of 1980" (PL 96-510) as in effect July 1, 1983. (B) "Hazardous substance incident" means any emergency circumstance involving the sudden discharge of a hazardous substance which, in the judgment of an emergency response authority, threatens immediate and irreparable harm to the environment or the health and safety of any individual other than individuals exposed to the risks associated with hazardous substances in the normal course of their employment. "Hazardous substance incident" includes those incidents of spilling, dumping, or abandonment of a hazardous substance, whether or not such spilling, dumping, or abandonment is found to threaten immediate and irreparable harm, but such term does not include 0 0 any discharge of a hazardous substance authorized pursuant to any federal, state, or local law or regulation. Section 2. Section 8.20.020 of the Municipal Code of the Town of Avon shall be and hereby is amended to read as follows: 8.20.020 Emergency response authority designated. Pursuant to Section 29-22-102(3), C.R.S. 1973, as amended, the fire department of Avon and Eagle-Vail Metropolitan Districts is designated as the emergency response authority for hazardous substance incidents occurring within the corporate limits of the town. Section 3. The Town Council hereby finds, deter- mines and declares that this ordinance is necessary for the general health, safety and welfare of the community. Section 4. This Ordinance shall be published and become effective as provided by law. INTRODUCED, PASSED ON FIRST READING, APPROVED, AND ORDERED POSTED, this 26th day of July, 1983 and a public hearing on the Ordinance shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the 9th day of August, 1983, at 7:30 P.M. in the Municipal Offices of the Town. S Allan 1. Nottin Allan R. Notting am, Mayor ATTEST: envy Bell, puty Town Clerk - INTRODUCED, PASSED ON SECOND READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, this 9th day of August , 1983. This Ordinance will become effective on a,ipust. lb.~ 1983. Allan R.,Nottingham/Mayor Patricia J. lWyle, Town 0:7/27/83 -2- STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, AT 7:,30 P.M. ON THE 9TH DAY OF AUGUST, 1983, AT THE MUNICIPAL BUILDING, I 400~BENCHMARK ROAD, AVON, COLORADO FOR THE,PURPOSE OF CONSIDERING THE ADOPTION OF.ORDINANCE NO. #83-32, SERIES =0F .1983,: AN ORDINANCE AMENDING THE PROVISIONS OF THE MUNICIPAL CODE RELATING TO EMERGENCY RESPONSE AUTHORITY FOR HAZARDOUS SUBSTANCE INCIDENTS,. OCCUR- RING WITHIN,THE CORPORATE-LIMITS OF THE TOWN OF AVON A copy of said ordinance is attached heret6 and is also on file at the office of the Town Clerk and may be inspected during regular business hours. Following this hearing the Council'may consider final passage of this ordinance. This notice given and passed by order of the Town Council of the Town of Avon, Colorado. Dated this 27th day of July, 1983. TOWN OF AVON, COLORADO "*7~ ; Patricia J. Dg#le, Town flerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JULY 27, 1983. THE MAIN'ENTRANCE OF THE POST OFFICE,' THE ENTRANCE TO CITY MARKET, THE PESTER GAS STATION; AND THE MAIN LOBBY IN THE MUNICIPAL BUILDING