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1999 Wisconsin Attorney General Reports and Opinions 1 (1999)

handle is hein.sag/sagwi0026 and id is 1 raw text is: STATE OF WISCONSIN DEPARTMENT OF JUSTICE JAMES E. DOYLE 114 East, State Capitol ATTORNEY GENERAL P.O. Box 7857 Madison, WI 53707-7857 Burneatta L. Bridge Deputy Attorney General May 20, 1999 OAG 1-99 Mr. Donald J. Peterson Corporation Counsel Columbia County Post Office Box 256 Portage, WI 53901 Dear Mr. Peterson: You indicate that Columbia County, the city of Portage and numerous towns within the county have entered into an agreement in order to execute the Local Emergency Planning Committee (LEPC)' Plan for Hazardous Materials (HAZ-MAT') Response Services mandated by Wis. Stat. § 166.20. The agreement provides fiscal resources for the LEPC Plan, contains provisions for reimbursement by local units of government to the county and designates the city's HAZ-MAT Response Team as the county HAZ-MAT Response Team. Under the agreement, the HAZ-MAT Response Team designated by the county is to provide assistance upon the request of a local unit of government in connection with any Level B release that occurs within the geographic boundaries of the requesting local unit. Emergency response services are provided only to local units that sign the agreement. Each local unit is responsible to contract and pay for additional support services necessary to facilitate a response by the HAZ-MAT Response Team. Examples of such support services include the costs associated with obtaining such items as backhoes and bulldozers. The agreement requires each requesting local unit to indemnify and hold the city harmless for all claims not covered by the city's insurance policy. It also requires each requesting local unit to waive any and all claims against the city for acts of the HAZ-MAT Response Team except for those claims involving the city's own negligent acts. The requesting local unit is also required to indemnify the city if the requesting local unit fails to provide reasonable and necessary support services to the HAZ-MAT Response Team. The requesting local unit assumes responsibility for losses or claims concerning personal injury or property damage involving the HAZ-MAT Response Team that are not attributable to HAZ-MAT Response Team's own negligence and that are in excess of the city's insurance policy limits. The requesting local unit must hold the city and county harmless from certain third party actions. Because of liability concerns, one town within the county has refused to sign the agreement. 'These committees and their place within the governmental structure are discussed in 81 Op. Att'y Gen. 17 (1993).

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