DERA

DESIGNATED EMERGENCY RESPONSE AUTHORITY (DERA)


§29-22-102 (1), C. R. S., provides for the designation of emergency response authorities for hazardous substance incidents. Once designated, a DERA is responsible for providing and maintaining the capability for emergency response to a hazardous materials incident occurring within its jurisdiction. A DERA may provide and maintain that capability directly, or through mutual aid and other agreements. “Emergency response to a hazardous substance incident” means taking the initial emergency action necessary to minimize the effects of a hazardous substance incident. Initial emergency action to minimize the effects would ordinarily include confining, containing and controlling the product involved.



Though circumstances may arise where the identification of a DERA may be difficult, those circumstances should be few and unique. The identification of a DERA can normally be determined by relying on the following general principles:

 

1. Where a spill/discharge actually occurs will determine the DERA. Where the events leading to the spill/discharge began is not relevant.

 

2. The Patrol is the DERA for spills/discharges that occur within the boundaries of any publicly maintained highway not within a municipality’s corporate limits.



3. For spills/discharges that occur within the limits of a town, city, or city and county, the fire department is ordinarily the DERA. That designation should be done by ordinance or resolution. In the absence of such action the fire department is the DERA by default. However, another entity may be designated the DERA by ordinance or resolution.



4. Except for those spills/discharges that occur within the boundaries of any publicly maintained highway or within the limits of a municipality, the sheriff is ordinarily the DERA. That designation should be done by ordinance or resolution. In the absence of such action the county sheriff is the DERA by default. However, another entity may be designated the DERA by ordinance or resolution.



Note: By agreement, the Patrol is not the DERA for spills/discharges occurring within the boundaries of publicly maintained highways in Arapahoe, Larimer and Mesa Counties.



5. Spills/discharges occurring on private property are the responsibility of the property owner, who must either notify the pertinent DERA (municipal or county) and coordinate a response or effect a response independently.