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31.1 Hazardous Materials Staffmg and Assignments A. The parties have agreed to maintain the"Company" concept of the Haz-Mat team(i.e. Captain, Engineer, Firefighter/Paramedic and Firefighter). The maximum number of Haz-Mat team members per shift is five (5). Four (4) of the team members (Haz-Mat Captain, Engineer, Firefighter/Paramedic and Firefighter) are assigned to the designated Haz-Mat station. The fifth team member,determined by Department seniority, is not rank specific and may be assigned to the Haz-Mat station based on organizational need using the bid process whenever possible. B. The four (4) team member positions (Haz-Mat Captain, Engineer, Firefighter/Paramedic, and Firefighter) at the designated Haz-Mat Station will only be filled and back-filled by Haz-Mat Team members or individuals holding the appropriate Haz-Mat certification. C. Procedures regarding staffing, assignments, training, withdrawal and other Haz-Mat specific topics are included in the Department's Haz-Mat program policy. 31.2 Compensation Personnel assigned to the Hazardous Materials Response Team will be compensated at five percent(5%) above their respective base rates of pay, subject to MOU Section 5.1. 31.3 Withdrawal Process A Haz-Mat team member as defined in Section 31.1 shall be permitted to withdrawal from the Haz-Mat program following one (1) year of Haz-Mat service and with the approval of the Fire Chief. Withdrawal from the Haz-Mat program is governed by the Department's Haz-Mat program policy. Section 32. Separability of Provisions Should any provision of this MOU be rendered unlawful or unenforceable by any subsequent legislative enactment, state regulation or by a court of competent jurisdiction only that provision of the MOU shall be null and void, and all other provisions of the MOU shall not be affected and shall remain in full force and effect. 43