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BY-LAWS OF LOCAL EMERGENCY PLANNING ... - Dauphin County

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<strong>BY</strong>-<strong>LAWS</strong><br />

<strong>OF</strong><br />

<strong>LOCAL</strong> <strong>EMERGENCY</strong> <strong>PLANNING</strong> COMMITTEE <strong>OF</strong> DAUPHIN COUNTY<br />

I. Establishment and Functions of Local Emergency Planning Committee<br />

A. Establishment of Committee<br />

1. This Committee is established in accordance with the requirements of<br />

Title III Superfund Amendments, Reauthorization Act of 1986 (SARA,<br />

Title III) and Pennsylvania Act 1990-165, Hazardous Materials<br />

Emergency Planning and Response Act.<br />

2. This Committee be composed of the county emergency management<br />

coordinator, one county commissioner and at least one person<br />

selected from each of the following groups;<br />

Group 1<br />

Group 2<br />

Group 3<br />

Group 4<br />

Group 5<br />

Group 6<br />

Group 7<br />

Elected Official<br />

law enforcement, first aid, health,<br />

local environmental, hospital or<br />

transportation personnel.<br />

Firefighting personnel<br />

Civil Defense or emergency<br />

management personnel.<br />

Broadcast or print media<br />

Community Group Representative<br />

Owners or operators of facilities<br />

subject to the requirements of<br />

SARA, Title III<br />

3. The Manager of Operations, Emergency Management Agency shall<br />

chair the committee and the Director, Emergency Management Agency<br />

shall be appointed as vice-chairman. The Assitant Manager of<br />

Hazarous Materials Programs, Emergency Management Agency will<br />

accomplish the duties of the Public Information Officer.<br />

4. Nominees selected by the LEPC must be approved by the county<br />

commissioners. A letter of recommendation will be forwarded to the<br />

commissioners office for review at the county commissioners meeting<br />

and voted upon.<br />

B. Purpose of the Committee<br />

1. Make, amend and repeal bylaws and other procedures in order to carry<br />

out the duties, requirements and responsibilities IAW SARA, Title III<br />

and Pennsylvania Act.


These duties include:<br />

a. Preparing, approving, and reviewing (on an annual basis)<br />

an emergency response plan for each qualifying SARA,<br />

Title III facility within <strong>Dauphin</strong> <strong>County</strong>.<br />

b. Submitting initial copies of each emergency response<br />

plan to the Pennsylvania Emergency Response Commission<br />

for review.<br />

c. Publishing an annual notice of its public information<br />

procedures for use by the general public.<br />

d. Establishing procedures to receive, store, and retrieve<br />

material safety data sheets, chemical inventory forms,<br />

and all other applicable documents.<br />

e. Establish procedures to respond to public requests, for<br />

information.<br />

f. Oversee and approve expenditures from the <strong>County</strong><br />

Hazardous Materials Emergency Response Account<br />

consistent with the needs identified in the Hazardous<br />

Materials Response Team fiscal budget.<br />

g. Review and approve <strong>County</strong> Hazardous Materials<br />

Emergency Response Team (HMRT) policies and<br />

legal actions required to recover response costs for<br />

volunteer emergency service organizations.<br />

h. Approve/Disapprove nominees to the county<br />

Hazardous Materials Response Team.<br />

II.<br />

Emergency Notification Requirements<br />

A. The owner or operator of any facility in <strong>Dauphin</strong> <strong>County</strong> that is<br />

subject to the emergency notification requirements of Section<br />

304 of SARA Title III shall report the release of any extremely<br />

hazardous substance or other hazardous chemical that<br />

exceeds the reportable quantity to the <strong>Dauphin</strong> <strong>County</strong><br />

Emergency Management Offices 24-hour response number,<br />

(717) 558-6900. The notification shall contain the following<br />

information.<br />

1. The chemical name or identity of any substance involved in<br />

the release.<br />

2. An indication of whether the substance is on the list of<br />

SARA extremely hazardous substances or some other federal or<br />

state list of hazardous materials as periodically amended.<br />

3. An estimate of the quantity of any such substance that was


eleased into the environment.<br />

4. The time and duration of the release.<br />

5. The medium or media into which the release occurred.<br />

6. Any known or anticipated acute or chronic health risks<br />

associated with the emergency and, where appropriate, advice<br />

regarding medical attention necessary for exposed individuals.<br />

7. Proper precautions to take as a result of the release, including<br />

evacuation (unless such information is readily available to the<br />

community emergency coordinator pursuant to the emergency plan)<br />

and the proposed response to the incident.<br />

8. The name and telephone number of the person or persons to be<br />

contacted for further information.<br />

9. Any future additional information as required by federal or state<br />

law.<br />

B. A second notification shall be made to the Pennsylvania Emergency<br />

Management Agency which acts as the emergency response coordinator<br />

for the state. The notification shall contain the information set forth above.<br />

This notification shall be made within one (1) hour of the occurrence of the<br />

release the by either the spiller or the countys emergency response staff<br />

as agreed upon at the time of the initial notification.<br />

C. Written Notification Within five calendar days after a release which<br />

required notice under paragraph A, the owner or operator of the facility<br />

shall provide a written follow-up emergency notice to the <strong>Dauphin</strong> <strong>County</strong><br />

Emergency Management Agency and the Pennsylvania Emergency<br />

Management Agency as required by Section 304(c) of SARA, Title III.<br />

The notice shall contain the following information.<br />

1. Actions taken to respond to and contain the release.<br />

2. Any known or anticipated acute or chronic health risks associated with<br />

the release; and<br />

3. Where appropriate, advice regarding medical attention necessary for<br />

exposed individuals.<br />

D. Notification of a transportation-related release, including the requirement<br />

to submit a written follow-up notice, is satisfied by dialing 911 and<br />

providing the release information as described in 40 CFR section<br />

355.40(b)(2) to the telecommunicator


III<br />

Public Meetings and Information<br />

A. Meetings<br />

1. The LEPC shall meet on the first Thursday on alternating months,<br />

unless other wise changed at the call of the Chairperson. Meetings will<br />

be held in the Emergency Operations Center.<br />

2. A quorum will consist of a majority of the committee members present<br />

for meetings.<br />

3. Appointed members of the LEPC may select a proxy to fulfill the<br />

quorum requirement.<br />

a. A letter appointing the proxy must be in writing, and must be dated<br />

and signed by the committee member.<br />

b. Unless indicated otherwise, the term of a proxy is 11 months from<br />

issuance.<br />

4. A phone-in vote may be used to break a tie vote in the event a quorum<br />

was established. Due to the delay in reaching the member/proxy for a<br />

decision, the final result of the vote may not be determined until after<br />

the meeting. In such an event, the results of the vote will be mailed to<br />

each committee member.<br />

5. Notice of public meetings will be in accordance with the states<br />

Sunshine Laws. A meeting announcement will be submitted to the<br />

Patriot news and additional media annually.<br />

B. Public Meetings to Discuss Emergency Response Plans and Public<br />

Comments.<br />

1. Members of the general public are welcome to attend meetings<br />

of the Committee.<br />

2. During the course of each meeting time will be allocated for<br />

comments.<br />

3. Any public comments concerning the preparation, review, or<br />

exercise of any emergency response plan that requires<br />

committee action will be responded to in writing.<br />

C. Distribution of Emergency Response Plans<br />

1. Each emergency response plan prepared by or for the<br />

Committee will be made available to the general public for<br />

review during normal working hours at <strong>Dauphin</strong> <strong>County</strong><br />

Emergency Management Agency, Administrative Office.


2. Upon receiving a written request for a copy of a plan, the LEPC<br />

will forward a copy of the plan to the requestor within 30 days of<br />

its receipt of the written request. The official mailing address of<br />

the LEPC will be:<br />

Chairman, <strong>Dauphin</strong> <strong>County</strong> Local Emergency Planning Committee<br />

c/o <strong>Dauphin</strong> <strong>County</strong> Emergency Management Agency<br />

911 Gibson Blvd.<br />

Steelton, PA. 17113-1899<br />

Phone (717) 558-6800<br />

FAX (717) 558-6850<br />

3. Costs associated with copying and mailing the plan will be paid<br />

in advance by the requestor.<br />

D. Procedures for Receiving and Processing Other Public Information<br />

Requests.<br />

1. Each material safety data sheet or list of chemicals, chemical inventory<br />

forms, toxic chemical release form, or follow-up emergency notice<br />

submitted to the LEPC, will be made available to the general public for<br />

review at the location listed in paragraph C above.<br />

2. In response to Sections 324 and 301 of the Emergency Planning and<br />

Community Right-to-Know Act, the <strong>Dauphin</strong> <strong>County</strong> Local Emergency<br />

Planning Committee has set forth the following guide-lines in regard to<br />

requests for information by the public. Should any member of the<br />

community make a request, the following procedures will be taken:<br />

1) The request will be made in writing;<br />

2) The person making the request must include a self-addressed<br />

stamped envelope;<br />

3) Included in the request must be the requestors name and a<br />

daytime phone;<br />

4) The cost of reproducing will be $.50 per page;<br />

5) Should the request be made for information not in the<br />

possession of the LEPC, the request will be forwarded to a<br />

representative of the facility that is the subject of the of the<br />

request.<br />

6) Each request will be responded to within 30 days;


7) All request made to the <strong>Dauphin</strong> <strong>County</strong> LEPC will be<br />

handled by <strong>Dauphin</strong> <strong>County</strong> Emergency Management<br />

Agency, address all requests to:<br />

<strong>Dauphin</strong> <strong>County</strong> LEPC<br />

c/o <strong>Dauphin</strong> <strong>County</strong> Emergency Management Agency<br />

911 Gibson Blvd<br />

Steelton, PA . 17113<br />

ATTEST: <strong>Dauphin</strong> <strong>County</strong> Local Emergency Planning Committee<br />

By: __________________________________<br />

Date: ________________<br />

Title: Chairman, <strong>Dauphin</strong> <strong>County</strong> LEPC<br />

By: __________________________________<br />

Date: ________________<br />

Title: Vice-Chairman, <strong>Dauphin</strong> <strong>County</strong> LEPC<br />

By: __________________________________<br />

Date: ________________<br />

Title: Public Information Officer, <strong>Dauphin</strong> <strong>County</strong> LEPC

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