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PENNSYLVANIA STATUTES
TITLE 35. HEALTH AND SAFETY
CHAPTER 29E. HAZARDOUS MATERIAL EMERGENCY PLANNING AND RESPONSE ACT
CHAPTER 2. HAZARDOUS MATERIAL PROTECTION
Date:
08/31/2009
Document:
§ 6022.201. Designation and functions of Pennsylvania Emergency Management Council
(a) COUNCIL.-- The Pennsylvania Emergency Management Council, established and organized under the act of November 26, 1978 (P.L. 1332, No. 323), known as the Emergency Management Services Code, is designated and shall constitute the Commonwealth's emergency response commission to carry out the responsibilities assigned to the Commonwealth by SARA, Title III, to develop overall policy and direction for a Statewide hazardous material safety program and to supervise and coordinate the responsibilities of the local emergency planning committees.
(b) MEMBERSHIP.-- The council shall be composed of the current members of the Pennsylvania Emergency Management Council as now provided by law and the Secretary of Labor and Industry.
(c) CHAIRPERSON.-- The Governor shall designate a member of the council to serve as chairperson of the council. In the absence of the chairperson, the director of PEMA shall serve as chairperson. The chairperson shall have the authority to assign, delegate or transfer tasks, duties and responsibilities to members of the council. The chairperson shall approve the appointment of members to the council who are designated by their respective department or office and authorized to fulfill the duties and responsibilities of the appointed member of the council.
(d) COMPENSATION AND EXPENSES.-- Members shall serve without compensation but shall be reimbursed for necessary and reasonable actual expenses, such as travel expenses, incurred in connection with attendance at council meetings.
(e) MEETINGS.-- For the conduct of routine or emergency business, the council shall meet at the call of the chairperson. Five members of the council shall constitute a quorum for the purpose of conducting the business of the council and for all other purposes. All actions of the council shall be taken by a majority of the council members present. The council shall be subject to 65 Pa.C.S. Ch. 7 (relating to open meetings).
(f) STAFF.-- The council shall supervise PEMA as its primary agent responsible for performing the functions and duties of the council established under this act. For this purpose, PEMA shall employ such professional, technical, administrative and other staff personnel as may be deemed essential to carry out the purposes of this act and the development and maintenance of a comprehensive Commonwealth hazardous material safety program and report directly to the council.
(g) POWERS AND DUTIES.-- The council shall have the duty and power to:
(1) Carry out all of the duties and responsibilities of a State
emergency response commission as specified in SARA, Title III.
(2) Promulgate as provided by law any rules and regulations necessary
to carry out and implement this act and SARA, Title III.
(3) Develop Commonwealth agency contingency plans relating to the
implementation of this act and SARA, Title III.
(4) Provide guidance and direction to counties for the implementation
of this act and SARA, Title III.
(5) Supervise the operation of local committees and ensure that local
committees meet all Federal and Commonwealth standards and requirements
as provided by law.
(6) Develop a Commonwealth comprehensive hazardous material safety
program.
(7) Delegate authority and assign primary responsibility to the
Department of Labor and Industry for receiving, processing and managing
hazardous chemical information forms and data, trade secrets and public
information requests under this act and in coordination with the act of
October 5, 1984 (P.L. 734, No. 159), known as the Worker and Community
Right-to-Know Act Emphasis should be given to electronically
processing the information reported under this act to maximize its use
in emergency response and to enhance its availability to the public.
(8) Delegate authority and assign responsibility to the Department of
Environmental Protection and the Department of Health for providing
technical advice and assistance consistent with established
departmental responsibilities in the alleviation of public health and
environmental hazards associated with hazardous material releases or
threatened releases of hazardous materials, including, but not limited
to, dispatching emergency response personnel to accident sites during
emergency situations when requested by PEMA. This act shall not affect
any existing authority these agencies have to respond to hazardous
material releases.
(9) Prescribe duties and responsibilities for Commonwealth agencies,
counties and local emergency planning committees to conduct
comprehensive emergency management activities consistent with this act.
(10) Prescribe standards for hazardous material response team training
or certification, the equipping of hazardous material response team
units and other matters involving hazardous material response
activities.
(11) Develop a public information, education and participation program
for the public and facility owners covering the requirements of this
act and the Worker and Community Right-to-Know Act and interpretation
of the chemical information collected under this act and the risks
those chemicals pose to the public health and environment.
(12) Develop a mechanism or guidelines for the use of local emergency
planning committees to act as boards of arbitration for resolving cost
recovery disputes concerning those costs defined in section 210(c)
that arise between a person who causes a release of a hazardous
material and the organizers of any certified hazardous material
response teams or emergency service organizations that responded to the
hazardous material release.
(13) Do all other acts and things necessary for the exercise of the
powers and duties of the council and for the implementation of this act
and SARA, Title III.
(h) COUNCIL EXPENSES.-- The council shall develop a specific operating budget to implement the provisions of this act which shall be submitted separately by PEMA with its regular budget each year, subject to the requirements of section 207.
(i)DELETED BY ACT 2000, DEC. 20, P.L. 885, NO. 121, IMD. EFFECTIVE.
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