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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:
§ 6022.203. Establishment and functions of local emergency planning committees
(a) LOCAL EMERGENCY PLANNING COMMITTEES.-- In order to carry out the provisions of Federal and Commonwealth law, a minimum of one local emergency planning committee shall be established in each county. The local committee shall elect a chairman from among its members. The local committee shall be subject to the supervision of the council and shall cooperate with the county emergency management agency and SARA facilities to prepare the emergency response plans required by section 303 of SARA, Title III, for facilities where extremely hazardous chemicals are present.
(b) MEMBERSHIP.-- A local committee shall be composed of the county emergency management coordinator, one county commissioner and at least one person selected from each of the following groups:
(1) Elected officials representing local governments within the county.
(2) Law enforcement, first aid, health, local environmental, hospital
and transportation personnel.
(3) Firefighting personnel.
(4) Civil defense and emergency management personnel.
(5) Broadcast and print media.
(6) Community groups not affiliated with emergency service groups.
(7) Owners and operators of facilities subject to the requirements of
SARA, Title III.
(c) COORDINATOR.-- The county emergency management coordinator, as supervised by the county commissioners, shall have the lead responsibility for ensuring that the plans and activities of the local committee comply with SARA, Title III, this act, and other applicable statutes and laws.
(d) APPOINTMENT.-- The members of a local committee shall be appointed by the council from a list of nominees submitted by the governing body of the county. The list of nominees shall contain the names of at least one person from each of the groups enumerated in subsection (b). Upon the failure of the governing body of a county to submit a list of nominees to the council within a time fixed by the council, the council may appoint members at its pleasure.
(e) VACANCIES.-- As soon as practicable after the occurrence of a vacancy, the council shall appoint, in the manner provided in subsection (d), a successor member to a local committee for the remainder of the unexpired term of the member for which the vacancy exits. A vacancy shall occur upon the death, resignation, disqualification or removal of a member of a local committee.
(f) MEETINGS.-- For the conduct of routine or emergency business, the local committee shall meet at the call of the chairperson. A majority of the members of the local committee, or such other number of members of the local committee as set by the local committee, shall constitute a quorum for the purpose of conducting the business of the local committee and for all other purposes. All actions of the local committee shall be taken by a majority of the local committee members present. The local committee shall be subject to 65 Pa.C.S. Ch. 7 (relating to open meetings).
(g) DUTIES.-- A local committee shall have the duty and authority to:
(1) Make, amend and repeal bylaws and other procedures in order to
carry out the duties, requirements and responsibilities of a local
committee as set forth in SARA, Title III, and as required by the
council.
(2) Take appropriate actions to ensure the implementation and updating
of the local emergency response plans required by this act.
(3) Report to the council on alleged violations of this act.
(4) Prepare reports, recommendations or other information related to
the implementation of this act, as requested by the council.
(5) Meet, when appropriate, with any Commonwealth agency or local or
regional agency which is empowered to exercise the governmental
functions of planning and zoning, to regulate land use and land use
development, or to authorize the siting of a facility within the county
to discuss and review with the Commonwealth agency and local agency all
mitigation factors necessary to protect the health, safety and welfare
of the general public from a potential release of hazardous materials
from a proposed facility. Mitigation factors include, but are not
limited to, environmental impacts, shelter and evacuation feasibility,
emergency warning and communications, availability of response
equipment and future population and economic growth in the area of the
proposed facility.
(6) Accept and deposit into its county Hazardous Material Emergency
Response Account any grants, gifts or other funds received which are
intended for the purpose of carrying out this act.
(h) EXPENSES.-- The administrative and operational expenses of a local committee may be paid through a combination of sources by the county from the fees collected by the county, from grants received from the council in accordance with the provisions of sections 207 and 208, respectively, or by accepting private donations.
(i) AGENCY AND COMPENSATION FOR INJURY.-- A member of a local committee shall be an agent of the council and shall be deemed a duly enrolled emergency management volunteer for the purposes of 35 Pa.C.S. § 7706 (relating to compensation for accidental injury).
(j) ADVISORY CAPACITY.-- The local committee may perform other emergency management advisory duties as requested by county elected officials.
(k) PLAN PROVISIONS.-- Each emergency plan shall include, but not be limited to, each of the following:
(1) Identification of the facility subject to the requirements of
section 303 of SARA, Title III, within the county, identification of
routes likely to be used for the transportation of substances on the
list of extremely hazardous substances and identification of additional
facilities contributing or subjected to additional risk due to their
proximity to the facility subject to the requirements of this section,
such as hospitals or natural gas facilities.
(2) Methods and procedures to be followed by facility owners and
operators and local emergency and medical personnel to respond to any
release of such substances.
(3) Designation of a county emergency management coordinator and
facility emergency coordinators, who shall make determinations
necessary to implement the plan.
(4) Procedures providing reliable, effective and timely notification by
the facility emergency coordinators and the county emergency management
coordinator to persons designated in the emergency plan, and to the
public, that a release has occurred, consistent with the notification
requirements of section 304 of SARA, Title III.
(5) Methods for determining the occurrence of a release, and the area
or population likely to be affected by such release.
(6) A description of emergency equipment at each facility in the county
subject to the requirements of this section, and an identification of
the persons responsible for such equipment and facilities. The
facility's equipment list shall be included in the plan. Community
equipment lists may be maintained in the county/municipal emergency
operations centers.
(7) Evacuation plans, including provisions for a precautionary
evacuation and alternative traffic routes.
(8) Refer to the location of training programs, including schedules for
training of local emergency response and medical personnel.
(9) Refer to the location of schedules for exercising the emergency
plan.
(10) The latitude and longitude of the facility.
(11) The vulnerability radius for each extremely hazardous substance
that meets threshold planning quantity requirements.
(12) All appropriate response organizations that would likely be called
to the facility in the event of an emergency.
(13) The location, quantity and type of any extremely hazardous
substance that meets the threshold planning quantity at the facility.
(14) A standard list of information to be collected for each emergency
in the initial notification system.
(15) A statement the local emergency planning committee will review the
results of emergency response activities and hazardous material
exercises to incorporate relevant adjustments to the plan.
(l) MENTORING COUNCIL.-- Nothing in this act shall prohibit the creation of an additional voluntary council formed for the purpose of furthering education and outreach to facilities to ensure awareness of and have access to safety tools and resources necessary to effectively implement and comply with the requirements of this act.
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