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Southeast
Regional Local Emergency Planning Committee
Article I - Name
The name
of this organization shall be the “Southeast Regional Local Emergency
Planning Committee”, hereinafter referred to as “SERLEPC”.
Article II - Purpose
A. To carry out for the jurisdictional and certain extra
territorial jurisdictional areas listed in Article II.D (the Emergency
Planning District) those responsibilities required of the SERLEPC
pursuant to Public Law 99-499, Superfund Amendments and
Reauthorization Act of 1986 (SARA), Title III, hereinafter referred to
as “The Act”, and related regulations including but not limited to:
1. Promote the development, testing, and communication
of hazardous substances emergency response plans affecting the
SERLEPC Emergency Planning District.
2. Development of procedures for regulated facilities to
notify the SERLEPC in accordance with The Act.
3. Development
of procedures for receiving and processing requests from the public
under the Community Right-To-Know provisions of The Act or other
applicable requirements that maintain or enhance the security of all
persons in the SERLEPC territory.
4. Provide
for public notification of SERLEPC activities (i.e. newsletter,
General Membership meetings, website, etc.).
5. Insist
on compliance with the notification and reporting requirements of “The
Act” or other applicable requirements.
B.
To implement such other and further related activities as may
hereafter be legally required by the Federal Government, the State
Emergency Response Commission (SERC), or the County Judge.
C. The SERLEPC is operated exclusively for charitable,
educational, and scientific purposes, including, for such purposes the
making of distributions to organizations that qualify as exempt
organizations under section 501 (c) (3) of the Internal Revenue Code
or any future tax code.
D. The
territory of the SERLEPC is defined by the contiguous areas within the
jurisdictions of the Cities of El Lago, Nassau Bay, Pasadena,
Seabrook, Taylor Lake Village, Webster, and the Pasadena Industrial
District as defined by the LaPorte Lepc and former Bay Area Lepc
boundary descriptions.
E. Provide for community outreach and public education of
SERLEPC activities.
Article III - Membership
A.
Qualifications
The
organization shall consist of Governmental Members appointed by the
executive branch of each of the cities listed in Article II.D, and
county, state, and federal jurisdictions and Industrial Members of
regulated entities located within the territory of the SERLEPC, of
Community Representatives of residents living within the territory of
the SERLEPC, and of Affiliate Members of other groups as defined by
The Act and conducting business from establishments within the
territory of the SERLEPC.
B. Classes of Membership
1. Governmental
Members
Such
Members shall consist of duly elected or appointed officials of local,
county, state, and federal governments with jurisdiction over any part
of the area served by the SERLEPC and assigned responsibilities by The
Act. Each governmental entity shall appoint one primary and one
alternate representative.
2. Industrial
Members
Such
Members shall consist of employees of owners/operators of regulated
facilities located within any part of the area served by the SERLEPC
and subject to the provisions of The Act. Each regulated facility
shall appoint one primary and one alternate representative.
3. Affiliate
Members
Such
Members shall consist of representatives from communications media,
health professionals, environmental groups, homeowners associations,
and citizens groups with responsibility and/or interest in matters for
the areas served by the SERLEPC. Each Affiliate shall appoint one
primary and one alternate representative.
C. Officers
Officers
shall be elected to conduct meetings, appoint Ad-hoc Committees,
maintain financial records, keep documentation of meetings, and to
otherwise manage the business of the SERLEPC.
D. Vacancies
Any
Executive Committee Member vacancy occurring in the SERLEPC by reason
of resignation, death, or disqualification will be filled at the next
General Membership meeting. New Officers and Committee Chairs shall be
approved by vote of the General Membership. The Executive Committee
shall adopt a process to identify candidates to fill the open
position(s).
E. Meetings
There
shall be at least six (6) regular General Meetings of the SERLEPC per
year. Beginning with January of each year, General Meetings will be
held the 3rd Monday of every odd-numbered month. The SERLEPC shall
designate one meeting in each Fiscal Year as the Annual Meeting.
Special
Meetings of the SERLEPC may be called by the President at such time
and place as determined by the President. The President must call a
Special Meeting of the SERLEPC within fourteen (14) days of receiving
a written request from at least thirteen (13) voting Members.
F. Meeting Agenda
The
Executive Committee shall develop and publish and distribute an agenda
at least ten (10) days in advance of each General and Special
Meeting. Governmental Members shall post the agenda in accordance
with their public notice procedures. Prior to the onset of the
General or Special Meeting, citizens and non-members wishing to
address the SERLEPC shall so inform the Executive Committee. The
President shall allocate a timeslot for this activity.
G. Quorum
A quorum
for the General Meeting and any Special Meeting shall be twenty-four
(24) eligible voters. A quorum for the Executive Committee Meeting
shall be half (rounded down) of the current executive board membership
total. No meeting shall be official
unless a quorum is present.
H. Voting
Voting
Membership shall be comprised of governmental, industrial, and
affiliate members. Each of these organizations shall have one (1)
vote for each organization. Except as noted in Article VI and for
matters brought before the SERLEPC, a simple majority of those Members
present shall be used to decide all matters brought before the
Executive Committee, Standing Committees, and any Ad-hoc Committees.
The President shall not vote in any meeting except where any voting
results in a split decision, in which case the President shall cast
the deciding vote.
Article
IV – Officers
A. Enumeration of Officers
The
Officers of the SERLEPC shall be the President, Vice-President,
Treasurer, and, at the Executive Committee’s option, the position of
Secretary. Officers shall be elected by the SERLEPC as a whole in a
manner herein provided by a majority of the SERLEPC Members. Where
the position of Secretary is filled by an appointed or hired person,
the Secretary shall not be a voting Member.
B. Nomination and Election of Officers and Standing Committee
Chairs
Nominations for President, Vice-President, Treasurer, Secretary, and
Standing Committee Chairs shall be solicited from the General
Membership prior to the Annual Meeting. Where insufficient candidates
are presented, the President shall appoint an Ad-hoc Committee to
identify candidates for Officers and Standing Committee Chairs.
The
election shall be held at the Annual Meeting. The election shall be
by ballot, except when there is only one nomination for any Officer
and/or Standing Committee Chair. Selection of Officers and Standing
Committee Chairs shall be by a simple majority of the quorum of voting
Members of the SERLEPC present at the Annual Meeting.
Members
may call for a special election of one or more new Officers and/or
Standing Committee Chair(s) where at least thirteen (13) Members
submit a written request to the Executive Committee. The Executive
Committee shall place the request for a special election on the agenda
of the next General Meeting. Members at that General Meeting shall
determine if and when to hold the special election.
C. Terms of Office
1. President
The term
of office for the President shall be not more than one year, beginning
at the date of appointment. The President shall not serve for more
than two consecutive terms.
2. Vice-President
The term
of office for the Vice President shall be not more than one year,
beginning at the date of appointment. The Vice-President shall not
serve for more than two consecutive terms.
3. Treasurer
The term
of office for the Treasure shall be not more than one year, beginning
at the date of appointment. The Treasurer shall not serve for more
than two consecutive terms.
4. Secretary
The term
of office for the Secretary shall be not more than one year and shall
expire at the conclusion of the Annual Meeting. Where this position
is appointed or is filled by a contractor, the Executive Committee
shall inform the General Membership, at the General Meeting prior to
the Annual Meeting, whether this position will remain in that
capacity. The Secretary shall not serve for more than two consecutive
terms where the Secretary is elected to office.
5. Standing Committee Chairs
The term
of office for each Standing Committee Chair shall be no more than one
year and expire at the conclusion of the Annual Meeting.
D. Duties and Responsibilities of Officers and Executive
Committee Members
1. President
The
President shall preside at all meetings of the SERLEPC; shall serve as
ex-officio Member of all Standing and Ad-hoc Committees; and shall
perform such duties and act as necessary to accomplish the goals of
the SERLEPC. The President shall be empowered to create such other
Ad-hoc Committees, with approval of the Executive Committee, as
necessary to accomplish the goals of the SERLEPC. The President shall
recommend to the Executive Committee, for approval by the Executive
Committee, the person to serve as the Emergency Coordinator for the
SERLEPC.
2. Vice President
In the
absence of the President, the Vice-President shall perform the duties
of the President. Should the Vice-President fill the position of
President due to resignation or death, the position of Vice President
shall be filled by nomination and election of the General Membership
at the next regular meeting. Notice of the election to fill the
position of Vice President shall be made thirty (30) days prior to the
meeting. The Vice-President shall perform such other duties as may be
assigned by the President.
3. Treasurer
The Treasurer shall be the custodian of all financial records for the
SERLEPC. Maintain a true and accurate record of all monetary
transactions of the SERLEPC; act as custodian of all legal documents
pertaining to the monies and finances of the SERLEPC; maintain and
balance the SERLEPC checkbook; provide for collection of working funds
for the SERLEPC by invoicing Members when collections are authorized;
ensure checks are endorsed with approved signatures of the Treasurer
and one of the other signatories listed in Article VI.B.2; coordinate
the annual review and biennial formal audit of the SERLEPC’s records;
coordinate filing and recording of legal transactions such as taxes or
fees mandated by the government; prepare and present a report of
accounting at each General Membership meeting; prepare a fiscal year
budget in coordination with the Executive Committee for approval at
the Annual Meeting.
4. Secretary
This
position may be filled by an election of a Member, appointment of a
municipal employee, or through hire of a contract person. This
position is a non-voting member of the Executive Committee where the
position is filled by appointment or hire. The position shall be
responsible for carrying out the day-to-day administration and other
tasks to support the business of the SERLEPC; maintenance of agendas,
minutes of General or Executive Committee meetings, SERLEPC Member and
visitor rosters, informational releases, and meeting arrangements;
Preparation and circulation of advanced agendas, various notifications
to Members and other correspondence; act as custodian of all legal
documents and coordinate filing and recording of all legal
transactions and correspondence on behalf of the SERLEPC, except those
pertaining to monies and finances otherwise managed by the Treasurer;
implement document filing and retention procedures approved by the
Executive Committee and inform the General Membership of these
procedures; coordinate the activities of the Standing and Ad-hoc
Committees to ensure up-to-date information is disseminated; present a
monthly invoice of services to the Executive Committee for review and
approval where this position is filled by a contract person.
5. Standing Committee Chairs
Standing
Committee Chairs shall be the lead liaison between the Executive
Committee and the Standing Committee. Chairs shall ensure performance
of the activities outlined under Article V.B.
6. Emergency Coordinator
The
Pasadena Office Of Emergency Management, or as appointed by the
Executive Committee, shall be the single point of contact for
emergency coordinators from municipal and industrial entities for
release reporting, emergency response, and any other information
and/or action required and/or requested through the SERLEPC and/or
required by The Act.
E. Eligibility
Officers
shall be Governmental, Industrial, or Affiliate Members of the SERLEPC.
Members shall serve at least one term on the Executive Committee in
order to be eligible for the position of President.
F. Vacancies
The
Executive Committee shall fill any Standing or Ad-hoc Committee Chair
position that becomes vacant. Where any Officer position becomes
vacant, the Executive Committee shall initiate the election process at
the next General Membership meeting, except as outlined in Article
IV.D.2.
Article
V – Committees
A. Executive
Committee
The
Executive Committee will consist of the President, Vice-President,
Treasurer, Secretary, Chairpersons of the four (4) Standing Committees
as described below, and the Emergency Coordinator. The duties of the
Executive Committee shall be to oversee the activities of the SERLEPC
and the Emergency Coordinator as well as the Standing and any Ad-hoc
Committees.
B. Standing Committees
The
Standing Committees outlined below shall be established.
1. Emergency Response & Security Committee
This
committee shall be responsible for:
a. Assisting
with hazard assessments from fixed and mobile sources;
b. Assisting
with reviewing Municipal and Industrial Members’ Emergency Response
Plans;
c. Assisting
with planning and coordination of drills;
d. Assisting
with evaluating response capabilities and resource needs;
e. Assisting
with coordination of training;
f. Assisting
with reviewing existing Federal, State, and local plans for the
purpose of coordination with the SERLEPC planning process; and
g. Assisting
with security and emergency response issues when providing information
regarding the SERLEPC.
2. Compliance Committee
This
committee shall be responsible for:
a. Assisting
with developing procedures to identify any regulated entity required
by The Act to submit reports and participate in the activities of the
SERLEPC;
b. Assisting
with establishing procedures for processing information from regulated
entities;
c. Assisting
with compiling available information on hazardous substance storage
and transportation;
d. Assisting
with facilitating the communication of risk related information;
e. Assisting
with developing procedures for responding to release reports;
f. Assisting
with communicating changes in regulations, policies, and procedures
concerning local, county, state and/or federal regulations that impact
the SERLEPC; and
g. Assisting
with implementing procedures to evaluate and address requests for
information.
3. Emergency Warning System Committee
This
committee shall be responsible for:
a. Assisting
with evaluating municipal resources and procedures for public
notification of a hazardous materials emergency;
b. Assisting
with promoting the development and implementation of an effective
emergency notification system that would provide adequate
communications during a hazardous materials emergency;
c. Assisting
with developing procedures for interfacing with neighboring
jurisdictions; and
d. Assisting
with recommending avenues to fund improved Emergency Warning Systems
that impact SERLEPC Members and territory.
4. Public Education & Community Awareness Committee
This
committee shall be responsible for:
a. Assisting
with promoting community awareness about the potential for, and the
nature and handling of hazardous materials emergencies
b. Assisting
with advising the public on appropriate actions to take in advance of,
during, and after emergencies; and
c. Assisting
with informing the public of SERLEPC meetings, and arrange publicity
for the SERLEPC.
C. Committee Meetings
The
Executive Committee, Standing Committees, and any Ad-hoc Committees
shall meet as the President or the Committee Chair deems necessary.
D. Standing Committee Chairs
The
Chair of each Standing Committee shall be determined by vote of the
General Membership at the Annual Meeting. Each Standing Committee
shall appoint a Vice-Chair to fulfill the responsibilities of the
Chair in his/her absence.
E. Ad-hoc Committees
The
President, with the approval of the Executive Committee, shall
formulate Ad-hoc Committees as necessary to conduct business outside
of the jurisdiction of the Standing Committees. The General
Membership shall be informed of the purpose of the Ad-hoc Committees
and the President shall solicit the General Membership for
participants on the Ad-hoc Committees. The President shall appoint a
Chair to each Ad-hoc Committee and shall inform the Executive
Committee and General Membership as to the make-up of each Ad-hoc
Committee. Each Ad-hoc Committee shall not serve for more than a
one-year term. The term of each Ad-hoc Committee may be renewed at
the request of the President and with approval of the Executive
Committee. Each Ad-hoc Committee shall appoint a Vice-Chair to
fulfill the responsibilities of the Chair in his/her absence.
Article
VI – Miscellaneous Provisions
A. Fiscal Year
The
Fiscal Year of the SERLEPC shall begin on January 1 and end on
December 31 of each year.
B. Financial Accountability
1. Purchases and Remunerations
No
Member shall commit any funds of the SERLEPC without prior approval of
the Executive Committee. Such requests shall only be made by
Committee Members. The request shall outline the goods and/or
services requested, its purpose, and the duration of the commitment.
This provision does not apply to Committee Meetings provided that
meeting schedule is approved by the President and/or Executive
Committee.
Members
seeking remuneration for Committee activities shall submit a written
request along with some proof of the expense to the President for
review and approval. If approved, the President shall direct the
Treasurer to process the request. If not approved, the President
shall communicate to the Member and the Executive Committee the
rationale rejecting the request.
Committee Members approved to commit SERLEPC funds shall oversee the
third-party activity. The Committee Chair shall manage all activities
of the third-party and report on the progress of the effort at within
that Committee and at each Executive Committee meeting. The Committee
Chair shall also submit any request from the third party for funds to
the Executive Committee along with this progress report. If approved,
the President shall direct the Treasurer to process the request. If
not approved, the President shall direct the Chair to address the
deficiency with the third-party.
2. Bank Accounts
The
SERLEPC Operating Account shall carry five (5) approved signatories.
Those authorized to sign shall be the President, Vice President,
Treasurer, Secretary, and Emergency Coordinator. Two (2) signatures
are required on all checks presented for payment.
3. Financial Review
An
annual review of all financial records shall be performed by the
Executive Committee. A biennial audit of all financial records shall
be performed by an independent Certified Public Accountant. The
President shall recommend the auditor to the Executive Committee for
approval. All financial reviews and/or audits shall be completed
before the end of any fiscal year.
4. Use of Funds
No part
of SERLEPC funding shall insure to the benefit of, or be distributable
to its Members, trustees, officers, or other private persons, except
that the SERLEPC shall be authorized and empowered to pay reasonable
compensation for services rendered and to make payments and
distributions in furtherance of the purposes set forth in Article II.
5. Fundraising
The
Executive Committee shall develop fundraising activities to effect the
responsibilities of the SERLEPC. Such activities shall include
donations from Municipal and Industrial Members, governmental grants,
and receiving funds from Supplemental Environmental Projects.
6. Restriction of Activities
Not
withstanding any other provision of these articles, the organization
shall not carry on any other activities not permitted to be carried on
(a) by an organization exempt from federal income tax under section
501 (c) (3) of the Internal Revenue Code or the corresponding
provision of any future federal tax code, or (b) by an association,
contributions to which are deductible under section 170 (c) (2) of the
Internal Revenue Code or the corresponding provision of any future
federal tax code.
7. Distribution of Assets upon Dissolution
Upon
dissolution of the association, assets shall be distributed for one or
more exempt purposes within the meaning of section 501 (c) (3) of the
Internal revenue Code or the corresponding section of any future
federal tax code, or shall be distributed to the federal government,
or to a state or local government, for a public purpose. Any such
assets not so disposed of shall be disposed of by a court of competent
jurisdiction of the county in which the principal office of the
association is then located, exclusively for such purposes or to such
organization or organizations, as said Court shall determine, which
are organized and operated exclusively for such purposes.
8. Remuneration of Members
Committee Members, elected or volunteer, are not eligible for
remuneration, except as outlined in Art IV.C.4. Committee Members are
eligible for reimbursement of expenses incurred on behalf of the
SERLEPC. Requests for reimbursement of expenses must be in accordance
with these Bylaws.
C. Approval of Bylaws
These
Bylaws shall become effective upon approval at the time of the vote by
a quorum of the SERLEPC Members.
D. Amendment of Bylaws
These
Bylaws may be amended by a two-thirds vote of the SERLEPC Members
present at any meeting of the SERLEPC, provided all proposed
amendments to the Bylaws are submitted to the Members at least thirty
(30) days in advance of the meeting. This submission shall be by
posting on the official SERLEPC website
and by e-mail distribution.
E. Rulemaking
The
SERLEPC Members may, as necessary and proper, adopt rules of general
application governing the execution of its responsibilities under SARA
Title III and applicable regulations. Any such rules must first be
published in proposed form not less than thirty (30) days prior to
final adoption by the SERLEPC Members. Publication shall be effected
through posting of the proposed rule and a statement of basis and
purpose on the public bulletin board in accordance with each Municipal
Members’ requirements for posting public notice, by posting on the
SERLEPC web site, and by e-mail distribution. (The proposed rule
together with the statement of basis and purpose are hereafter
referred to as "notice of proposed rule making"). Such notice of
proposed rule making shall invite written public comment on any aspect
of the proposed rule during the above thirty (30) day period.
F. Method of Initiating Proposed Rule Making
Any
Member of the SERLEPC may recommend the initiation of proposed rule
making. Any proposed rules shall be initially considered by the
Executive Committee, unless otherwise decided by the SERLEPC Members.
If the Executive Committee, by majority vote, approves a proposed
rule, it shall thereafter proceed to publication as provided in these
Bylaws.
G. Method of Adopting Final Rules
Following the expiration of the thirty (30) day comment period, the
Executive Committee shall review all public comments and prepare a
statement which responds to comments raised and discusses the basis
for all appropriate changes to the proposed rules. The Executive
Committee shall present such statement to the SERLEPC Members. If the
SERLEPC Members act favorably, the rule shall take effect immediately
upon the time and date the notice of adoption is first published
unless the SERLEPC Members determine otherwise.
H. Notice of Adoption
Upon
adoption of any rule by the SERLEPC Members, the Secretary shall
publish the SERLEPC Members' response to comments received and any
changes to the proposed rule made in response to such comments.
Publication of the final rule shall be in the manner as that for
proposed rules outlined in these Bylaws. A specific response to each
comment received shall not be required.
I. Emergency Rules
In
emergency circumstances, as determined by the SERLEPC Members,
emergency rules may be adopted without prior public notice and
comment. Emergency rules shall not remain in effect for more than
ninety (90) days.
Article
VII - Parliamentary Authority
The
rules contained in Roberts Rules of Order, Newly Revised, shall govern
this committee in all cases to which they are applicable.
This
document, the Bylaws of the SERLEPC, was adopted at the General
Membership Meeting of the SERLEPC on the 17th day of July, 2004.
MikeZimmer, Pasadena LEPC President
Robert Gaffney, Bay Area LEPC Chairman
SOUTHEAST REGIONAL
LEPC
FINAL RULES
The following Rules
have been adopted in accordance with Article VI. E. Rulemaking of the
Southeast Regional Local Emergency Planning Committee (SERLEPC).
Rule
I. Annual Public Notice
A. In accordance with Section 324 (b) of the Superfund
Authorization and Reauthorization Act (SARA), Title III,
the SERLEPC shall annually publish notice in local newspapers that the
emergency response plan, Material Safety Data Sheets (MSDS),
and inventory forms have been submitted to the SERLEPC. This annual
notice shall also include a statement of the following elements:
1.
Written public comment is invited during a thirty (30) day period on
any aspect of the SERLEPC such as organization, membership, functions,
planning process, or purpose.
2.
A brief explanation of the SERLEPC’s statutory purpose.
3.
The location of the SERLEPC minutes and other records.
4.
The name and address of the person designated by the Chairman to
receive written comments.
B. The SERLEPC shall review all comments received and
publish on its website, responses to issues raised in such
public comments. Nothing herein shall require the SERLEPC to
respond to each and every comment received.
Rule
II. Public Access to Information
A. SERLEPC Information
The SERLEPC maintains
records and administrative documents in accordance with
Federal regulations for 501(c) (3) organizations. Information may be made available to the public through written
request to the SERLEPC Secretary.
B. Technical Information
1.
Under state and federal open records laws, any person may submit a
request to receive or view a copy of any Tier Two Report or other
document submitted to the SERLEPC in accordance with Section 324 of
the Superfund Authorization and Reauthorization Act (SARA), Title
III. Any information in the requested documents that is determined to
be confidential must be withheld from release to the public.
2.
Requests for open records must be submitted in writing and must
specify the scope of the records search (ranging from very specific
requests for a single facility's current documents to very broad
requests based on geographic areas, industry classifications,
reporting years, etc.).
3. Federal,
state, or local government officials or agents acting in their
official capacity may access technical information for planning,
mitigation, response, or recovery activities associated with public
safety activities. The SERLEPC Emergency Coordinator will monitor
these requests.
4.
Information requests may be restricted or denied in accordance with
other applicable federal, state, or local law. Such restrictions may
include:
a. Risk
Management Plans
Information release
is restricted according to criteria in the Chemical Safety Information, Site Security and Fuels Regulatory Relief Act 42 USC
7412(r), 1999.
b. Proprietary and Trade Information
Except as provided in Sections 312 and 324 of SARA Title III, all
information submitted to the SERLEPC by facilities pursuant to Title
III shall be public information. Other than a claim designated in
this section, the SERLEPC will not honor any other claims of business
or trade secret confidentiality. The claim of confidentiality must be
included with the information at the time of submission to the SERLEPC. Such claimed information shall be exempt from disclosure by the SERLEPC permanently or until such time as the SERLEPC is advised in
writing by an authorized governmental agency, and/or if applicable, a
court of competent jurisdiction which makes a final determination
following any appeals that such information is not subject to a valid
claim of business confidentiality or trade secret.
c.
Security Information
Information pertaining to security, safety, and terrorism mitigation
is restricted in accordance with federal, state, and local
regulations, and in accordance with the provisions of the Freedom of
Information Act (FOIA) which delineates
nine exemptions contained in the law or by one of
three special law enforcement record exclusions.
C. Notice to Facility Owner or Operator
The
SERLEPC will provide written notice to the facility owner or operator
that a written request by the public for information regarding their
facility has been received and processed by the SERLEPC. All persons
submitting a request for information will be informed in writing that
the facility owner or operator shall receive such written notice.
D. Administrative Costs
The
SERLEPC may charge reasonable fees for reproduction and shipping of
SERLEPC documents. The Executive Board has adopted the fee schedule
set forth by the state of Texas, which enables the SERLEPC to recover
all reasonable expenses associated with processing a written request.
SERLEPC By Laws, proposed Rules, or other administrative documents
used in the course of regular meetings may be provided at no charge to
the public.
Rule III. Submission of Technical Information to
the SERLEPC
A. Annual Tier Two Reports
Under
Texas Community Right-To-Know regulations, facilities which are
subject to the federal EPCRA regulation are required to submit
original annual Tier Two Reports to the Texas Department of Health.
This State agency is the official archive. Copies are required to be
submitted to local fire departments and to local emergency planning
committees. Since the SERLEPC represents multiple political
jurisdictions, it will provide a listing of appropriate addresses and
contacts for report submission to all regulated facilities.
B. Designated Archive
As part
of these duties, the POEM is the archive point for all current SER
LEPC Tier II records and coordinates collection, analysis, and FOIA
requests on behalf of the SER LEPC.
C. Late Reports
The
SERLEPC Compliance Subcommittee is responsible for identifying,
tracking, and obtaining late Tier Two Reports and other technical
documents required to be submitted to the SERLEPC. This Subcommittee
will assist facilities in resolving compliance issues.
Rule IV. Municipal Member Authorizations
A. Release Reporting
Each municipal jurisdiction member is granted authority to be the
designated reporting point for all notifications to the SER LEPC of
chemical release reports. The designated reporting point will be the
respective emergency Dispatch centers and/or the Emergency Management
Offices.
B. Report and Record Coordination
The
Pasadena Office of Emergency Management will function as the
coordinator for collection, analysis, and reporting of all municipal
member release reports. The POEM will submit a written report
summary on a quarterly basis to the General Membership and will
maintain these municipal logs as an archive for the POEM.
Approved
and adopted by SER Lepc Executive Board on October 14, 2004.
Resolution to improve emergency notifications and
public safety adopted at general meeting held September 17, 2007.
Be it resolved
that the Southeast Regional
Local Emergency Planning Committee, hereinafter referred to as (SERLEPC),
hereby agrees to adopt the following rules in order to improve
emergency notifications and public safety within our areas of
concern:
1.
Facilities within the SERLEPC will employ the
East Harris
County Manufacturers Association (EHCMA) procedures and forms
established by the Community Emergency Communication Committee (CECC)
and adopted by participating facilities, jurisdictions and agencies
on April 13, 2006. This provision identifies the Initial Event Form
(IEF) as the standard template for immediate notification to
response agencies, respective LEPC’s and dispatch centers
responsible for communicating information to a Local Warning Point.
Subsequent forms and procedures are identified in the CECC Handbook.
2.
Facilities within the SERLEPC may use an electronic IEF as a
means to notify the LWP, via e-mail. CECC guidelines require
following-up primary fax and/or e-mail messages with a phone call to
impacted, or potentially impacted jurisdictions, to ensure receipt
of the notification.
3.
Facilities within the SERLEPC
will use the CECC procedures
and forms during routine tests, drills and training of the emergency
notification process.
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