Ten members shall constitute a quorum. Each prospective member shall be nominated by the Administrative Committee and officially appointed by the Pennsylvania State Emergency Response Commission (SERC), for a term of one year.

(4)

The Committee will select a Chairperson, a Vice Chairperson and a Public Information Officer.

(5)

The Committee will be divided into three subcommittees:

(a)

The Administrative Committee has the responsibility for establishing bylaws, nominating Committee members, establishing operational cost, providing public announcements of meetings and providing a place where all the information gathered on a facility can be maintained and available to the public.

(b)

The Planning Committee has the responsibility to review all facility plans and make sure that they are in accordance with existing state and local plans. Make sure that all key points from the Pennsylvania Emergency Management Planning Guidance are met by working with the facility representative in the development of these plans.

(c)

The Public Information Committee has the responsibility to reply to all written requests from the public concerning comments and/or requests for information about local facilities. They will process all requests within 45 days or sooner and reply in writing as well as notify the requestor of any cost associated with the request.

Purpose of the Local Emergency Planning Committee. The purpose and duty of this Committee is to fulfill the requirements and functions specified for local emergency planning committees under SARA, Title III. These duties include:

(1)

Preparing, approving and reviewing (on an annual basis) an emergency response plan for each qualifying SARA, Title III, facility within York County.

(2)

Submitting initial copies of each emergency response plan to the Pennsylvania Emergency Management Agency Response Commission for review.

(3)

Publishing an annual notice of its public information procedures for use by the general public.

(4)

Establishing procedures to receive, store and retrieve material safety data sheets, chemical inventory forms and all other applicable documents.

(5)

Establishing procedures to respond to public requests for information.

Duties of officers.

(1)

Chairperson. The Chairperson is responsible for conducting the regular Local Emergency Planning Committee meetings, executing all documents and other instruments on the behalf of the Committee, doing other things required of this office by these bylaws and applicable laws of the Commonwealth of Pennsylvania and the United States of America and other things authorized by the Committee membership and serving as Chairperson of the Administrative Subcommittee.

(2)

Vice Chairperson. The Vice Chairperson shall be Chairperson of the Planning Subcommittee. The Vice Chairperson shall serve as Chairperson during the absence of the Chairperson.

(3)

Public Information Officer. This person will serve as Chairperson of the Public Information Subcommittee and will be responsible for handling written requests from the public for facility information and notifying the requestor of any costs associated with printing and mailing of such information and responding to all requests within 45 days or sooner after receipt. The Public Information Officer will deal with press releases and other public meetings as deemed necessary. In the absence of the Chairperson and the Vice Chairperson, he will conduct the Committee meetings.

§ 393-2 Emergency notification requirements.

The owner or operator of any facility in York County that is subject to the emergency notification requirements of Section 304 of SARA, Title III,[1] shall report the release of any extremely hazardous substance in excess of the minimum reportable quantity (RQ's) to the York County Emergency Management Office's twenty-four-hour response number: 911. The notification shall contain the following information:

(1)

When calling 911, ask for the fire dispatcher.

(2)

Give your name and the company name.

(3)

The chemical name or identity of any substance involved in the release or fire.

(4)

An indication of whether the substance is on the list of SARA extremely hazardous substances or some other federal or state list of hazardous materials, as periodically amended.

(5)

An estimate of the quantity of any such substance that was released into the environment.

(6)

The time and duration of the release.

(7)

The medium or media into which the release occurred.

(8)

Any known or anticipated acute or chronic health risks associated with the emergency and, where appropriate, advice regarding medical attention necessary for exposed individuals.

(9)

Proper precautions to take as a result of the release, including evacuation (unless such information is readily available to the community emergency coordinator pursuant to the emergency plan) and the proposed response to the incident.

(10)

The name and telephone number of the person or persons to be contacted for further information.

(11)

Any future information as required by federal or state law.

[1]

Editor's Note: See 42 U.S.C. § 11004.

A second notification shall be made to the Pennsylvania Emergency Management Agency, which acts as the emergency response coordinator for the state. The notification shall contain the information set forth above. This notification shall be made within one hour after the occurrence of the release by either the spiller or the county's emergency response staff as agreed upon at the time of the initial notification.

Written notification. Within five calendar days after a release, which required notice under Subsection A, the owner or operator of the facility shall provide a written, follow-up, emergency notice to the York County Management Agency, as required by Section 304 (c) of SARA, Title III. The notice shall contain the following information:

(1)

Actions taken to respond to, and contain, the release.

(2)

Any known or anticipated acute or chronic health risks associated with the release.

(3)

Where appropriate, advice regarding medical attention necessary for exposed individuals.

§ 393-3 Public meetings and information.

Meetings.

(1)

The LEPC shall hold meetings, open to the public, on the third Tuesday of every even month in the County Annex Building, 118 Pleasant Acres Road, York, Pa., meeting room No. 1 at 10:00 a.m.

(2)

Notice of meetings will be in accordance with the state's Sunshine Laws.[1]

[1]

Editor's Note: See 65 P.S. § 271 et seq.

(3)

A special or emergency meeting may be called by the Chairperson to deal with a specific problem or emergency situation.

Public meetings to discuss emergency response plans and public comments.

(1)

Members of the general public are welcome to attend meetings of the Committee.

(2)

During the course of each meeting, time will be allocated for public comments.

(3)

Any public comments, concerning the preparation, review or exercise of an emergency response plan that requires Committee action, will be responded to, in writing, by the Public Information Committee.

Distribution of emergency response plans.

(1)

Each emergency response plan, prepared by or for the Committee, will be made available to the general public for review during normal working hours at the York County Emergency Management Agency, located at 118 Pleasant Acres Road, York, PA., 17402.

(2)

Upon receiving a written request for a copy of a plan, the LEPC will forward a copy of the plan to the requestor within 45 days or sooner after the receipt of the written request. The official mailing address of the LEPC will be:

York County LEPC

C/O York County Emergency Management Agency

118 Pleasant Acres Road

York, PA 17402

Phone number: 717-840-7494

(3)

Costs, associated with copying and mailing the plan, will be paid, in advance, by the requestor. Copying cost will be $0.30 per page.

(4)

The York County Emergency Management Agency will maintain a list, by facility, of the person(s) requesting and receiving a copy of an emergency response plan.

Procedures for receiving and processing other public information requests.

(1)

Each material safety data sheet or list of chemicals, chemical inventory forms, toxic chemical release form or follow-up emergency notice, submitted to the LEPC, will be made available to the general public for review at the location listed in Subsection C above.

(2)

Upon receiving a written request for a copy of a material safety data sheet or list of chemicals, chemical inventory form, toxic chemical release form or follow-up emergency notice, the LEPC will forward a copy of the requested information to the requestor within 45 days or sooner after receipt of the written request. If the LEPC does not have the requested material safety data sheet, chemical inventory form or toxic chemical release form in its possession, it promptly will request that information from the facility owner/operator or the State Emergency Response Commission (SERC). Upon receiving the information from the facility or SERC, the LEPC will forward a copy of that information to the requestor within 10 days after receipt.

(3)

Costs, associated with copying and mailing the information, will be paid, in advance, by the requestor. Copying cost will be $0.30 per page.

(4)

The York County Emergency Management Agency will maintain a list, by facility, of all requests for information which have been requested.