Identify hazardous cargo transportation routes through Doña Ana County.

Review and disclose to the public, upon request, the individual facilities' risk management plans identifying their respective on-site and off-site risks, in order to update and coordinate the Emergency Operations Plan, in accordance with EPA CAA 112(R).

Assist with the training of emergency response personnel through implementation of emergency responses and exercises, in conjunction with the Office of Emergency Management.

Facilities which use, store, manufacture, dispose or dispense possessing any EHS in an amount equal to or exceeding the threshold planning quantities identified and defined within Appendix A or Appendix B attached to EPCRA and CFR 40 Part 355, as amended from time to time, collectively referred and incorporated herein as Appendix 1,[1] and a required minimum threshold of 10,000 pounds for chemicals listed in CFR 40 Part 302, Table 302.4, as amended from time to time, also referred to and incorporated herein as Appendix 2,[2] must declare the inventory, on the Doña Ana County Registered Businesses Storage of Hazardous Material/Chemical Facility Inventory Form also, referred to and incorporated herein as Appendix 3,[3] to the Supervisor of Emergency Management or his/her designee and may further be required by state and federal law to provide a facility risk management plan.

In addition to the disclosure and risk management plan referenced above, facilities may also be subject to the state requirement to file a Tier II form.

An increase to a facility's EHS inventory which causes the level of the EHS to meet or exceed the TPQ's reflected in Appendix 1, as amended from time to time, may necessitate the filing of an initial disclosure, or an amendment to same. It may also necessitate a risk management plan, or an amendment to same.

The federal government amends the above referenced list of Extremely Hazardous Substances and their Threshold Planning Quantities and list of Hazardous Substances from time to time. The intent of the ordinance is to require disclosures based upon the most recent list of EHSs and TPQs. See Appendices 1 and 2 attached to this chapter.

All disclosures must be made within 15 days of the acquisition of the chemical or hazardous material identified in Appendices 1 and 2, as may be amended from time to time. A copy of a sample disclosure form is attached hereto at Appendix 3.[4]

Failure of any person subject to this ordinance to comply with the disclosure of chemical and/or hazardous inventory required herein, including but not limited to, the failure to cooperate with official inspections and/or the failure to provide a facility risk management plan as required by EPA and/or the failure to post the required identification placard, constitutes a threat to the health and safety of first responders, the public and the environment. Said violations shall be enforceable by prosecution in any court of competent jurisdiction of the County.

In accordance with NMSA § 4-37-3, the penalty for each violation shall be as set forth in Chapter 1, General Provisions, Article III, General Penalty.

Prosecution of a violation of this article may be commenced by the issuance of a citation charging the violation. Citations may be issued by Codes Enforcement Officers of the County or by the County's Supervisor of the Office of Emergency Management or his designee.