[HISTORY: Adopted by the Board of County
Commissioners of Doña Ana County as indicated in article histories.
Amendments noted where applicable.]
[Adopted 3-30-1999 by Ord. No. 178-99;
amended in its entirety 2-28-2023 by Ord. No. 333-2023]
This article applies to all persons, business entities or facilities
located within the unincorporated areas of Dona Ana County which use,
store, manufacture, dispose or dispense of the chemical/hazardous
materials identified herein.
The Supervisor of Emergency Management or his/her designee shall
have the primary responsibility in developing the standards and procedures
for the purpose of chemical hazardous material emergency management
within Dona Ana County. All such policies and procedures developed
by the Office of Emergency Management shall be incorporated into the
County's Emergency Operation Plan (EOP). The Chairperson of the
Board of County Commissioners is hereby designated to approve proposed
amendments to the EOP and to sign same.
As used in this article, the following terms shall have the
meanings indicated:
The Code of Federal Regulations.
A federal mandate which requires all owners or operators
of a stationary facility to develop and implement safety guidelines
for all activities involving certain amounts of extremely hazardous
substances (EHS) stored or handled at their site in quantities as
defined by SARA Title III.
A master plan previously referred to as the "All Hazard Emergency
Plan," developed to ensure readiness in the event of a technological
or natural disaster, including chemical or hazardous material spills,
and to coordinate the various resources available within the community
in order to manage the scene and protect life and property.
Title III of the Superfund Amendment and Reauthorization
Act (SARA), which requires communities to identify use or storage
of hazardous chemicals by local facilities and which requires communities
to develop emergency plans in case of a significant release.
Those personnel required to mitigate a hazardous materials
incident.
The federal agency which defines, mandates, and enforces
EPCRA and the Clean Air Act 112(R)(CAA).
Any one of the hazardous chemicals listed in Appendix A and/or Appendix B to Title 40, Chapter 1, Subchapter J, Part 355, Emergency Planning and Notification (hereafter "40 CFR Part 355").
The State of New Mexico's emergency response plan that
dictates the amount of resources necessary to mitigate a variety of
chemical releases dependent on certain factors such as type of chemical
released, amount released, estimated public population which could
be affected, etc.
A local committee required by SARA Title III and appointed
by the State Emergency Response Commission (SERC), responsible for
developing and implementing response plans to chemical/hazardous materials
emergencies. The emergency response personnel appointed to the LEPC
represent fire, law enforcement, medical, public health, emergency
management, hospital, public works, environmental, facility owners
and operators, private citizens and chief elected officials. The County's
Office of Emergency Management shall participate as members of the
LEPC.
An amount of a hazardous substance or extremely hazardous
substance that, if released, must be reported under the emergency
release reporting requirements of the Emergency Planning and Community
Right-to-Know Act or those of the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA).
A facility plan which may be required by the EPA, depending
upon quantities used, stored, manufactured, dispensed or disposed,
evaluating the worst-case scenario risk to the public from hazardous
materials located within that facility and mapping out the potentially
affected areas and procedure the facility will follow to mitigate
the incident.
The amount of an extremely hazardous substance present at
a facility above which the facility's owner/operator must give
emergency planning notification to the Supervisor of Emergency Management.
An annual inventory form adopted by SARA Title III and the
New Mexico Hazardous Chemical Information Act, NMSA § 74-4E-1
et seq., that is used by the facility in fulfilling the reporting
requirements.
The Dona Ana County Fire Emergency Services shall provide initial
response to incidents involving hazardous materials and chemicals
as mandated by the Hazardous Materials Emergency Response Plan (HMER)
of the New Mexico All Hazard Emergency Management Act (NMSA § 12-10-1
et seq.), as amended, and by the County's Emergency Operations
Plan.
Emergency response personnel and industry personnel should complete
training and receive certification specified by the State of New Mexico.
A.
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, 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, must declare the inventory
to the County's Office of Emergency Management, as well as any
other office required by state and federal law.
B.
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.
C.
An increase to a facility's EHS inventory which causes the level
of the EHS to meet or exceed the TPQs 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.
D.
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 this article
is to require disclosures based upon the most recent list of EHSs
and TPQs.
E.
All disclosures must be made within 15 days of the acquisition of
the chemical or hazardous material identified in 40 CFR Part 355.
All sites containing any chemical or hazardous material identified
in 40 CFR Part 355 in an amount equal to or exceeding the TPQ shall
be required to post a placard identifying the nature of the hazard
or chemical present on the premises. The placard shall be metal and
of a minimum size of 15 inches by 15 inches. Each site shall display
the placard in a readily visible location for emergency responders.
More than one placard may be required to be posted, dependent upon
the size of the building or facility site, at the discretion of the
Supervisor of the Office of Emergency Management or his designee at
the time of the on-site inspection.
Facilities using, storing or manufacturing, disposing or dispensing
the EHS or chemical materials in quantities equal to or exceeding
the TPQs shall permit inspection by the Supervisor of the Office of
Emergency Management or his/her designee to ensure compliance with
the disclosure requirements and with other federal and state mandates
relating to the safe storage of such materials.
A.
Failure of any person subject to this article 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.
C.
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.
