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BYLAWS
OF
THE MORRIS COUNTY LOCAL EMERGENCY PLANNING COMMITTEE
ARTICLE I
NAME AND PURPOSE
Section 1. Name. The name of this organization shall be the Morris County Local
Emergency Planning Committee, hereinafter referred to as the “LEPC”.
Section 2. Purpose. The purpose of the LEPC is set forth in SARA Title III/EPCRA and
includes any other lawful purpose which is assigned to it or permitted by the County,
Tribe or District Commissioners, and/or the Commission on Emergency Planning and
Response (CEPR), which is formerly known as the State Emergency Response
Commission (SERC) in Kansas. In keeping with the intent of the SARA Title III/EPCRA
regulations, all activities of the LEPC will be conducted in a manner encouraging input
and participation from all segments of the community. The LEPC will develop a
chemical emergency response and preparedness plan for the planning district and
establish procedures for conducting its public information and education responsibilities.
The plan shall be reviewed and updated as necessary on a regular annual basis, in
accordance with Section 303 of SARA Title III.
The LEPC will, in addition:
1. Receive and process requests for information from the public.
2. Notify the public of all LEPC meetings or activities.
3. With the information and reports from facilities operating within the
jurisdiction of the LEPC, and analysis of the district’s transportation risks,
perform a hazard analysis.
4. Establish and maintain a database of hazardous chemical locations and
quantities in the district.
5. Establish and maintain a system of data management.
6. Maintain information on ALL facilities that manufacture, or store, Extremely
Hazardous Substances (EHS), and include this information within the
emergency response and preparedness plan.
The LEPC will establish, and notify the public that all meetings, including sub-committee
and ad hoc committee meetings, are open to the public. The LEPC will implement such
other and related activities as may hereafter be legally required by the federal
government, the Commission on Emergency Planning and Response (CEPR), or the
board of county commissioners. The LEPC will make assessments of resources necessary
to implement the emergency response and preparedness plan, and make
recommendations to appropriate people, agencies, and organizations regarding additional
resources needed to implement the plan. The LEPC is instrumental in fulfilling the
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purpose of the Community Right-to-Know laws to increase the protection of the
community from exposure to chemicals produced, used, stored, and/or transported within
the planning district. Transportation hazards analysis includes those risks to the district
from commercial transportation by rail, highway, aircraft and waters of commerce.
ARTICLE II
MEMBERSHIP
Membership will at all times include, at a minimum, representatives of the groups listed
in Section 301 of SARA Title III. This includes equal representation of elected state and
local officials, law enforcement, emergency management, firefighting personnel, first
aid/EMS personnel, health personnel, local environmental personnel, hospital personnel,
transportation personnel, broadcast and print media personnel, community groups and
owners or operators of local facilities. The members will be nominated by the Board of
County Commissioners and approved by the CEPR. Membership updates will be
provided to the CEPR on an annual basis or whenever there is a change in membership.
Section 1. Qualification. The LEPC consists of those members nominated by the County
Commissioners and approved by the CEPR for membership, who are representatives of
the various professional and community groups as designated by EPCRA. Members of
the LEPC must be residents or conduct business in the jurisdictional area of the LEPC.
Section 2. Officers. Officers are elected to conduct meetings, appoint subcommittees,
keep minutes, and otherwise accomplish the work of the committee.
Section 3. Terms of Office. Membership of the LEPC, once established, will be for a
period of four (4) year(s). Members may be selected to succeed themselves or to move to
other positions on the LEPC. No term limits are established for this jurisdiction. The
term of office shall be provided in Article III, Section 2.
Section 4. Inactive Members. Appointed members shall be considered inactive when they
have missed more than four (4) consecutive Committee meetings without notification to
the Committee Chair or staff office of significant reasons why they were unable to attend
meetings. The annual report listing members declared inactive will be provided to the
Board of County Commissioners and the CEPR.
Section 5. Vacancies. Any vacancy occurring in the LEPC by reason of the resignation,
death or disqualification of a member will be filled by appointment in accordance with
Article II, Section 1. The Executive Committee may make suggestions for candidates to
fill vacant positions to the County Commissioners who will make the recommendation to
the CEPR for approval.
Section 6. Duties. The LEPC assists established emergency planning offices within the
county with planning emergency response and public information as directed by laws.
Section 7. Meetings. The LEPC will meet at least quarterly. The Chairperson may call
special meetings of the LEPC at such time and place as the Chairperson may determine.
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The Chairperson must call a special meeting of the LEPC upon the written request of five
(5) members. The special committees meet as the work under their groupings proceeds.
An organizational meeting will be held every two years, at the first meeting of the
calendar year, for the purpose of electing officers and conducting other business of the
LEPC.
Section 8. Quorum. The presence of nine (9) members of the LEPC at the opening of the
meeting shall constitute a quorum for the transaction of business by the LEPC. For the
purposes of Standing Committee meetings, the presence of three (3) committee members
shall constitute a quorum for the transaction of business.
Section 9. Agenda. Any member may request that the Chairperson place an item on the
meeting agenda. If the chairperson should decline to do so, a member may have such
item placed on the agenda by submitting it in writing to the Chairperson with support
signatures of five (5) members of the Committee.
Section 10. Rules of Order. The deliberations of all meetings of the LEPC and its
subcommittees shall be governed by Robert’s Rules of Order, Newly Revised, or as
otherwise agreed by a majority of members in attendance at any meeting.
Section 11. Notice of Meetings. An annual notice of the regular meeting schedule of the
LEPC shall be published in a newspaper with regular circulation in Morris County in
accordance with SARA Title III (EPCRA). This notice shall specify the meeting
designated specifically for the receipt of public comments on the emergency plan.
ARTICLE III
OFFICERS
The Officers of the LEPC shall be a Chairperson, and a Secretary-Treasurer who shall be
elected by the committee as a whole in a manner herein provided. All officers shall be
members of the LEPC.
Section 1. Nomination and Election of Officers. Prior to the expiration of the officers’
terms of service, nomination and election of officers shall occur. Nominations will be
accepted from the floor for the positions of Chairperson, and Secretary-Treasurer. The
election shall be by ballot, except that when there is only one nomination for each office,
election may be by voice vote. These officers shall be selected by the majority of the
members of the LEPC present and voting at the meeting.
Section 2. Term of Office. The term of officers elected at the first organizational
meeting held after adoption of these bylaws shall expire on December 31, 2011.
Thereafter, the term of each office shall be for a period of two (2) years.
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Section 3. Chairperson. The Chairperson shall preside at all meetings of the LEPC; shall
serve as ex officio member of all committees; and shall perform such duties and acts as
necessary to accomplish the goals of the LEPC. The Chairperson shall be empowered to
create such other ad hoc committees as necessary to accomplish the goals of the LEPC or
as directed by the Board of County Commissioners of Morris County for the purpose of
prevention, protection, response, and recovery in emergency situations.
Section 4. Secretary-Treasurer. The Secretary-Treasurer, in cooperation with the
Information Coordinator, is the custodian of all books, papers, documents and other
property of the LEPC. The Secretary-Treasurer shall keep a true record of the
proceedings of all meetings of the LEPC. Additionally, the Secretary-Treasurer in
conjunction with the Information Coordinator attends to the business needs of the LEPC
and maintains an accurate record of all monies received and expended for the use of the
LEPC.
Section 5. Information Coordinator/Vice Chairperson. The LEPC shall appoint an
Information Coordinator. The Coordinator shall process requests from the public for
information under Section 324 (Right-to-Know), including Tier II information under
Section 312. Additionally, the Coordinator will assist the Secretary-Treasurer in records
management and financial matters. The Information Coordinator shall also serve as the
Vice-Chairperson, and perform such duties as may be assigned by the Chairperson.
Upon resignation, death, or in the absence of the Chairperson, the Information
Coordinator shall perform the duties of the Chairperson.
ARTICLE IV
COMMITTEES
Section 1. Executive Committee. The Executive Committee will consist of the
Chairperson, Information Coordinator/Vice-Chairperson, Secretary-Treasurer, and any
Chairpersons of the standing committees as described in Section 2. The duties of the
Executive Committee shall be to coordinate activities of the Standing and Ad-Hoc
Committees.
Section 2. Standing Committees. The following Standing Committees may be
established, as determined necessary by the Executive Committee:
A. Right-to-Know Committee. This Committee’s responsibilities include: the
formulation of all policies and procedures concerning the public’s right-to-know
program; the formulation of all chemical release reporting procedures; the
establishment of trade secret protection procedures; and the formulation of all
record keeping and information dissemination procedures for the LEPC.
B. Public Education and Information Committee. This Committee’s responsibilities
include: reviewing the public alert and notification program; public relations with
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affected communities and public at large; all publicity of the LEPC; development
of public education and information program.
C. Emergency Response and Resources Committee. This Committee’s
responsibilities include: development of procedures for identification and
communications with hazardous materials facilities located in the planning
district; work with existing emergency response organizations in jurisdictions
within the planning district to review and help the local emergency management
office(s) test a hazardous substance emergency response plan for the planning
district as required by law; and review existing federal, state and local plans for
the purpose of coordination with the LEPC planning process.
D. All Hazards Committee. This Committee’s responsibilities include: identification
of hazards in the planning district that are not related to hazardous materials;
recommend procedures to governing units within the planning district for
mitigation, preparation, and response to such hazards. This Committee meets at
least bi-monthly, and such meetings may be held in conjunction with LEPC
meetings. The chair of this committee is the LEPC Chair, unless otherwise
nominated and elected as provided in Section 4 below.
Section 3. Meetings. Meetings of the Standing and Ad Hoc Committees may be called by
the Chairperson of the LEPC or the Chairperson of the Committee as deemed necessary.
Section 4. Chairperson of the Standing Committees. The Chairperson of the Standing
Committees will be nominated and elected by their respective Committees. Voting shall
be conducted as provided in Article III, Section 1, with the terms of offices as provided in
Article III, Section 2.
Section 5. Membership of Standing Committees. All members must volunteer to serve on
at least one Standing Committee. Final membership of the Standing Committees shall be
determined by the Chairperson after consultation with the Executive Committee to ensure
that all Committees have sufficient manpower to carry out their assigned tasks.
Section 6. Ad Hoc Committees. The Chairperson may create Ad Hoc Committees as
necessary to perform the functions of the LEPC. Chairpersons of Ad Hoc Committees
shall be appointed by the Chairperson of the LEPC.
ARTICLE V
MISCELLANEOUS PROVISIONS
Section 1. Fiscal Year. The fiscal year shall be considered to run from October 1 to
September 30.
Section 2. Indebtedness. All indebtedness incurred by the LEPC will be approved by the
Chairperson before payment by the Secretary-Treasurer.
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Section 3. Approval of By-Laws. These by-laws shall become effective upon approval by
a majority of those in attendance at the organization meeting.
Section 4. Disqualification. Any member who is unable to attend a meeting of the LEPC
is responsible for notifying the Secretary-Treasurer or Chair of the LEPC of the
member’s absence prior to the meeting. Any member with four (4) or more consecutive
absences during the calendar year is subject to disqualification at the request of the LEPC
to the board of county commissioners and the CEPR.
ARTICLE VI
AMENDMENTS
Section 1. Amendments. These by-laws may be amended by a two-thirds vote of
members present and voting at any meeting of the LEPC provided that any amendments
to these by-laws be submitted to the members in writing at least 72 hours in advance of
the meeting. Any member of the LEPC shall have the right to comment on or suggest
revision to the by-laws.
ARTICLE VII
RULES
EPCRA requires that the LEPC “shall establish rules by which the committee shall
function. Such rules shall include provisions for public notification of committee
activities, public meetings to discuss the emergency plan, public comments, response to
such comments by the committee, and distribution of the emergency plan.”
Section 1. Adoption of Rule; Publication of Proposals. The LEPC may, as necessary and
proper, adopt rules of general application governing the execution of responsibilities
under EPCRA and related applicable regulations. Such rules must first be published in
proposed form in The Council Grove Republican and The Prairie Post not less than 10
days prior to final adoption by the LEPC. Proposed rules are subject to public comment
during the 10-day period. The LEPC Information Coordinator is encouraged, but not
required, to mail notices of the proposed rule making to interested local government
officials, industries, and citizens.
Section 2. Method of Initiating proposed Rule-Making. Any member of the LEPC may
recommend the initiation of proposed rule making. Any proposed rules will initially be
considered by the Executive Committee, unless otherwise decided by the LEPC. If the
Executive Committee, by majority vote approves the proposed rule, it will thereafter
proceed to publication as provided in the preceding section.
Section 3. Method of Adopting Final Rules. Following the expiration of the 10-day
comment period, the Executive Committee will review all public comments and prepare a
statement that responds to comments and discusses the basis for any appropriate changes
to the proposal. The Executive Committee will present such statement to the LEPC. The
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LEPC will then vote on the adoption of the proposed rule. If the vote is favorable, the
rule will take effect immediately upon the time and date the notice of adoption is first
published.
Section 4. Notice of Adoption. Upon adoption of any rule by the LEPC, the Information
Coordinator may also publish the LEPC’s response to comments received and any
changes to the proposal made in response to such comments. Publication of the final rule
may be in the same manner as that for the proposed rule.
Section 5. Emergency Rules. In emergency circumstances, the LEPC may adopt rules
without prior public notice and comment, provided that no such rule will remain in effect
for more than 90 days.
FINAL RULES
Public Access to Information
A. In accordance with Section 324 of the Act, all information obtained from an
owner or operator pursuant to EPCRA and any requested Tier II form or the
Material Safety Data Sheet (MSDS) otherwise in possession of the Committee
shall be made available to the person submitting the request under this section,
provided upon request of the owner or operator, the Committee shall withhold
from disclosure the location of any specific chemical identified in the Tier II
form.
B. All information requested to be photocopied by any member of the public, shall
be provided at the sole expense of such persons. The cost of such photocopying
shall be set from time to time by the Information Coordinator, with the approval
of the Executive Committee in an amount which will enable the LEPC to
recover all reasonable expenses associated with processing the request.
Copies of the LEPC bylaws, proposed rules, or rules shall be available for
inspection and may be provided at no charge to the public, although the
Information Coordinator is authorized to recover reasonable expenses for
photocopying in the case of requests for multiple copies made by any single
individual or entity.
C. Request for MSDS and Other Non-Confidential Information
1. Any person may obtain a MSDS with respect to a specific facility by
submitting a written request to the Committee’s Information
Coordinator.
2. Any person may obtain any other non-confidential information in the
possession of the Committee by submitting a written request to the
Committee’s Information Coordinator.
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3. If the Committee does not have in its possession the MSDS or other
information requested in subsections C1 or C2 of this section, it shall
request a submission of the MSDS from the owner or operator of the
facility that is the subject of the request. The Committee will only
make requests to specific facilities for information, which it is required
to maintain or collect pursuant to applicable law.
D. Requests for Tier II Information
1. Any person may request Tier II information with respect to a specific
facility by submitting a written request to the Committee in accordance
with the requirements of this section.
2. If the Committee does not have in its possession the Tier II
information requested in subsection D1 of this section, it shall request
a submission of the Tier II form from the owner or operator of the
facility that is the subject of the request, provided that the request is
from a state or local official acting in his or her official capacity or the
request is limited to hazardous chemicals stored at the facility in an
amount in excess threshold planning quantities.
3. If the request under subsection D1 of this section does not meet the
requirements of subsection D2 of this section, the Committee may
request submission of the Tier II form from the owner or operator of
the facility that is the subject of the request if the request under
subsection D1 of this section includes a general statement of need.
E. Trade Secrets . Except as provided in this section, all information submitted to
the LEPC by facilities pursuant to EPCRA shall be public information. Other
than a claim designated in this section, the LEPC will not honor any business
confidentially or trade secret claims. Pursuant to Section 312 and Section 214(a)
of the Act, the location of specific chemicals requested to be submitted with
Tier II information shall be maintained as confidential by the LEPC provided
that a claim of confidentiality is submitted with the information and satisfies all
applicable requirements for such claims under EPCRA and any regulations
promulgated pursuant to the same. Such information shall be exempt from
disclosure by the LEPC permanently or until such time as:
1. An authorized governmental agency, and if applicable, a court or
competent jurisdiction makes a final determination following any
appeals, that such information not subject to a valid claim of business
confidentiality or trade secret; and
2. The LEPC receives a written notice of such determination.
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THESE BY-LAWS OF THE MORRIS COUNTY LOCAL EMERGENCY
PLANNING COMMITTEE (LEPC) WERE ADOPTED AT THE REGULAR
MEETING OF THE LEPC ON THE 6th DAY OF NOVEMBER, 2009.
Ashley Hinkson
LEPC CHAIRPERSON (SIGNATURE) DATE
Diana Jost
CHAIRMAN, COUNTY COMMISSIONERS (SIGNATURE) DATE