THE OWEN COUNTY
EMERGENCY PLANNING COMMITTEE
PREAMBLE
At the request of the Local Emergency Planning Committee of each of the Kentucky Counties, Owen County, and as authorized by Section 301(b) of the Emergency Planning and Community Right-To-Know Act of 1986 (EPCRA), United States Public Law 99-499, and Kentucky Revised Statutes (KRS) Chapter 39, we request the Kentucky Emergency Response Commission (Kentucky ERC) to accept the local emergency planning districts for Owen County into a Local Emergency planning Committee known as the "Owen County Emergency Planning Committee". A list of names recommended for membership of the Local Emergency Planning Committees of Owen County has been provided to the Kentucky Emergency Response Commission of Kentucky.
OWEN COUNTY EMERGENCY PLANNING COMMITTEE BY-LAWS
I. NAME
The name of this local emergency planning committee serving Owen County shall be the "Owen County Emergency Planning Committee" herein referred to as such or as “OCEPC".
II. PURPOSE
The purpose of the OCEPC shall be to serve as the SARA Title III local emergency planning committee for Owen County of the Commonwealth of Kentucky, and to fulfill all duties and responsibilities of a local emergency planning committee as specified in
Title III of the Superfund Amendments, Reauthorization Act of 1986 (P.L. 99-499) KY EM and Chapter 39 of Kentucky Revised Statutes. It is the goal of the OCEPC to fulfill all specified duties and responsibilities within the planning district, without consideration to county boundaries, to include the allocation of funds made available to the OCEPC except as specified in Section XII.
The duties and responsibilities of the OCEPC as a local emergency planning committee, include, but are not limited to:
1) Development of plans to prepare emergency response organizations within the emergency planning district to respond effectively to hazardous materials releases and All Hazards Incidents;
2) Identification of one twenty-four (24) hour warning point within the district to
which persons responsible for releases of hazardous substances must report such releases;
3) Establishment of a method, consistent with federal law, Kentucky ERC policies, and administrative regulations, by which facilities must report the presence of such
substances and by which members of the public may obtain information about those substances;
4) Appointment of a Committee Chairperson, Vice Chairman, Secretary and Treasurer from among its members, for a term of two (2) years. The Chairperson may be re-appointed;
5) Development and maintenance of All Hazard Plans consistent with guidance and policies established by the Kentucky ERC and Kentucky EM;
6) Development and implementation of a schedule of exercises designed to test
and practice emergency All Hazard response plans;
7) Development of procedures for the annual review of emergency plans and
procedures developed under KRS Chapter 39, to include but not necessarily
be limited to plans developed under KRS Chapter 39;
8) Development of a procedure to identify facilities within the planning district
subject to SARA Title III;
9) Development of standard operating procedures (SOPs) which specifically state
how the duties and responsibilities will be accomplished.
10) The Owen County EPC shall also serve as the local Disaster and Emergency Services (DES) organization per KRS 39B.050
11) Definition of All Hazards: Natural, Manmade, Weather, Earthquake, Hazardous Dry, Gas and Liquid materials, Transportation accidents over land, water or air, Fixed facilities and piped liquid and gases.
III. MEMBERSHIP
A. MINIMUM REQUIREMENTS
The OCEPC shall be comprised of not less than twelve (12) individuals, each representing at least one (1) of the following twelve (12) interest categories:
1) Elected local officials;
2) Law Enforcement;
3) Emergency Management;
4) Firefighting;
5) First Aid, E.M.S./American Red Cross Disaster Services;
6) Independent District Health Department;
7) Local environmental groups;
8) Regional hospitals;
9) Regional transportation authority;
10) Broadcast and print media;
11) Community groups; and
12) Owners and operators of facilities subject to KRS Chapter 39
(One facility may agree to represent all facilities in the planning district)
B. ADDITIONAL MEMBERS
Additional members may be appointed in each of these interest categories, as
appropriate and necessary. In addition to these twelve (12) mandated participants
identified in Section III (A) hereof, representatives from other interested and/or affected
organizations may be invited to become members. Additional members who are not
members of any of the categories identified in Section III but who possess expertise in
one of the categories may be appointed to the OCEPC.
C. APPOINTMENT OF MEMBERS
Following compilation of a list of recommended members, the OCEPC, shall act to
officially nominate said persons to membership on the OCEPC by formally transmitting
a list of nominees to the Kentucky ERC for approval and appointment.
Revised lists to update membership or to handle vacancies for unexpired terms shall be
generated by the OCEPC and submitted to the Kentucky ERC at least annually.
D. TERMS OF MEMBERSHIP
The terms of membership shall be two (2) years, beginning in the even years with each
term ending on the same day of the same month as did their term it succeeds in October. A member shall retain membership subsequent to the expiration date of his/her term until a successor takes office or until a period of sixty (60) days has elapsed, whichever comes first. Persons appointed to fill member vacancies shall complete the term of the member replaced. Members may be reappointed to an unlimited number of two (2) year terms. If a member misses four (4) consecutive meetings of the OCEPC, that member shall be considered as resigned from the OCEPC, and the Kentucky ERC shall be requested to delete the resigned members name from the membership list. Letters will be sent to members.
E. MEMBER ALTERNATES
When unable to attend a meeting, a member may designate, in writing directed to the
OCEPC chairperson, an individual to represent the member, in such member's absence,
at meetings of the OCEPC or its subcommittees. Such alternates shall possess the same expertise as the member for which they are serving as alternate. Such alternates shall not have voting privileges.
F. MEMBER RESIGNATIONS
Any member desiring to resign from the OCEPC shall submit his resignation in writing
to the OCEPC prior to the next regularly scheduled meeting for action.
G. MEMBER LOSSES AFFILIATION
Any member who for any reason losses his or her affiliation with the organization which they were associated with at the time of his or her appointment to the OCEPC, and
who does not contact the OCEPC requesting to remain a member as provided under
Section III, subsections A or B, shall be considered as resigned from the OCEPC, and
the Kentucky ERC shall be requested to delete the resigned member's name from the
membership list.
IV. OCEPC OFFICERS
A. The officers of the OCEPC shall be the Chairperson, Vice-Chairperson, Secretary and Treasurer.
B. OFFICERS MUST BE MEMBERS
All officers of the OCEPC shall be members of the OCEPC.
C. ELECTION OF OFFICERS
The Chairperson, Vice-Chairperson, Secretary and Treasurer of the OCEPC shall be elected at its organizational meeting, as defined in Section V (A) hereof. Open nominations for the said offices shall be put forth and the election held on October on even years during the organizational meeting. The sequence of the officer's election shall be the Chairperson, Vice-Chairperson, Secretary and then Treasurer. A majority vote of those OCEPC members in attendance shall be required to elect such officers, and the nomination and voting process shall be repeated as many times as necessary until such time as a nominated OCEPC member receives a majority vote of those members in attendance.
D. TERMS OF OFFICE
The terms of office for all OCEPC officers shall be from organizational meeting to
organizational meeting, as defined by Section V (A) hereof in accordance with the terms
set forth in Section III (D) hereof.
E. REMOVAL OF OFFICERS
The OCEPC may remove any officer by a majority roll call vote of those members in
attendance at an official meeting of the OCEPC.
F. VACANCIES
Vacant officers shall be filled in the manner specified in Section IV (C) to complete the
term of office.
G. DUTIES OF THE CHAIRPERSON
The Chairperson shall call and preside over all meetings of the OCEPC; may establish
subcommittees in addition to those established in Section VI, deemed necessary for the
conduct of business of the OCEPC and shall appoint the members of all such
subcommittees, shall designate a Chairperson for each subcommittee established; shall
establish a schedule of meetings for subcommittees established in Section VI, and shall
perform additional duties as are performed by like officers in similar organizations.
H. DUTIES OF THE VICE-CHAIRPERSON
The Vice-Chairperson of the OCEPC shall assume all duties of the Chairperson in the
absence or disability of the Chairperson.
I. DUTIES OF THE SECRETARY
The Secretary shall record or cause to be recorded accurate minutes of all meetings of the OCEPC, shall transmit copies thereof to the Kentucky ERC within thirty (30) days after each such meeting, shall ensure the publication of the annual legal notice (copy attached, Appendix A); shall maintain a list of membership to ensure compliance with Section III (A), III (D), and IV (D) and shall perform other duties as are performed by like officers in similar organizations.
J. DUTIES OF THE TREASURER
The Treasurer shall be responsible for the accountability of all funds awarded to the OCEPC thru the Kentucky Emergency Response Commission Fee Account or from other sources. Funds will be deposited in a separate "Emergency Planning Committee Fee Account" at a banking facility to be selected by the OCEPC. The Treasurer shall be the Authorized Applicant for the OCEPC. Fiscal accountability shall be as prescribed in 106 KAR 1:091, Section 6(1)(2)(3). Allocation of funds shall be as directed in Section XII.
V. OCEPC MEETINGS
A. The OCEPC shall hold its organizational meetings in January, April, July and October of each year. The OCEPC's officers shall be elected at the October organizational meeting, pursuant to Section IV hereof. The OCEPC shall hold a minimum of four (4) meetings each year.
B. OTHER MEETINGS
All other meetings of the OCEPC shall be at the call of the chairperson. The Chairperson shall also call a meeting of the OCEPC upon receipt of written request signed by any three (3) of its members.
C. MEETINGS TO BE PUBLIC
Pursuant to the Kentucky Open Meetings Law and Kentucky ERC regulations, all meetings of the OCEPC shall be public meetings.
D. NOTIFICATION
The OCEPC chairperson shall cause written notification served to all members of the
date, time, and location of each OCEPC Meeting. This notice shall be delivered by
regular U.S. Mail or Email at least seven (7) calendar days in advance of the scheduled meeting date. Notice of regularly scheduled meetings of the OCEPC shall be published annually in the newspaper of record in each county within the planning district served by the OCEPC in accordance with Kentucky Revised Statutes. Notice of any Specially Called Meeting, as in subsection (B) supra, shall be given to the public by publication of notice of the date, time, and place of such meeting in the newspaper of record for each county served by the OCEPC in accordance with the requirements of Kentucky Revised Statutes.
E. QUORUM
The OCEPC shall conduct business at any regular or called meeting only when at least
ten (10) of its members are present, providing that at least one-half (1/2) of the categories listed in Section III, subsection A, which have a member on the committee, are represented.
F. MINUTES
The minutes of the OCEPC's meetings shall be a summary of the meeting's proceedings,
with specific actions indicated in detail and with the related vote itemized. The minutes
shall also indicate those members or alternates in attendance at the meeting. Minutes of
meetings of the OCEPC shall be public records made available to the general public
upon request. A copy of the minutes of each meeting shall be transmitted to the Kentucky ERC pursuant to KRS 39.840 (2).
G. CONDUCT OF MEETINGS
Except as otherwise noted herein, all OCEPC meetings shall be conducted in accordance with the most current edition of Robert's Rules of Order.
VI. SUBCOMMITTEES
A. OCEPC PLANNING AND RESPONSE COMMITTEE
Mission Statement
Presents recommendations to the OCEPC regarding the development, review and approval of local emergency response plans and standard operating procedures.
Assures that plans and planning are compatible with existing and on-going plans and
response programs within the planning district. Insures the OCEPC maintains grant
eligibility with regards to planning requirements established by the Kentucky ERC. Develop and implement a schedule of exercises designed to test and practice the emergency response plan. Make recommendations to the OCEPC regarding priorities for use of grant funds.
OCEPC Committee Officers Composition
The OCEPC Chairperson of the OCEPC Planning and Response Committee shall be the head of the organization. The OCEPC Vice-Chairperson, the OCEPC Secretary and the OCEPC Treasurer shall be the elected officers. The OCEPC Planning and Response Committee will consist of a representative from the following membership categories as a minimum: OCEPC Community Emergency Response Coordinators, firefighters, law enforcement, hospital, transportation, and owner/operators of facilities subject to SARA Title III planning and reporting requirements.
B. OCEPC GRANT COMMITTEE
Mission Statement
Monitor OCEPC grant eligibility status to ensure compliance with statutes and
administrative regulations. Make recommendations to the OCEPC regarding priority
expenditures. Prepares the grant application based on priorities established by the
OCEPC and ensures timely submission to the Kentucky ERC. Monitor expenditures of funds and maintain documentation supporting those expenditures.
Committee Composition
The OCEPC Grant Committee will consist of the Secretary and Treasurer and at least six
other members of the OCEPC membership.
C. OCEPC TRAINING COMMITTEE
Mission Statement
Provide recommendations to the OCEPC regarding training needed within the planning district to carry out emergency plans, emergency response requirements, and SARA Title III compliance. Provide recommendations to the OCEPC regarding the availability and sources of training to fulfill training needs. Provide recommendations to the OCEPC regarding training priorities for the use of grant funds.