Kentucky Statutes 39E.110 – Committee duties
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(1) Duties of the committees shall include:
(a) Development of plans to prepare emergency response organizations within cities, counties, urban-county governments, and charter county governments to respond effectively to releases of hazardous substances;
(b) Identification of a twenty-four (24) hour warning point within the district to which persons responsible for releases of hazardous substances must report those releases;
(c) Establishment of a method, consistent with federal law, commission policies, and administrative regulations, by which manufacturers, users, or storers of hazardous substances may report the presence of those substances, and by which members of the public may obtain information about those substances;
(d) Appointment of a committee chairman, from among its members, for a term of two (2) years. Chairmen may be reappointed;
(e) Development and maintenance of plans consistent with administrative regulations promulgated by the commission; and
(f) Development of procedures for the annual review of emergency plans and procedures developed under this chapter.
(2) Local committees shall advise the commission of their actions by providing a copy of minutes to the commission within thirty (30) days of the date of the meeting. If the minutes are later changed before approval, a copy of the revised minutes shall be submitted to the commission within thirty (30) days of the approval.
(3) Local committees may request the chief of the fire department with jurisdiction over a facility which has, or may have, substances subject to Title III, Pub. L. No. 99-
499, to make on-site inspections of the facilities and to report all findings to the chairman of the committee.
(4) Members of local committees shall serve for terms as specified by the commission, though not to exceed four (4) years except by reappointment. Committees may establish attendance standards for continued membership and shall advise the commission of any additions or deletions from the membership that are desired. These changes may be approved or disapproved by the commission.
(5) Committee meetings shall be subject to provisions of KRS § 61.805 to KRS § 61.850 relating to public meetings and to KRS § 61.870 to KRS § 61.884 relating to open records, provided that trade secrets, as determined by the federal Environmental Protection Agency, are processed in accordance with 42 U.S.C. § 11042.
(6) The local committee may, after consultation with the commission chairman, seek civil remedies prescribed in Section 326, Pub. L. No. 99-499.
(7) The local committee may, with the advice and consent of the commission chairman, submit information to the county attorney for prosecution.
(8) Consultations pursuant to subsection (6) of this section shall be made prior to the giving of notice of intent to commence a civil action.
Effective: July 15, 1998
History: Created 1998 Ky. Acts ch. 226, sec. 68, effective July 15, 1998.
(a) Development of plans to prepare emergency response organizations within cities, counties, urban-county governments, and charter county governments to respond effectively to releases of hazardous substances;
Terms Used In Kentucky Statutes 39E.110
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Commission: means the Kentucky Emergency Response Commission and those persons appointed by the Governor to implement provisions of Title III, Pub. See Kentucky Statutes 39E.020
- Facility: means all buildings, equipment structures, and other stationary items which are located on a single site or on contiguous or adjacent sites and which are owned or operated by the same person, or by any person which controls, is controlled by, or under common control with such person, and which manufactures, stores, or uses substances covered under this chapter. See Kentucky Statutes 39E.020
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- local committee: means those persons appointed by the commission to assist in the implementation of Title III, Pub. See Kentucky Statutes 39E.020
- Warning point: means that location, operated by state or local government, and identified by the state commission or local committee, and which is continuously staffed, and which has the capability or responsibility to contact governmental emergency response organizations and, if capability exists, to warn the public of hazards which may affect them. See Kentucky Statutes 39E.020
(b) Identification of a twenty-four (24) hour warning point within the district to which persons responsible for releases of hazardous substances must report those releases;
(c) Establishment of a method, consistent with federal law, commission policies, and administrative regulations, by which manufacturers, users, or storers of hazardous substances may report the presence of those substances, and by which members of the public may obtain information about those substances;
(d) Appointment of a committee chairman, from among its members, for a term of two (2) years. Chairmen may be reappointed;
(e) Development and maintenance of plans consistent with administrative regulations promulgated by the commission; and
(f) Development of procedures for the annual review of emergency plans and procedures developed under this chapter.
(2) Local committees shall advise the commission of their actions by providing a copy of minutes to the commission within thirty (30) days of the date of the meeting. If the minutes are later changed before approval, a copy of the revised minutes shall be submitted to the commission within thirty (30) days of the approval.
(3) Local committees may request the chief of the fire department with jurisdiction over a facility which has, or may have, substances subject to Title III, Pub. L. No. 99-
499, to make on-site inspections of the facilities and to report all findings to the chairman of the committee.
(4) Members of local committees shall serve for terms as specified by the commission, though not to exceed four (4) years except by reappointment. Committees may establish attendance standards for continued membership and shall advise the commission of any additions or deletions from the membership that are desired. These changes may be approved or disapproved by the commission.
(5) Committee meetings shall be subject to provisions of KRS § 61.805 to KRS § 61.850 relating to public meetings and to KRS § 61.870 to KRS § 61.884 relating to open records, provided that trade secrets, as determined by the federal Environmental Protection Agency, are processed in accordance with 42 U.S.C. § 11042.
(6) The local committee may, after consultation with the commission chairman, seek civil remedies prescribed in Section 326, Pub. L. No. 99-499.
(7) The local committee may, with the advice and consent of the commission chairman, submit information to the county attorney for prosecution.
(8) Consultations pursuant to subsection (6) of this section shall be made prior to the giving of notice of intent to commence a civil action.
Effective: July 15, 1998
History: Created 1998 Ky. Acts ch. 226, sec. 68, effective July 15, 1998.