Bylaws
Article I
This organization, in accordance with the requirements of SARA Title III — Emergency
Planning and Community Right to Know Act (EPCRA) 42USC 11001 et. Seq. shall be known as the Boone County Local Emergency Planning Committee (LEPC).
Article II — PURPOSES
The purposes of the LEPC, in meeting the requirements of SARA Title III- Emergency
Planning and Community Right to Know Act (EPCRA) 42 USC 11001 et. Seq., are as follows:
The LEPC shall develop a chemical emergency response 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 an annual basis in accordance with Section
303 of EPCRA.
The LEPC shall, in addition:
- Receive and process requests for information from the public.
- Notify the public of all LEPC meetings or activities.
- Perform a hazard analysis using the information and reports from facilities operating within the jurisdiction of the LEPC, and analysis of the district’s transportation risks.
- Establish and maintain a computerized data base of hazardous chemical locations and quantities in the district.
- Maintain information on facilities that manufacture or store extremely hazardous substances, and include this information within the emergency response and preparedness plan.
- Promote community safety, emergency preparedness, safe emergency response and safe handling of hazardous materials used, stored, manufactured, and consumed in the community.
The LEPC will establish and notify the public, that all meetings, including committee and ad-hoc committee meetings, are open to the public. The LEPC will implement such other related activities as may hereafter be legally required by the federal government and/or the State Emergency Response Commission (SERC).
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 shall be instrumental in fulfilling the purpose if the Community Right-To-Know laws to increase the protections of the community from exposure to chemicals produced, used, stored, and/or transported within the Planning District. Transportation hazards analysis will include those risks to the district from commercial transportation by rail, highway, aircraft, and waters of commerce.
In keeping with the intent of the SARA Title IIIIEPCRA regulations, all activities of the LEPC will be conducted in a manner encouraging input and participation from all segments of the community.
Article III – MEMBERSHIP
The committee shall be composed of, at a minimum, representatives from the following twelve groups or organizations; elected state or local officials, local environmental groups, law enforcement, hospital, local EMA, transportation, firefighting, broadcast/print media, first aid/EMT, community groups, health, and owners/operators of facilities subject to Emergency Planning and Community Right To Know laws and regulations.
MEMBERS. Members of the LEPC are volunteers and shall be residents and/or conduct business in the jurisdictional area of the LEPC.
INACTIVE MEMBERS —Appointed members shall be considered inactive when they have missed five or more consecutive Committee meetings without notification to a member of the Executive Committee of significant reasons why they were unable to attend the meetings. The membership list shall identify members considered inactive and will be provided to the SERC.
VACANCIES -The represented organization will appoint a replacement member for any vacancy upon request of the LEPC, including a vacancy by reason of resignation, death, removal, or disqualification of a member.
Article IV – OFFICES AND APPOINTED POSITIONS
Elected offices of the Boone County LEPC are Chairman, Vice-Chairman, and Secretary. If the office of secretary remains open, the Chairman and Vice- Chairman will assume duties of the Secretary. The County administration annually appoints the Treasurer and the Information and Community Emergency Coordinator.
OFFICE TERMS. The membership of the LEPC shall elect officers by majority ballot or voice vote at the last scheduled meeting of the calendar year. Elected officers, committee chairmen, and all appointed office holders serve a term of one year. Existing officers may be re-elected to their existing offices if they are nominated or so shall indicate a willingness to continue.
CHAIRMAN. The Chairman shall preside at all meetings of the LEPC unless he/she cannot be present at an announced meeting. The Vice-Chairman will be named to fulfill the obligation by the existing Chairman. The Chairman shall serve as an ex-officio member of all committees, and shall perform such duties and acts as necessary to accomplish the goals of the LEPC. The Chairman shall be empowered to create such other committees as necessary to accomplish the goals of the LEPC.
VICE-CHAIRMAN. Upon the resignation, or death, or on the advice of the Chairman the Vice-Chairman shall perform the duties of the Chairman. The Vice-Chairman shall perform other duties as may be assigned by the Chairman.
TREASURER. The treasurer shall attend to the business needs of the LEPC and shall maintain an accurate record of all monies received and expended for the use of the LEPC. The appointee will be a non-voting Executive Committee member and shall be appointed annually.
SECRETARY. The Secretary, in cooperation with the LEPC Chairman, Vice-Chairman and Boone County EMA coordinator, shall record and disseminate the meeting minutes, be the custodian of all books, papers, documents, and other property of the LEPC.
INFORMATION AND COMMUNITY EMERGENCY COORDINATOR – The LEPC may appoint the Boone County Emergency Management Agency Coordinator, or his designee, as the Information and Community Emergency Coordinator. The Coordinator is responsible for maintaining the committee’s files of information received under the Act and procedures adopted under it and for receiving and fulfilling requests from the public for that information. The Coordinator will assist the Secretary in records management. The Coordinator will be a voting member of the Executive Committees of the LEPC. The LEPC development and implementation of the chemical emergency preparedness plan of the planning district and for receiving verbal and follow-up written notices of releases of hazardous substances provided under EPCRA.
Article V- MEETINGS
All meetings are open to the public and may be subject to the Illinois Open Meetings Act, 5 ILCS 120/1 et. Seq.
(a) REGULAR MEETINGS
The LEPC shall meet at least four times The Chairman will schedule these meetings at various public locations throughout Boone County. The scheduled locations shall be announced no later than the first meeting of the year.
(b) SPECIAL MEETINGS
The Chairman may call special meetings as necessary to carry out the duties of the LEPC. Upon the written request of at least five members, the Chairman shall call a meeting within ten (10) days.
(c) HEARINGS
The LEPC shall hold such public hearings and forums as necessary and desirable at such time and places as may be determined by a majority vote of the Executive Committee. At least one such public hearing, or forum, may coincide with the scheduled Annual LEPC Meeting and include discussion of the committee’s emergency plan with the public, and receiving and responding to public comments on the presented plan.
(d) QUORUM
Attendance by seven (7) members shall present a quorum. Acts of a majority of the quorum shall be valid acts of the Committee, unless the action of a greater number is required by these by-laws.
(e) AGENDA
The agenda of each meeting shall be distributed to all members with each meeting notice. Any member may request that the Chairman place an item on the meeting agenda. If the Chairman should decline to do so, a member may have the item placed on the agenda by submitting it in writing to the Chairman with support signatures of five (5) of the membership.
(f) RULES OF ORDER
Robert’s Rules of Order, Newly Revised, shall govern the deliberations of all meetings of the LEPC and its committees.
(g) NOTICE OF MEETINGS
Notice of time, date, place of meetings, and agenda items to be considered at each meeting shall be given in writing to all members at least one week prior to each meeting by the officers or Chairman. Notice of the regular meeting schedule of the LEPC shall be sent to the local newspaper for publication in a regular circulation edition in Boone County in accordance with SARA, Title III (EPCRA). This notice shall specify the annual meeting designated specifically for public participation and for comments on the emergency plan.
Article VI – COMMITTEES
The Chairman of the LEPC or the Chairman of the committee may call meetings of the Standing and Ad-Hoc Committees as deemed necessary.
Section 1. Executive Committee. The Executive Committee will consist of the Chairman, Vice-Chairman, Treasurer, Information and Community Emergency Coordinator, and Secretary. The duties of the Executive Committee shall be to coordinate activities of the LEPC, Standing and Ad-Hoc Committees.
Section 2. Standing Committees. The following Standing Committees should be established annually:
(a) Public Education and Information Committee. This committee, when necessary, shall be responsible for reviewing the public alert and notification program: public relations with affected communities and the public at large; all publicity of the LEPC; and the development of a public education and information program.
(b) Emergency Response and Resources Committee. This committee, when established, will work with the LEPC, the Information and Community Emergency Coordinator, and with the existing emergency response organizations within the planning district to review and help local emergency management office(s) test a hazardous chemical emergency response plan for the planning district as required by law. This committee shall review existing federal, state, and local plans for the purpose of coordination with the LEPC planning process.
(c) Compliance Committee. This committee, when necessary, shall act as liaison between the full LEPC and the Boone County EMA office to review the Tier Two submittals and reporting compliance of those required to report. Written reports of the file reviews shall be presented at a regularly scheduled meeting of the LEPC.
Section 3. Ad-Hoc Committees. The Chairman may create Ad-Hoc Committees as necessary to perform the functions of the LEPC. The Chairman of the LEPC shall appoint Chairmen of the Ad-Hoc Committees.
Section 4. Committee Chairmen. The LEPC Chairman shall appoint the Chairmen of the Standing Committees with the concurrence of the Executive Committee.
Section 5. Membership in Standing Committees. Any member may volunteer to serve on the Standing Committees. Final membership of the Standing Committees shall be determined by the Chairman with concurrences of the Executive Committee to ensure that all committees have sufficient resources to carry out their assigned tasks.
Article VII – MISCELLANEOUS PROVISIONS
Section 1. Fiscal year. The fiscal year shall be considered to run from January 1 to December 31.
Section 2. Expenditures shall be subject to the county claims process. Payment requests will be submitted by the Treasurer.
Section 3. Approval of Bylaws. These bylaws shall be announced to the LEPC members one month in advance. They shall become effective upon approval by a majority of those members in attendance at the meeting at which they are presented and discussed.
Article VIII AMENDMENTS
Amendments. These bylaws 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 bylaws be submitted to the members in writing at least one month in advance of the meeting. Any member of the LEPC shall have the right to comment on or suggest revisions to the bylaws.
Article IX — RULES
EPCRA requires that the LEPC establish rules by which the committee shall function. Such rules 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 Rules.
The LEPC may, as necessary and proper, adopt rules of general application governing the execution of responsibilities under EPCRA and related applicable regulations.
Article X PUBLIC ACCESS TO INFORMATION
In accordance with Section 324 of EPCRA, all information obtained from an owner or operator pursuant to EPCRA and any requested Tier Two forms or the Safety Data Sheets (SDS) otherwise in possession of the LEPC shall be made available to any person submitting a request under this section, subject to any withholding provisions of EPCRA. If the owner should request the location of a specified chemical not be identified, the LEPC shall withhold that information.
All photocopied information requested by a member for the public shall be provided at the sole expense of the requestor(s). The information and Emergency Coordinator shall set the cost of such reproductions, with the approval of the Executive Committee, at a level, which would enable the recovery of all reasonable expenses associated with the processing of the request. This cost assessment may be waived under certain circumstances as enumerated by the LEPC in writing.
All written requests for information shall be compiled in accordance with the Illinois Freedom of information Act, 5 ILCS 140 (1999).
Requests for SDS’ and other Non-Confidential Information. Any person may obtain an SDS with respect to a specific facility by submitting a written request to the Committee’s Information Coordinator. Any person may request any other non-confidential information concerning a facility by submitting a written request to the Committee’s Information Coordinator.
Request for Tier Two Information. Any person may request Tier Two information with the respect to a specific facility by written request to the Committee’s Information Coordinator. If the Committee does not have in its possession the Tier Two information as requested, it shall request a submission of the particular Tier Two form from the owner or operator of the facility subject to the request.