Rules of the Local Emergency Planning Committee

I. Name of Committee:

The name of this committee shall be the "Rockland County Local Emergency Planning Committee" (hereinafter known as "LEPC").

II. Powers and Duties:

A. The LEPC has been established pursuant to Section 301(c) of Public Law 99-499, the Emergency Planning and Community Right-to-Know Act of 1986 (100 Stat. 1738?58) October 19, 1986), hereinafter known as "PL 99-499." The LEPC shall have all the powers and duties conferred upon it by said law, and as said law may from time to time be amended.

B. The principle duty of the LEPC shall be to develop an Emergency Response Plan for the County of Rockland and its included municipalities, and to review such plan annually. This plan shall contain, as a minimum, all the elements set forth in PL 99-499 for such plans.

C. The LEPC shall receive and process requests for public information as set forth in PL 99-499.

III. Membership:

A. The members of the LEPC shall be appointed by the New York State Disaster Preparedness Commission, which has been designated by the Governor as the State Emergency Response Commission pursuant to Section 301(a) of PL 99-499, upon nomination by the Rockland County Executive, and shall include the following:

1. Elected Local Official: Rockland County Elected Official.

2. Emergency Preparedness: the Director of the Rockland County Office of Fire and Emergency Services.

3. Law Enforcement Representatives: the Rockland County Sheriff and one (1) Town or Village Police Chief designated by the Rockland County Chiefs' of Police Association.

4. Fire Fighting Representatives: the Rockland County Fire Coordinator or his/her designee

5. EMS Representative: the Deputy Commissioner of the Rockland County Emergency Medical Services or representative.

6. Health Representative: Commissioner of the Rockland County Department of Health.

7. A representative of a local environmental group.

8. Hospital Representative: a practicing physician affiliated with a local hospital and experienced in emergency medicine.

9. Transportation Representative: a representative of a firm engaged in the transportation of hazardous materials.

10. Broadcast Medical Representative: a representative of the principle Emergency Alert System radio station in Rockland County.

11. Print Media Representative: a representative of the Journal News and/or local community newspapers.

12. Community Group Representative.

13. Facility Owners and Operators Representatives: three representatives of facilities subject to the requirements of PL 99-499.

14. Other Representatives: those individuals whose interest, background, training and experience may be of value to the LEPC. These individuals would be recommended for appointment by the members of the LEPC.

15. Each appointed member of the LEPC may submit the name of an alternate delegate to attend LEPC meetings. The name of the alternate delegate must be submitted to the SERC for approval.

IV. Officers:

A. The LEPC shall, at its organizational meeting, elect by a majority vote, a Chairperson and a Vice Chairperson. Said Officers shall serve a term of one year. Elections for these two officer ships shall thereafter be held annually.

B. The powers and duties of the Chairperson shall be to preside at meetings of the LEPC, appoint such standing and special subcommittees as shall be needed to conduct the business of the LEPC, serve as the spokesperson for the LEPC, and perform such other powers and duties as are customary for the presiding officer of similar committees and boards.

C. The powers and duties of the Vice Chairperson shall be to exercise the powers of the Chairperson in the Chairperson's absence and to carry out such other duties as may be directed by the Chairperson.

V. Conduction of Meetings:

A. The LEPC shall meet as often as necessary to conduct its business and in no event less often than once annually.

B. The LEPC shall not conduct business in the absence of a quorum of its members. A quorum being 8 appointed members as set forth in Article III of these Rules. The appointed alternate, in the absence of the member, shall county in establishing a quorum for any given meeting.

C. The LEPC shall conduct its business by means of resolutions duly adopted by a majority of the membership. No motion, resolution, or other parliamentary device shall prevail unless it receives a majority of the votes of the membership.

D. The LEPC shall be deemed to be a "public body" of the County of Rockland within the meaning of the New York State Open Meetings and Freedom of Information statutes, except as those statutes may be superseded by applicable Federal Law.

E. Except as otherwise provided in these Rules, the LEPC shall conduct its business in accordance with Roberts' Rules of Order.

F. Should the LEPC member and the alternate delegate be present at the meeting, only the member shall have the right to make motions or vote on an issue.

VI. Public Relations:

A. The public is encouraged to participate in the work of the LEPC by attendance at meetings, and when in order, by addressing the LEPC.

B. The public shall be notified of meetings of the LEPC in accordance with applicable provisions of the New York Open Meetings Law, specifically by advance notice given to the local public media by Rockland County.

C. No later than April 15, 1988 the LEPC shall advertise and conduct at least one meeting in which members f the public shall be invited to address the LEPC on matters which they believe should be considered in the Emergency Response Plan.

D. At least 30 days before the adoption of the Emergency Response Plan, the LEPC shall cause to be published a summary of the provisions of the proposed plan and shall hold at least one hearing to receive the comments of the public thereon. Minutes of the public comments shall be made, and the LEPC shall take due note of the public comments, including action taken by the LEPC with respect to the comments, prior to adoption of the emergency plan.

E. The procedure set forth in Section D of this Article shall also apply to the adoption of future substantive amendments and revisions to the Emergency Response Plan.

F. Copies of the Emergency Response Plan and such amendments and revisions as may from time to time be adopted shall be distributed to (a) cognizant State and Federal authorities, (b) all police, fire, and EMS agencies within Rockland County, (c) all "covered facilities" in Rockland County within the meaning of PL 99-499, and (g) the Rockland County Executive.

VII. Public Access to Information:

A. The Rockland County Office of Fire and Emergency Services is hereby designated as the secretariat of the LEPC.

B. The Commissioner of the Rockland County Office of Fire and Emergency Services is hereby designated as the Coordinator of Information pursuant to Section 301(c) of PL 99-499.

C. The Emergency Response Plan, Material Safety Data Sheets, lists described in Section 311(a)(2) of PL 99-499, inventory forms, toxic chemical release forms, and follow-up emergency notices shall be made available to the general public, consistent with the trade secret exceptions in Section 322 of PL 99-499, during normal working hours at the Rockland County Office of Fire and Emergency Services. Upon request by an owner or operator of a facility subject to the requirements of Section 312 of PL 99-499, the LEPC shall withhold from disclosure under this section the location of any specific chemical required by Section 312(d)(2) of PL 99-499 to be contained in an inventory form as Tier II information.

D. The LEPC shall annually publish a notice in local newspapers that the Emergency Response Plan, Material Safety Data Sheets, and inventory forms have been submitted under this Article. Such notice shall announce that members of the public who wish to review any such plan, sheet, form or follow-up notice may do so at the Rockland County Office of Fire and Emergency Services.

E. Subject to the approval of the LEPC, the Coordinator of Information shall develop and promulgate procedures for processing requests from the public for information under Section C of this Article. Such procedures shall parallel as closely as possible the existing Rockland County procedures under the New York State Freedom of Information Act, provided they are consistent with the requirements of PL 99-499 and these Rules.

VIII. Subcommittees:

The Chairperson shall appoint such standing and special subcommittees as the LEPC shall deem necessary to conduct its business.

IX. Legal Counsel:

The Rockland County Attorney or his designee shall serve as legal counsel to the LEPC.

X. Amendments to the Rules of the LEPC:

These rules may be amended at any time by an affirmative vote of a simple majority of its membership.