Local Emergency Planning Committee
Why do we need a LEPC?
- Emergency Planning and Community Right-to-know Act of 1986 (EPCRA) mandate (SARA Title III)
- EPCRA establishes requirements for industry and for federal, state, and local governments regarding emergency planning and community right to know reporting for hazardous chemicals being stored, use in production or released into the environment in reportable quantities. (EPCRA is codified in the U.S. Code under title 42 chapter 116)
LEPC Objectives
- Collect and maintain information on Hazardous Materials being used in or passing through the county
- Analyze associated risks and vulnerabilities and generate an effective emergency plan
- Make planning information readily available to responders and the general public
- Provide an open forum for the local community to discuss hazardous materials issues
Bylaws – the following will be defined
- Table of Contents
- Name
- Purpose
- Membership
- Executive Committee
- Committee Meetings
- Parliamentary Authority
- Amendment of Bylaws
Bylaws – Name
The organization shall be known as the “Montgomery County Local Emergency Planning Committee”, hereinafter referred to as the “Committee” and/or the “LEPC”.
Bylaws – Purpose
The purpose of the Committee is twofold. First, the Committee is to ensure that all acts required by the SARA Title III, the Emergency Planning and Community Right-to-know Act of 1986 are complied with, and that all necessary work is accomplished to develop a comprehensive chemical emergency response plan for Montgomery County. Secondly, the Committee shall have advisory responsibility for Montgomery County emergency management planning.
Bylaws - Membership
The committee shall be composed of members who are willing to regularly attend meetings and serve on committees as needed, or as service as an LEPC officer. Membership shall include, at a minimum, one representative from each of the following disciplines, with each member serving in only one membership category:
Broadcast/Print Media Health
Community Groups Hospital
Emergency Management Industry
Emergency Medical Services Law Enforcement
Environmental Local/state government
Firefighting Transportation
Membership will include equal representation of all disciplines and agencies. Members of the LEPC shall be a resident or conduct business in the jurisdictional area of the LEPC.
- Committee Membership Conditions
- Members must meet the criteria established by the Tennessee Emergency Management Agency
- Vacancies
- Any vacancy occurring in the LEPC by reason of resignation, death or disqualification will be filled by identification of a qualified replacement and nominated, by vote of the membership to fill the position in which such a vacancy exists.
- Roster of Committee Members
- A roster of the names, business addresses and telephone numbers of the Committee members shall be on file in the Montgomery County EMA office.
- Subcommittees
- The Chair of the Committee may appoint members and chairs of subcommittees as deemed necessary.
Bylaws – Executive Committee
The Committee shall elect from its members a nine-member Executive Committee having representation from City and County elected officials, City and County fire-fighting agencies, City and County law enforcement agencies, EMA, EMS, school system, and industry. Officers may represent more than one entity. The officers shall be elected at the first regular meeting of the calendar year at which a quorum is present, and shall serve for a term of two years, and maximum of two terms. In the event of an officer’s resignation prior to the end of the officer’s term, a new officer shall be elected at the next meeting of the Committee at which a quorum is present and shall serve out the remainder of the resigning officer’s term.
From the executive committee, a Chairperson, Vice Chairperson, and Secretary must be determined. In addition, the EMA Executive Committee representative will serve as the Information Coordinator.
- Duties of Officers
- Chairperson: The Chairperson of the Committee shall preside at all regular and special meetings of the Committee, shall create subcommittees as needed, shall act as spokesperson for the Committee, and shall be an ex officio member of each subcommittee.
- Vice Chairperson: The Vice Chairperson shall perform all the duties of the Chairperson in the Chairperson’s temporary absence or disability and shall perform any other duties assigned by the Chairperson.
- Secretary: The Secretary will be responsible for maintaining a record of the proceedings of the Committee and prepare the Committee’s meeting minutes, shall post announcements of Committee and Subcommittee meetings, shall send out meeting minutes and other documents prepared by the Chairperson, shall annually mail to the local newspaper the annual legal notice of the Committee, and shall perform such other duties as the Chairperson may assign.
- Information Coordinator: The Information Coordinator will process requests from the public for information under section 324, including Tier II information under section 312. The coordinator will assist the secretary in records management.
Bylaws – Committee Meetings
- Regular Committee Meeting
The regular meetings of the Committee shall be held at such times and places as designated by the Committee Chairperson and shall be announced to Committee members and the public at least two weeks in advance of the meeting.
The Chairperson of any Subcommittee may call a meeting at their discretion, provided that each subcommittee member, the public, and the Committee are provided notice at least three working days in advance of the meeting.
Reasonable under the circumstances, or special or emergency meetings shall be given contemporaneously with the notice provided members of the public body.
A simple majority of the Committee or one of its subcommittees must be present at a meeting of either, in order for official action to be taken by either group.
- Voting
- Any vote by the committee on any issue shall have no force or effect unless or until taken in open session in a manner in which the decision or each member can be publicly observed.
- Any motion made by a committee member must receive a second from another member in order for any vote to be taken on such motion. When a motion is made and receives no second, the motion shall be deemed dismissed from consideration.
- Every committee member present at a meeting shall vote on each matter placed before the body for vote, unless the member is disqualified from voting.
- In case of absence, a Committee member may send an alternate to vote in their place.
Bylaws – Parliamentary Authority
The rules contained in the current version of Robert’s Rules of Order, Newly Revised, shall govern the Committee in all cases to which they are applicable and when they are not consistent with these bylaws; provided that, however, in no case shall a breach of parliamentary procedure invalidate an action taken by the committee unless the chairman determines that the breach resulted in a misleading of one or more committee members as to the nature of the action taken.
Amendment of Bylaws
Amendments to these by-laws, not inconsistent with the legislation of Title III, or federal, or state or local laws, rules or regulation, may be adopted at any meeting of the LEPC at which a quorum is present, by vote of two-thirds (2/3) of the members present at the meeting of the LEPC. Written notice of any such meeting of the LEPC must contain reasonably adequate notice of the terms of the amendments proposed. Any proposed change in the by-laws shall be presented to the LEPC at least twenty-eight (28) days prior to their adoption.
Meetings
- Frequency of meetings
- Quarterly
- Third Thursday of the month
- Time will be 10 a.m.
- Location will vary