LEPC Bylaws
BY-LAWS OF THE
MOHAVE COUNTY
LOCAL EMERGENCY PLANNING COMMITTEE
Revised
January 21, 2021
Section 1. FEDERAL/STATE. These bylaws have been adopted pursuant to the requirements cited in Section 301, Title III, Superfund Amendments and Re-authorization Act of 1986 (SARA), revised Arizona Statutes Title 49 Chapter 1 Article 2 sections 49-121 through 49-133 Community Right-To-Know Act and Hazardous Materials Emergency Response.
*Note the specific sections that pertain to LEPCs are sections 49-124 and 49-125
ARTICLE II – NAME/JURISDICTION
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Section 1.
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NAME. This committee shall be known as the Mohave County Local Emergency Planning Committee, hereafter called the LEPC. |
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Section 2.
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JURISDICTION. The State of Arizona Emergency Response commission (AZSERC) has designated each County with the State as a “planning district”, effective July 17, 1987. |
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Section 3. |
The principal office of the LEPC shall be at the Mohave County Emergency Management office, 700 W. Beale St.. Kingman, AZ 86401. |
Section 1. MISSION. To serve as the Mohave County multi-jurisdictional, multidiscipline, and multi-agency coordinating body to facilitate discussion and planning for All Hazard Emergency issues, including SARA Title III, Hazardous Materials, and related public safety matters as determined appropriate by the LEPC membership.
GOALS. The goals of the LEPC shall be to:
A. Facilitate All Hazard public safety preparedness efforts, with specific emphasis on Hazardous Materials, and including planning, training, exercising, and mitigation (preventative) measures;
B. Facilitate county-wide All Hazard analysis studies and the identification and prioritization of emergency preparedness and response needs, including equipment, planning, training, and exercising;
C. Promote and facilitate the preparation and submission of
grants applications supporting multi-jurisdictional and/or multiagency projects and projects addressing critical county All Hazard and Hazardous Materials Response needs as prioritized by the LEPC;
D. Facilitate the preparation, maintenance, and approval of the Mohave County Hazardous Materials Emergency Response
Plan, also known as Emergency Support Function # 10 Oil and Hazardous Materials of the Mohave County Emergency Response and Recovery Plan, and related Annexes.
E. Develop procedures for receiving and processing requests from the public for information under Title 49 Chapter 1 Article 2 sections 49-121 through 49-133;
F. Establish provisions for public notification of LEPC activities and meetings, receiving and responding to public comments, and dissemination of the Mohave County Hazardous Materials Emergency Response Plan;
G. Conduct emergency preparedness public awareness and education programs designed to create an informed and knowledgeable public;
H. Provide recommendations to appropriate organizations concerning hazardous materials response and preparedness;
I. When practical conduct at least biennial exercises to test portions of the Mohave County Hazardous Materials Emergency Response Plan.
Section 1. ORGANIZATION ELIGIBILITY. LEPC membership will be invited, at a minimum, from groups or organizations specified in Arizona Statutes Title 49 Chapter 1 Article 2 sections 49-121 through 49-133 Community Right-To-Know Act and Hazardous Materials Emergency Response. These categories include:
A. Elected state and local officials.
B. Law enforcement, emergency management, fire service, emergency medical service, public health, local environmental, hospital, transportation, and other emergency services / support personnel.
C. Broadcast and print media.
D. Community groups, to include non-profit and volunteer agencies.
E. Owners and operators of facilities subject to the requirements of Arizona Statutes Title 49 Chapter 1 Article 2 sections 49-121 through 49-133 Community Right-To-Know Act and Hazardous Materials Emergency Response.
Section 2. MEMBER NOMINATION. Any entity (organization, etc.) falling within the categories in Section 1 of this article can participate in the LEPC by nominating in writing one primary member and, if the entity so desires, one alternate member as its representative(s). Primary and alternate nominees need not be from the same unit of the entity but will be considered to represent all units of the entity.
Section 3. MEMBER APPROVAL. Upon receipt of written nomination(s) from an eligible entity, nominee(s) will be voted upon at the next regular LEPC meeting with a quorum present. Upon a positive vote by a majority of those present, nominees will be recommended to AZSERC for final approval as members. Nominees will become official voting members upon approval by AZSERC.
Section 4. MEMBER RESIGNATION. A member from any entity may submit a written resignation to the Chair at any time with immediate effect, upon which the Chair will request that the entity submit a written nomination for a replacement. Member resignation will be forwarded to AZSERC for approval.
Section 5. MEMBER TERMINATION. The LEPC Chair may declare the existence of vacancy and request that an entity nominate replacement(s) when both primary and alternate members of the entity fail to attend three consecutive regularly scheduled quarterly meetings, or the actions of a primary or alternate member are consistently detrimental or contrary to the mission or goals of the LEPC, as determined by a majority of the LEPC. Termination will be forwarded to AZSERC for approval.
Section 6. ASSOCIATE MEMBER. An entity that wishes to associate with the LEPC but cannot provide a nominee who can attend sufficient meetings to avoid a declaration of vacancy as stipulated in Article IV, Section 5, may nominate a person to serve as a non-voting associate member, who must attend at least one meeting per year to avoid a declaration of the existence of a vacancy by the LEPC Chair.
Section 1. REGULAR MEETINGS. Regular meetings shall occur once per calendar quarter at a time and place designated by the Chair or the LEPC, for the purpose of determining progress in LEPC goals, providing guidance to subcommittee task groups, approving recommendations from subcommittees, and transacting such other business as may properly come before it.
Section 2. SPECIAL MEETINGS. Special meetings shall be held at the call of and at a time and place designated by the Chair, or the Vice Chair in the absence of the Chair. Only the business that necessitated the calling of the Special Meeting may be considered during such meeting.
Section 3. NOTICE OF MEETINGS. Notice of any meeting or subcommittee meeting of the LEPC shall be posted in accordance with the State of Arizona Open meeting law. Such notice shall outline, as far as practicable and legal, the matters to be considered at such meeting, including specific issues. Notice of all meetings of the LEPC shall be given to each member via mail, e-mail, or telephone.
Section 4. QUORUM. At any LEPC meeting, a quorum for approval of business is defined as (50% + 1) of the members on the most recent membership and designated proxy list being present at the meeting; with the exception that when two or more members of an entity are present, only one will be included in the member attendance count for voting purposes. “Present” means that the entity’s primary or alternate member or designated proxy is physically present or in contact via telephone/videoconferencing while the meeting is in session. Provision will be made at the primary meeting room for public attendance.
Section 5. VOTING. At any LEPC meeting, each member present shall be entitled to one vote, and voting by proxy shall be permitted, with the exception that when there are two or more members present from the same entity, only one member from the entity may vote. Members must pre-designate proxy representatives in writing for inclusion on the current membership/proxy list in order for proxy voting to be accepted by the Chair at a meeting. Decisions on any question at a meeting of the LEPC shall be by majority vote of the authorized voting members or proxies, counting only one per entity toward the total, present at the meeting.
Section 1. PRINCIPAL OFFICERS. The principal officers shall be the Chair, Vice Chair, and Coordinator of Information. The Chair and Vice Chair shall be elected by the LEPC on an annual basis. The Coordinator of Information shall be the Mohave County Emergency Management Coordinator.
Section 2. CHAIR. The Chair shall preside at all meetings of the LEPC. The Chair shall have general charge and supervision of the affairs of the LEPC and shall perform such other duties as may from time to time be assigned by the LEPC.
Section 3. VICE CHAIR. At the request of the Chair, or in the event of his/her absence or disability, the Vice Chair shall perform any and all duties of the Chair. The Vice Chair shall have such other powers and perform such duties as the Chair may assign from time to time.
Section 4. COORDINATOR OF INFORMATION. The Coordinator of Information shall:
A. Provide administrative support to the other principal officers and the LEPC , including attending and having the minutes of all meetings kept;
B. Coordinate and facilitate the preparation of emergency plans;
C. Assist with the public posting and member notification of meeting notices and agendas;
D. Maintain a current list of LEPC member organizations and representatives and provide such list to AZSERC;
E. Provide information in response to public requests as per Article VIII, Section 2:
F. Perform such other duties as the Chair may assign from time to time;
G.Designate another employee from Mohave County Emergency Management to fulfill the Coordinator’s tasks for the LEPC in the event of the Coordinator’s absence.
Section 1. SUBCOMMITTEE ESTABLISHMENT/APPOINTMENT OF MEMBERS. Subcommittees may be established, as the need arises, by the LEPC, or by the Chair with subsequent approval of the LEPC. Individual appointments to the sub-committees may be made by the LEPC or by the Chair, or as other specified for the standing subcommittees.
Section 2. STANDING SUBCOMMITTEES
A. TRAINING/EXERCISE SUBCOMMITTEE.
A standing subcommittee may meet at least annually to identify training and exercise needs, integrate individual organization plans into a county-wide training/exercise activity schedule, assist in coordinating multi-jurisdictional or multi-agency activities, and identify and prioritize opportunities for expenditure of training/exercise funding provided to the county. The subcommittee will be composed of one representative from Mohave County Emergency Management, one representative with emergency management planning responsibility from each incorporated city, and such other member entity representatives who request to sit on the subcommittee and are appointed by the LEPC Chair. The annual subcommittee meeting may be suspended when the subcommittee is represented in the Multi-Year Training and Exercise Plan Conference coordinated annually by Mohave County Risk and Emergency Management, which addresses the same responsibilities and objectives as defined above for the subcommittee.
B. COMMUNICATIONS SUBCOMMITTEE
A standing subcommittee will meet at least annually to review and evaluate county-wide emergency communications plans and procedures, including those for radio, landline telephone, cell phone, e-mail, satellite phone, EOC management systems, and any other relevant systems. The subcommittee will evaluate current interoperability capabilities and infrastructure functionality, identify training and equipment gaps, recommend interoperable plan/procedure updates and revisions, and identify needed equipment and related purchase and service costs.
C. HAZARDOUS MATERIALS RESPONSE RESOURCE SUBCOMMITTEE
A standing subcommittee will meet at least twice annually to review and evaluate county-wide hazardous materials response resources and training, maintain an updated list of resources on hand and an updated list of resource needs, assist in updating the Hazardous Materials Emergency Response Plan, and assist in preparing grant applications to acquire needed resources.
Section 3.SUBCOMMITTEE CHAIRS. Each subcommittee chair shall be recommended by the subcommittee and appointed by the LEPC Chair. The business and affairs of the subcommittee shall be managed and controlled by the subcommittee chair.
Section 4.TECHNICAL ADVISORS. Individuals with particular expertise, who are affiliated with a member entity, can participate in sub-committee activities as technical advisors regardless of LEPC membership. They will not, however, participate in decisions on recommendations to go before the LEPC if not an LEPC member.
Section 5.MEMBERSHIP. The number of subcommittee members will remain under 50% of the voting members (primary or alternate) of the LEPC, and no subcommittee meetings will be held where 50% of the LEPC voting members are present.
Section 6. VOTING. Subcommittee business will be confined to discussion and implementation of the duties defined for each subcommittee and the development of recommendations for submittal to the LEPC meetings for discussion and possible adoption. No votes other than straw votes on submitting recommendations to the LEPC will be held. Subcommittees are subject to the open meeting law: Quorum is 50% plus one. If this is not met, a meeting cannot be held and no discussion may take place.
Section 7.TERMINATION. Subcommittee membership may be terminated by the LEPC or LEPC Chair after appropriate hearing or by resignation. Three consecutive unexcused absences from regular meetings of the subcommittee may constitute grounds for termination.
Section 8.VACANCIES. Any vacancy in a subcommittee may be filled by appointment by the LEPC Chair or the LEPC.
Section 9.MEETINGS. Meetings of any subcommittee shall be held at the call of the subcommittee or subcommittee chair.
ARTICLE VIII – PUBLIC INFORMATION
Section 1. REQUESTS FOR EPCRA TITLE III INFORMATION. Requests from the public for information under Arizona Statutes Title 49 Chapter 1 Article 2 sections 49-121 through 49-133 Community Right-To-Know Act and Hazardous Materials Emergency Response will be promptly forwarded to the Arizona Emergency Response Commission (AZSERC) for handling in accordance with AZSERC procedures.
Section 2.REQUESTS FOR INFORMATION OTHER THAN THOSE UNDERSECTION 1 ABOVE. Requests for other information regarding LEPC plans, procedures, and functions will be forwarded to the Coordinator of Information for prompt handling.
Section 3.PUBLIC REVIEW OF THE MOHAVE COUNTY HAZARDOUS MATERIALS EMERGENCY RESPONSE PLAN. At each quarterly LEPC meeting, the Hazardous Materials Emergency Response Plan will be made available for public review and comment
Amendments to these bylaws consistent with Title III SARA, EPCRA, and these Bylaws may be amended through a process by which the proposed changes are distributed in writing to LEPC members at least ten days prior to the next scheduled meeting and, if a quorum is present, adopted at the meeting by a positive vote of a majority of the participating entities represented at the meeting.
APPROVED AND ADOPTED BY THE MOHAVE COUNTY LOCAL EMERGENCY PLANNING COMMITTEE THIS 21st DAY OF JANUARY, 2021.