LEWIS/UPSHUR COUNTY Local Emergency
Planning Committee (LEPC)

BY-LAWS Purpose

The Lewis/Upshur Local Emergency Planning Committee is established to implement the provisions of Title III of the Superfund Amendments and Reauthorization Act of 1986: The Emergency Planning and Community Right-to-Know Act of 1986 P.L99-499, with state implementation as enacted by the West Virginia Code. To provide an efficient means of operation, the Lewis/Upshur County Emergency Planning Committee (LEPC) has established this document of By-laws by which to operate.

I. Changes to the By-laws and Procedures

These By-laws may only be changed by a two-thirds majority vote of the LEPC membership present at a regularly scheduled LEPC meeting following a minimum of one month review of the proposed change(s) by the members at a previous meeting. The procedures may be changed by a majority vote of the LEPC members present at a regularly scheduled meeting.

II. Membership

Membership on the LEPC shall be by application to the Committee with subsequent approval by the SERC as established in Chapter 15, Article 5-1 of the West Virginia Code.

Management and control of the Committee is lodged in its membership. The desired minimum number of member representatives in each category is shown and indicates one representative from each county or facility:

   1. Elected Local Officials
   2. Law Enforcement
   3. Fire Fighting
   4. Emergency Medical Services (EMS)
   5. Office of Emergency Services (OES)
   6. Public Health Directors
   7. Hospital
   8. Transportation
       a. Board of Education Transportation
       b. WV Department of Highways
       c. Other as exists
   9. Broadcast and print media
   10. Owners/Operators of "Covered Facilities
  11. Interested Community Groups
  12. Other interested public as deemed appropriate by the LEPC

B. It is not the intent of these By-laws to limit the number of member representatives for each designated category. Representation may exceed the desired number stated.
C. The membership shall be empowered to alter and change the composition of this membership from time to time as appropriate to meet changing Federal, State or local requirements or regulations, provided that the changed
composition of membership complies with all pertinent legal requirements.

III. Officers

A quorum of the LEPC shall annually elect its officers at a previously announced meeting for a one year term from January 1 to December 31. Nothing in these By¬laws shall preclude one person from holding more than one office except the Chairperson and Co-Chairperson, who, by the nature of the positions, must be two separate individuals. There are no limits imposed on the number of terms for each office, however, the committee shall encourage participation of as many members as possible to fulfill the functions of the officers. Any vacancy in the officers created by the resignation or removal of the officer shall be by the appointment of a replacement by the Executive subcommittee from the membership to fill the unexpired term.

The Chairperson shall preside at all general membership and Executive subcommittee meetings of the LEPC and ensure that all LEPC projects, tasks and associated paperwork requirements for the functioning of the committee are fulfilled. These duties include: setting meeting times, preparation of the agendas, appointing standing or special subcommittees, chairing meetings, and other duties as directed by the Committee.

The role of the Co-Chairperson is to assist the Chairperson and assume his/her responsibilities during the Chairperson's absence. In the event the Chairperson is unable to fulfill his/her term, the Co-Chairperson will assume the full responsibility of the Chairperson until such time as a new Chairperson is elected.

The responsibilities shall include recording of the minutes of LEPC meetings, sending out meeting notifications or making personal telephone reminder calls, preparing meeting agendas and public notification of meetings, and any other duties assigned by the Chairperson. The secretary shall also receive all monies due the Committee and turn them over to the Treasurer, taking his/her receipt therefore.

1. The Treasurer shall have custody of all funds of the Committee and shall receive any monies paid to the Secretary of the Committee giving a receipt therefore.
2. He/she shall pay out of the funds on hand all debts incurred by the Committee upon direction of the Chairperson with the approval of the Committee.
3. The Treasurer shall maintain an accurate accounting of all monies received and paid on accounts of the Committee and prepare a monthly statement of receipts and expenditures for the review of the membership.
4. The Treasurer and one other officer shall sign all checks issued on the accounts of the Committee.

1. A LEPC Coordinator shall be appointed by the Committee to coordinate the activities of the Committee under the By-laws, procedures and directives of the Committee for each county in the Local Emergency Planning District.
2. The Coordinators shall process public information requests in a timely manner and shall maintain a record of all requests and have access to those records during normal working hours.
3. The Coordinators shall also follow the procedures and guidelines contained in "Procedures and Guidelines for Receiving and Processing Information Requests under SARA Title III."
4. The Coordinators shall act as liaison between the Committee and the County Commissions and the State Emergency Response Commission.
5. The Coordinators shall work with the Director of the Emergency Services in each county to provide assistance in planning emergency drills and exercises which practice and test the effectiveness of County hazardous
materials response plans of a disaster magnitude.

The Chairperson of the committee shall appoint the necessary subcommittee chairpersons from the committee members to fulfill the duties of the subcommittees. In addition to the duties outlined below, each subcommittee shall provide related services as necessary and possible as directed by the Chairperson. The subcommittee and their duties shall include, but not be limited to, the following:

A. Membership Subcommittee:

  1. Develop and maintain a membership application form to be used in the recommendation, appointment and approval of members.
  2. Develop and maintain membership survey form to be completed annually by the membership.
  3. Update annually and maintain a roster of members that includes name, address, phone number, email and category of all members.
  4. Present new membership nominations to the committee for approval.
  5. Seek new members from eligible organizations to fulfill membership
categories.

B. Hazard Assessment and Planning:

  1. Review information provided by covered facilities and others as to type location and amount of hazardous materials in the community.
  2. Assess hazards presented to the communities by the presence of hazardous materials.
  3. Assist emergency services agencies in acquiring information necessary for the development and maintenance of the agencies’ hazardous materials incident response plan.
  4. Advise the Committee of the status of all agencies hazardous materials response plans.
  5. Review and update the Committee's Hazardous Materials Response plan to include new and pertinent information regarding protection of the public in the event of a hazardous materials incident.
  6. Assist the Executive Subcommittee in holding an annual public review of the plan.

C. By Laws:

Review the Committee by Laws as necessary, or requested, by the Committee, and propose for approval, any changes deemed necessary to support the Committee function in accordance with the Committee's functional guidelines.

D. Public Education:

  1. Prepare and arrange for appropriate release of pertinent LEPC information to the Public or Media, coordinated through the Chairperson, or, Co-Chairperson.
  2. Arrange, and or, coordinate presentations about the LEPC, by approved LEPC members, to local Service, Business or Community Organizations.
  3. Arrange for Media notification of Major LEPC activities, coordinated through the Chairperson, or, Co-Chairperson.

E. Executive Subcommittee

The Executive Subcommittee shall be composed of the Chairperson, Co-Chairperson, Recorder/Secretary, Treasurer, Coordinators and the Subcommittee chairpersons. The duties of the Executive Subcommittee shall include but not be limited to:
  4. Hold an annual public review of the Plan and Procedures.
  5. Annually review the goals and objectives established by the Committee.
  6. Adopt and recommend to the Committee revisions to Procedures, policies and directives as necessary for the administration and execution of the duties with which to Committee is charged.

V. Meetings

  1. Meetings shall be held on the third Wednesday of each month at the location designated at the previous meeting.
  2. The Recorder/Secretary shall issue a news release at least five business days preceding each meeting to the local media.
  3. All Committee members shall be contacted at least five days preceding the meeting and advised of the date, time and place should a special meeting be called or a change made in the regularly scheduled meeting.

Notification shall be the same as for the LEPC meeting notification.

Official minutes of all LEPC meetings shall be:
  1. Documented and made available to the public upon request.
  2. Sent to each respective County Commission.
  3. Sent together with a copy of the membership roster, as requested, to any WV State office responsible for LEPC funding and/or activities.

D. Quorum

A quorum of members necessary to conduct business at a LEPC meeting shall be seven, provided a minimum of one member shall be from each county.

VI. Emergency Response Plan

A. Responsibilities

The Committee is responsible to develop and implement a comprehensive emergency response plan in accordance with 42 U.S.C. §11003, and review such plan once a year, or more frequently as changed circumstances in the community may require.

  1. The Committee shall assist all agencies and covered facilities in the development of hazardous materials response emergency plans.
  2. The Office of Emergency Services in each County shall acquire from each emergency response agency and covered facility in the appropriate jurisdiction a hazardous materials emergency response plan.
  3. The combined plans from each agency and facility shall form the Hazardous Materials Emergency Response Plan for the respective county.

B. Plan Description

  1. The Lewis/Upshur LEPC Hazardous Materials Response Plan shall consist of the hazardous materials response plan for each county.
  2. The Lewis/Upshur LEPC Hazardous Materials Response Plan shall be submitted to the VWSERC for review and recommendation before implementation.

April 15, 1998; Revised and Approved October 18, 2006