26-345

26-345. Comprehensive emergency response
plans

A. The local emergency planning committees shall comply with section 303 of title
III.

B. Based on information from the commission and state and local emergency and
disaster agencies and departments, as well as information obtained from facilities
subject to this article and title III, each local committee shall prepare and annually
review an emergency response plan for its emergency planning district in order to address
emergencies due to releases from facilities and transportation vehicles in its emergency
planning district. After completing an emergency plan for an emergency planning
district, the local emergency planning committee shall provide a copy of the plan to the
district's governmental entity for incorporation into the entity's emergency operations
plan and submit a copy of the plan to the commission. The commission shall review the
plan and make recommendations to the committee on revisions that may be necessary to
ensure that it meets the requirements of this article or any rules adopted under this
article. The commission shall further ensure that the plan is coordinated with the
emergency response plans of adjoining emergency planning districts as applicable. To
prevent a delay in implementing any emergency plan, the commission shall endeavor to
review each plan within a sixty day period and provide comments or recommendations for
modifications within that period. The commission shall establish a period of time, not
normally to exceed sixty days, for the committee to resubmit the emergency plan. The
commission, at its own initiative, may assign the highest priority to those plans which
include the geographic areas which have the greatest number of facilities that pose the
greatest risk of harm to the public health, safety or welfare or the environment.

C. Each local emergency planning committee shall conduct at least a biennial
exercise of its emergency plan and shall provide at least thirty days' notice of these
exercises to the commission. The region IX United States environmental protection agency
office of primary responsibility for title III, or its successor, or the commission may
participate in exercise development and observe the exercise and may provide comments to
the committee regarding the exercise.

D. Each local emergency planning committee shall evaluate the need for resources
necessary to develop, implement and exercise the emergency plan in its district and shall
make recommendations with respect to the need for additional resources that may be
required and the means for providing such additional resources.

E. Each emergency plan shall include provisions listed in section 303C of title III
and, in addition, shall include:

1. Identifying the heads of the emergency response organizations for designated
areas or local governments in the district who shall make determinations necessary to
implement the plan.

2. A description of specialized equipment, facilities, personnel and emergency
response organizations available in the district to respond to releases subject to this
section.

3. Mutual aid agreements with other districts, and the allocation of emergency
response resources for responding to releases subject to this section, if applicable.