39E.110 Committee duties.

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Page 1 of 2 39E.110 Committee duties. (1) Duties of the committees shall include: (a) Development of plans to prepare emergency response organizations within cities, counties, urban-county governments, and charter county governments to respond effectively to releases of hazardous substances; (b) Identification of a twenty-four (24) hour warning point within the district to which persons responsible for releases of hazardous substances must report those releases; (c) Establishment of a method, consistent with federal law, commission policies, and administrative regulations, by which manufacturers, users, or storers of hazardous substances may report the presence of those substances, and by which members of the public may obtain information about those substances; (d) Appointment of a committee chairman, from among its members, for a term of two (2) years. Chairmen may be reappointed; (e) Development and maintenance of plans consistent with administrative regulations promulgated by the commission; and (f) Development of procedures for the annual review of emergency plans and procedures developed under this chapter. (2) Local committees shall advise the commission of their actions by providing a copy of minutes to the commission within thirty (30) days of the date of the meeting. If the minutes are later changed before approval, a copy of the revised minutes shall be submitted to the commission within thirty (30) days of the approval. (3) Local committees may request the chief of the fire department with jurisdiction over a facility which has, or may have, substances subject to Title III, Pub. L. No. 99- 499, to make on-site inspections of the facilities and to report all findings to the chairman of the committee. (4) Members of local committees shall serve for terms as specified by the commission, though not to exceed four (4) years except by reappointment. Committees may establish attendance standards for continued membership and shall advise the commission of any additions or deletions from the membership that are desired. These changes may be approved or disapproved by the commission. (5) Committee meetings shall be subject to provisions of KRS 61.805 to 61.850 relating to public meetings and to KRS 61.870 to 61.884 relating to open records, provided that trade secrets, as determined by the federal Environmental Protection Agency, are processed in accordance with 42 U.S.C. 11042. (6) The local committee may, after consultation with the commission chairman, seek civil remedies prescribed in Section 326, Pub. L. No. 99-499. (7) The local committee may, with the advice and consent of the commission chairman, submit information to the county attorney for prosecution. (8) Consultations pursuant to subsection (6) of this section shall be made prior to the giving of notice of intent to commence a civil action. Effective: July 15, 1998 Page 2 of 2 History: Created 1998 Ky. Acts ch. 226, sec. 68, effective July 15, 1998.