BYLAWS
OF
THE VICTORIA LOCAL EMERGENCY PLANNING COMMITTEE (LEPC)

ARTICLE I

NAME AND PURPOSE

Section 1. Name. The name of this organization shall be the Victoria Local Emergency Planning Committee, hereinafter referred to as the “LEPC”.

Section 2. Purpose. The purpose of the LEPC shall be:

A. To carry out for Victoria County and City those responsibilities established for the LEPC by Public Law 99-499, Superfund Amendments and Reauthorization Act of 1986 (SARA), Title III, the Emergency Planning and Community Right-to-Know Act, (EPCRA) and related regulations, including, but not limited to:

1. Assistance in developing, training and testing of (a) hazardous substances emergency response plan(s) for jurisdictions within Victoria County.
2. Development of procedures for regulated facilities to provide notification to the LEPC in accordance with EPCRA.
3. Development of procedures for receiving and processing requests from the public under the community right-to-know provisions of EPCRA.
4. Provision for public notification of committee activities.

B. To implement such other and further related activities as may hereafter be legally required by the federal government, the State Emergency Response Commission, (SERC), or the County Judge.

ARTICLE II

MEMBERSHIP

Section 1. Qualification. The LEPC organization shall consist of those members formally nominated by the County Judge, after consulting with the Mayor of the City of Victoria, and approved by the SERC for membership in this body. Those persons named shall represent state or local elected officials, law enforcement, fire and emergency medical service, health service, hospitals, emergency management, transportation, school district, colleges, community support, environmental, broadcast and/or print media, and owners and operators of covered facilities as designated by EPCRA. In addition other professional, community groups, or private citizens with desirable expertise may be appointed to membership. Members of the LEPC shall be a resident of or conduct business in Victoria County.

Leaders of emergency response agencies, covered facilities, and other key organizations are encouraged to identify up to two alternate representatives who will attend meetings if the formally appointed LEPC member must be absent. The alternate representative shall have voting rights when substituting for the appointed member.

Representatives of facilities and interested organizations not covered by EPCRA will be encouraged to attend LEPC and Subcommittee meetings as non-voting participants.

Section 2. Officers. Officers shall be elected to conduct meetings, appoint subcommittees, keep minutes, and otherwise accomplish the work of the LEPC.

Section 3. Vacancies. Any vacancy occurring in the LEPC by reason of the resignation, death or disqualification of a member will be filled by appointment in accordance with Article II, Section 1. The LEPC Executive Committee may suggest candidates to fill vacant positions to the County Judge who will make his or her recommendation, according to Article II, Section I, to the SERC for approval.

Section 4. Duties. The LEPC shall assist established emergency planning offices within the county with planning emergency response and public information as directed by laws.

Section 5. Meetings. There shall be at least six regular meetings of the LEPC per year. The Chairperson may call special meetings of the LEPC at such time and place as the Chairperson may determine. The Chairperson must call a special meeting of the LEPC upon the written request of five members. The special subcommittees shall meet as the work under their grouping proceeds.

Section 6. Quorum. The presence of thirty-three percent (33%) of the members at the opening of a LEPC meeting shall constitute a quorum for the transaction of business. For Standing Subcommittee meetings, the presence of thirty-three percent (33%) of subcommittee members shall constitute a quorum.

ARTICLE III

OFFICERS

Section 1. Enumeration of Officers. The Officers of the LEPC shall be a Chairperson, Vice-Chairperson, and a Secretary-Treasurer who shall be elected by the LEPC as a whole in a manner herein provided. All officers shall be members of the LEPC.

Section 2. Nomination and Election of Officers. Prior to the expiration of the officers' term of service, nomination and election of officers shall occur. The LEPC Chairperson will appoint a Nominating Committee consisting of at least two members to propose a candidate for each office described in Section 1. Nominations also will be accepted from the floor. The election shall be by ballot, except that when there is only one nomination for each office, election may be by voice vote. These officers shall be selected by the majority of the members of the LEPC present and voting at the meeting.

Section 3. Term of Office. The term of the officers elected at the organizational meeting shall expire on December 31, 2004. Thereafter, the term of LEPC officers shall be for a period of two years.

Section 4. Chairperson. The Chairperson shall preside at all meetings of the LEPC; shall serve as ex officio member of all subcommittees; and shall perform such duties and acts as necessary to accomplish the goals of the LEPC. The Chairperson shall be empowered to create such other ad hoc subcommittees as necessary to accomplish the goals of the LEPC.

Section 5. Vice-Chairperson. Upon resignation or death or in the absence of the Chairperson, the Vice-Chairperson shall perform the duties of the Chairperson. The Vice-Chairperson shall perform such other duties as may be assigned by the Chairperson.

Section 6. Secretary-Treasurer. The Secretary-Treasurer will support the Chairperson and Vice-Chairperson in the performance of their duties. He or she shall be custodian of all books, papers, documents and other property of the LEPC organization, except that reports required from industrial organizations by federal regulation about hazardous materials locations, inventories, emissions, spills or releases, or risk appraisals will be received, filed, and managed by the Information Coordinator (see Article III, Section 7).


The Secretary-Treasurer shall keep a true record of the proceedings of all meetings of the LEPC, attend to the business needs of the LEPC, and maintain an accurate record of all funds received and expended by the LEPC.

Section 7. Information Coordinator. The Chairperson, with approval of the majority of LEPC members, shall appoint an Information Coordinator who shall be responsible for receiving, filing, and managing all federally required reports from industrial organizations pertaining to hazardous material locations, inventories, emissions, spills or releases, or risk appraisals. The Coordinator also shall be responsible for publishing written procedures and processing requests from the public for information under Section 324, including Tier Two information under Section 312. The Information Coordinator shall respond to provide hazardous materials information to the LEPC or any subcommittee when requested.

ARTICLE IV

COMMITTEES

Section 1. Executive Committee. The Executive Committee will consist of the Chairperson, Vice-Chairperson, Secretary-Treasurer and Chairpersons of the four Standing Subcommittees as described below. The Information Coordinator shall serve as a non-voting member of the Executive Committee. The duties of the Executive Committee shall be to coordinate activities of Standing and Ad Hoc Subcommittees.

Section 2. Standing Subcommittees. The following Standing Subcommittees shall be established:

A. Right-to-Know Information Subcommittee. This Subcommittee will consist of a Chairperson, the Information Coordinator, and other member(s) as needed and shall be responsible for formulating all policies and procedures concerning legally required local reporting by industrial organizations of hazardous materials information and dissemination of such information to the public, written followup reports of chemical spills and releases, trade secret protection procedures; and all record keeping and information dissemination procedures for the LEPC.

B. Public Education Subcommittee. This Subcommittee shall be responsible for public relations with affected communities and the public at large; all publicity of the LEPC; development of public education and information programs to ensure that hazardous chemical risks and appropriate personal emergency action are understood by the general public.

C. Hazardous Materials Facilities Liaison Subcommittee. This Subcommittee shall be responsible for developing and maintaining current identification of hazard materials locations, risk evaluation, emergency spill and release reporting procedures, and ongoing communication with covered and affected facilities. This Subcommittee shall work with the Emergency Response and Resources Subcommittee (paragraph D. below) and with covered and affected facilities to ensure adequate preparation and to help local emergency response officials test a hazardous substance emergency response plan for the planning district as required by law.

D. Emergency Response and Resources Subcommittee. This Subcommittee will work with the Hazardous Materials Facilities Liaison Subcommittee (paragraph C. above) and with local emergency response officials in the city and county to develop, and test a hazardous substance emergency response plan for the planning district as required by law. This shall include provisions for warning the public of a hazardous materials emergency. This Subcommittee shall review existing federal, state and local plans for the purpose of coordination with the LEPC planning process.

Section 3. Meetings. Either the Chairperson of the Subcommittee or the Chairperson of the LEPC may call meetings of the Standing and Ad Hoc Subcommittees, as deemed necessary.

Section 4. Chairperson of the Standing Subcommittees. The LEPC Chairperson shall nominate the Chairperson of Standing Subcommittees (with approval by a majority of LEPC members).

Section 5. Membership of Standing Subcommittees. Membership of Standing Subcommittees will be determined by the Subcommittee Chairperson and the LEPC Chairperson considering needed skills, expertise, experience, and the objective to involve every LEPC member on at least one committee.

Section 6. Ad Hoc Subcommittees. The LEPC Chairperson may create Ad Hoc Subcommittees as necessary to perform the functions of the LEPC. The Chairperson of the LEPC shall appoint chairpersons of Ad Hoc Subcommittees and the Subcommittee Chairperson will select the members.

Section 7. Committee Support. Chairpersons of Standing or Ad Hoc Subcommittees may engage persons that are not LEPC members for specialized support for their committee. Such persons will be non-voting subcommittee members.

ARTICLE V

MISCELLANEOUS PROVISIONS

Section 1. Fiscal Year. The fiscal year shall be from January 1 to December 31.

Section 2. Expenditures. The Executive Committee shall approve all proposed expenditures by the LEPC, and the LEPC Chairperson will validate all invoices prior to payment by the Secretary-Treasurer.

Section 3. Approval of Bylaws. These bylaws shall become effective upon approval by a majority by those in attendance at the organizational meeting.

Section 4. Disqualification. Any member who is unable to attend a regular meeting of the LEPC may notify the Secretary-Treasurer or Information Coordinator. Any member with three or more absences in the calendar year is subject to being disqualified at the request of the LEPC to the County Judge and the SERC.

ARTICLE VI

AMENDMENTS

Section 1. Amendments. These bylaws may be amended by a two-thirds vote of members present and voting at any meeting (a quorum being present) of the LEPC provided that any proposed amendments to these bylaws be submitted to the members in writing at least one week in advance of the meeting.

ARTICLE VII

RULES

EPCRA requires that the LEPC “shall establish rules by which the committee shall function. Such rules shall include provisions for public notification of committee activities, public meetings to discuss the emergency plan, public comments, response to such comments by the committee, and distribution of the emergency plan.” The final rules are attached to these by-laws.

Section 1. Adoption of Rules; Publication of Proposals. The LEPC may, as necessary and proper, adopt rules of general application governing the execution of its responsibilities under EPCRA and related applicable regulations. Any such rules must first be published in proposed form not less than 10 days prior to final adoption of by the LEPC. Publication shall be effected through posting of the proposed rule and a statement of basis and purpose on the public bulletin boards located on the first floors of the Victoria County Courthouse and Victoria City Hall. (The proposed rule together with the statement of basis and purpose and here after referred to as “notice of proposed rule-making”.) Such notice of proposed rule-making shall invite written public comment on any aspect of the proposed rule during the 10-day period. The LEPC Secretary-Treasurer is encouraged, but not required, to mail notices of the proposed rule-making to interested local government officials, industries, and citizens.

Section 2. Method of Initiating Proposed Rule-making. Any member of the LEPC may recommend the initiation of proposed rule-making. Any proposed rules shall be initially considered by the Executive Committee, unless otherwise decided by the LEPC. If the Executive Committee, by majority vote approves a proposed rule it shall thereafter proceed to publication as provided in the preceding section.

Section 3. Method of Adopting Final Rules. Following the expiration of the 10-day comment period, the Executive Committee shall review all public comments and prepare a statement which responds to comments raised and discusses the basis for any appropriate changes to the proposal. The Executive Committee shall present such statement of the LEPC. The LEPC shall then vote on the adoption of the proposed rule. If the LEPC acts favorably, the rule shall take effect immediately upon the time and date the notice of adoption is first published unless the LEPC determines otherwise.

Section 4. Notice of Adoption. Upon adoption of any rule by the LEPC, the Information Coordinator also shall publish the LEPCs response to comments received and any changes to the proposal made in response to such comments. Publication of the final rule shall be in the same manner as that for the proposed rule. Nothing herein shall require a specific response to each and every comment received.

Section 5. Emergency Rules. In emergency circumstances the LEPC may adopt rules without prior public notice and comment, provided that no such rule will remain in effect for more than 90 day

ARTICLE VIII

PARLIAMENTARY AUTHORITY

Section 1. Parliamentary Authority. The rules contained in Robert’s Rules of Order, Newly Revised, shall govern this committee in all cases to which they are applicable and in which they are not inconsistent with these bylaws.

Attachment: Victoria LEPC Final Rules

VICTORIA LOCAL EMERGENCY PLANNING COMMITTEE (LEPC)

FINAL RULES

I. Definitions

Unless otherwise stated, all terms herein shall be defined in accordance with the definitions provided in the Title III of the Superfund Amendments and Reauthorization Act of 1986, PL 99-499, (the “Act”) and regulations adopted in accordance therewith.

II. Public Notification and General Participation

A. The LEPC shall publish notice of all its meetings, and all subcommittee meetings, on the public bulletin boards located on the first floors of the Victoria County Courthouse and Victoria City Hall at least 72 hours prior to any such meeting. In emergencies, declared by the Chairperson and confirmed by a majority of the LEPC in attendance at an emergency meeting, the 72-hour notice may be waived in accordance with Section 3A(h) of the Texas Open Meetings Act (TOMA), Tex. Rev. Civ. Stat. Ann art. 6252-17.

B All meetings of the LEPC or any subcommittee thereof shall be open to the public, except under circumstances where the TOMA permits otherwise. The Chairperson shall afford a reasonable period of time at the beginnings of each regular monthly meeting to accept oral public comments on any aspect of the LEPCs mission or functions.

C. Not less than once each calendar year, the Chairperson shall cause to be published in a newspaper of general circulation in Victoria County a notice that written public comment is invited during a thirty-day period on any aspect of the LEPCs organization, membership, functions, planning process or purpose. Such notice shall comply in all respects with Section 324(b) of the Act and present a brief explanation of the LEPCs statutory purpose, the location of LEPC minutes and other records, and the name and address of the person designated by the Chairperson to receive written comments.

The LEPC shall review all comments received and shall publish, in the manner described in subsection A of this section, responses to major issues raised in such public comments. Nothing herein shall require the LEPC to respond to each and every comment received.

III. LEPC Participation in the Planning Process

A. The Texas Disaster Act of 1975, as amended, requires each local and inter-jurisdictional agency to prepare and keep current an emergency management plan for its area. Additionally, in accordance with a Governor’s Executive order, the mayor of each municipal corporation and the county judge of each county in the state are the designated Emergency Management Directors for each such political subdivision. In Texas, LEPCs are therefore not the entity responsible for the composition and maintenance of an emergency management plan.

B. The LEPC will strive to work with the local governments which are responsible for the emergency management plans which cover the areas of LEPC responsibility.

1. The LEPC shall review such plans once a year, or more frequently as changed circumstances in the community or at any facility may require. Their primary focus should be with those parts of the plan which cover the following categories: warning, population protection, emergency public information, resource management, and Hazardous Materials response.
2. The LEPC shall evaluate the need for resources necessary to develop and implement the emergency plan, and shall make recommendations with respect to additional resources that may be required.

C. The LEPC should maintain copies of current plans and annexes of each jurisdiction it serves.

IV. Public Access to Information

A. In accordance with Section 324 of the Act, all information obtained from an owner or operator pursuant to EPCRA and any requested Tier Two form or the Material Safety Data Sheet (MSDS) otherwise in possession of the Committee shall be made available to the person submitting the request under this section, provided upon request of the owner or operator, the Committee shall withhold from disclosure the location of any specific chemical identified in the Tier Two form.

B. All information requested to be photocopied by any member of the public, shall be provided at the sole expense of such persons. The cost of such photocopying shall be set from time to time by the Secretary-Treasurer, with the approval of the Executive Committee, at a level which will enable the LEPC to recover all reasonable expenses associated with processing the request.

Copies of the LEPC bylaws, proposed rules or rules shall be provided at no charge to the public, although the Secretary-Treasurer is authorized to recover reasonable expenses for photocopying in the case of requests for multiple copies made by any single individual or entity.

C. Request for MSDS and Other Non-Confidential Information

1. Any person may obtain a MSDS with respect to a specific facility by submitting a written request to the Committee’s Information Coordinator.
2. Any person may obtain any other non-confidential information in the possession of the Committee by submitting a written request to the Committee’s Information Coordinator.
3. If the Committee does not have in its possession the MSDS or other information requested in subsections C1 or C2 of this section, it shall request a submission of the MSDS from the owner or operator of the facility that is the subject of the request. The Committee will only make requests to specific facilities for information which it is required to maintain or collect pursuant to applicable law.

D. Requests for Tier Two Information

1. Any person may request Tier Two information with respect to a specific facility by submitting a written request to the Committee in accordance with the requirements of this section.
2. If the Committee does not have in its possession the Tier Two information requested in subsection D1 of this section, it shall request a submission of the Tier Two form from the owner or operator of the facility that is the subject of the request, provided that the request is from a state or local official acting in his or her official capacity or the request is limited to hazardous chemicals stored at the facility in an amount in excess threshold planning quantities.
3. If the request under subsection D1 of this section does not meet the requirements of subsection D2 of this section, the Committee may request submission of the Tier Two form from the owner or operator of the facility that is the subject of the request if the request under subsection D1 of this section includes a general statement of need.

V. Trade Secrets

Except as provided in this section, all information submitted to the LEPC by facilities pursuant to EPCRA shall be public information. Other than a claim designated in this section, the LEPC will not honor any business confidentially or trade secret claims. Pursuant to Section 312 and Section 214(a) of the Act, the location of specific chemicals requested to be submitted with Tier Two information shall be maintained as confidential by the LEPC provided that a claim of confidentiality is submitted with the information and satisfies all applicable requirements for such claims under EPCRA and any regulations promulgated pursuant to the same. Such information shall be exempt from disclosure by the LEPC permanently or until such time as:

1. An authorized governmental agency, and if applicable, a court or competent jurisdiction makes a final determination following any appeals, that such information not subject to a valid claim of business confidentiality or trade secret, and
2. The LEPC receives a written notice of such determination.