WHEREAS, the Superfund Amendments and Reauthorization Act of 1986 (SARA) was enacted by Congress into law on October 17, 1986; and,
WHEREAS, the State of Illinois enacted the Illinois Emergency Planning and Community Right to Know Act, P.A. 86-449, on August 30, 1989, as amended; and,
WHEREAS, Title III establishes requirements that federal, state and local governments and industry must implement regarding Emergency Planning and Community Right-to-Know reporting on hazardous and toxic chemicals; and,
WHEREAS, pursuant to Title III, the State Emergency Response Commission (SERC) designated Will County a local emergency planning district and has appointed a local emergency planning committee for Will County; composed of representatives from the following groups or organizations: state and local officials, local environmental groups, law enforcement, hospital, local government EMA, transportation, fire fighting, broadcast and print media, first aid or emergency medical services, community groups, health, and, owners and operators of facilities subject to Section 620.90 of the State of Illinois EPCRA Rule. This committee has been named the Will County Local Emergency Planning Committee; and,
WHEREAS, the Will County Emergency Planning Committee shall comply with, at a minimum, the sections as outlined in 29 Illinois Administrative Code 620, as amended and, as contained as Exhibit A of these by-laws.
NOW THEREFORE BE IT RESOLVED that the Will County Local Emergency Planning Committee be created and shall operate according to the following by-laws.
ARTICLE I - ORGANIZATION
Section I. Name of Committee: The name of the Committee shall be the "Will County Local Emergency Planning Committee", hereafter referred to as "the Committee".
Section II. Status of Committee: The Committee shall operate as a governmental entity pursuant to and in strict accordance with all applicable laws, regulations, guidelines and ordinances.
Section III. Mailing Address and Telephone Number: The official mailing address and telephone number of the Committee shall be:
Will County Local Emergency Planning Committee
302 North Chicago Street
Joliet, IL 60432-4059
815/740-0911 (24 hr. Emergency)
Section IV. Monies and Appropriations: The Committee may receive and disburse public and private funds for the purpose of implementing the Emergency Planning and Community Right-to-Know Act of 1986 in Will County, Illinois. Such monies shall be deposited with an FDIC financial institution selected and approved by the Executive Board. All disbursements will require prior authorization by the Chairperson by category or specific item. Monthly financial reports must be submitted to the Executive Board at their regular meetings. Full committee members will receive periodic financial reports at their meetings. Financial reports will be placed on file for audit and will be audited by the Rules Sub-Committee on an annual basis. The fiscal year of the Committee shall be January 1 through December 31. Two signatures are required on disbursements and may be signed by the Chairperson, Vice Chairperson/Emergency Planning Coordinator and/or the Secretary/Treasurer of this Committee.
Section V. Fees: Reasonable administrative fees may be collected for information provided or services rendered by the Committee. The fees collected shall be as established or recommended by local, state or federal law, regulation, guideline or ordinance. Person(s) requesting copies of material safety data sheets or tier information will be charged a copying fee as prescribed by the current Illinois Freedom of Information Act (FOIA).
Section VI. Donations: Donations may be accepted which will be used to enhance and expand planning, training, and exercising for first responders in preparation for an actual event involving extremely hazardous substances at fixed facilities or in transport.
Section VII. Activities not in furtherance of exempt purposes: No part of the net earnings of the corporation shall inure to the benefit of, or be distributable to its members, trustees, officers, or other private persons, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes described in section 501(c)(3). No substantial part of the activities of the corporation shall be the carrying on propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of or in opposition to any candidate for public office. Notwithstanding any other provision of these articles, the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any future federal tax code, or (b) by a corporation, contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code, or the corresponding section of any future federal tax code.
Section VIII: Dissolution clause: Upon the dissolution of this organization, assets shall be distributed for one or more exempt purposes within the meaning of section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or shall be distributed to the federal government, or to a state or local government, for a public purpose.
Section IX. Minutes of Committee Meetings: Minutes of all of the meetings of the Committee, Executive Board, and Sub-Committees shall be kept in a journal of the Committee, which shall be maintained for such purpose. Minutes shall include, but not be limited to, a record of all votes of the Committee, a record of attendance at meetings and a summary of Committee discussions. The minutes of each meeting shall be distributed to each Committee member subsequent to each Committee meeting.
Section X. Agenda for Committee Meetings: An agenda of each Committee meeting shall be delivered to each Committee member prior to each Committee meeting, unless a majority of a quorum of Committee members present at a meeting at which a vote is taken to eliminate this requirement. Should this requirement be eliminated, it can be reinstated by a majority vote of a quorum of Committee members present at a meeting at which a vote is taken. The agenda for the next meeting may be delivered to each Committee member at the same time as the minutes of the last meeting. This requirement can be eliminated in the same manner as the requirement that an agenda be delivered to each Committee member prior to each meeting. However, an agenda for each meeting shall always be delivered to each person or entity whose name and address are found on the list of those to whom notice is required. The list to whom notice is required shall be provided to the Committee and updated as needed by the Committee’s Emergency Public Information Coordinator.
ARTICLE II - OFFICERS
Section I. Officers: The Officers of the Committee shall be a Chairperson, Vice Chairperson/Emergency Planning Coordinator, Emergency Public Information Coordinator and Secretary/Treasurer. Additionally, each sub-committee will have a Chairperson. . The Secretary of the LEPC will attend all sub-committee meetings to record the minutes of the meetings.
Section II. Chairperson: The Chairperson shall preside at all meetings of the Committee, be responsible for preserving order and decorum; and submit recommendations and information as he or she may consider proper concerning the business affairs and policies of the Committee. Except as otherwise authorized by these by-laws or by resolution of the Committee, the Chairperson shall sign, or delegate to the Vice Chairperson/Emergency Planning Coordinator the authority to sign, all official documents of the Committee. The Chairperson shall establish or authorize the Vice Chairperson/Emergency Planning Coordinator to establish suggested contribution and reimbursement amounts for emergency responses provided by the Committee. The Chairperson shall also insure that an agenda or each Committee meeting is distributed as provided by Article I - Section X. The Chairperson will also serve as Chairperson of the Executive Board and ex-officio-member of all other sub-committees.
Section III. Vice Chairperson/Emergency Planning Coordinator: The Vice Chairperson/Emergency Planning Coordinator shall perform the duties of the Chairperson in the absence or incapacity of the Chairperson. In case of the resignation or death of the Chairperson, the Vice Chairperson/Emergency Planning Coordinator shall perform such duties as are imposed on the Chairperson until such time as the Committee shall elect a new Chairperson. The Vice Chairperson/Emergency Planning Coordinator shall have the authority to sign official documents of the Committee or establish fees to be collected by the Committee pursuant to authority delegated by the Chairperson. The Vice Chairperson/Emergency Planning Coordinator shall insure that any information gathered by the Committee or submitted pursuant to requirements established by the Committee, is stored at the office of the Will County Emergency Management at the address provided in Article I - Section III. The Vice Chairperson/Emergency Planning Coordinator shall insure that minutes of the meetings of the Committee are kept and distributed in the manner prescribed by Article I - Section VI. The Vice Chairperson/Emergency Planning Coordinator will be a member of the Executive Committee and ex-officio-member of all other sub-committees.
Section IV. Emergency Public Information Coordinator: The Emergency Public Information Coordinator shall be the official spokesperson for the Committee during critical incidents and shall be responsible for the release of any and all information on behalf of the Committee.
Section V. Secretary/Treasurer: The Secretary/Treasurer will be responsible for insuring the recording and typing of minutes at Committee meetings; that an agenda is prepared outlining the proceeding for the meetings; and upon request, shall make the minutes available no later than ninety (90) days after the date of the meeting. The Secretary/Treasurer will be responsible for the preparation and distribution of financial reports in the manner as prescribed by Article I - Section VI. The Secretary/Treasurer will be an ex-officio-member of all sub-committees preparing proceedings and minutes as submitted by sub-committee secretaries.
Section VI. Sub-Committee Chairpersons: The Sub-Committee Chairpersons will be appointed by the Chairperson, with the approval of a majority vote of the Committee members, and will perform subscribed duties as stated for their committee under Article V.
Section VII. Sub-Committee Secretary: The Sub-Committee Secretaries will be appointed by the members of that sub-committee and will record minutes of their proceedings and submit them to the Secretary/Treasurer for typing and distribution.
Section VIII. Additional Duties: The officers of the Committee shall perform such other duties and functions as may be required from time to time by the Committee, by-laws or rules and regulations governing the Committee.
Section IX. Election: The officers shall be elected for a two (2) years at the Annual Meeting from among the members of the Committee and shall hold office from the annual meeting, at which they are elected, to the second annual meeting or until their successors are elected and qualified. The officers may be re-elected and serve for successive terms.
Section X. Vacancies: Should the office of Chairperson or Vice Chairperson/Emergency Planning Coordinator become vacant, the Committee shall elect a successor from its membership at the next meeting and such election shall be for the unexpired term of said office. Should a vacancy occur in any office, the Chairperson shall appoint a member of this Committee to fill the vacancy for the remainder of the unexpired term.
Section XI. Authority to Contract: Should funds ever be appropriated to the Committee for this purpose, the Committee may contract as it deems necessary to exercise its powers, duties and functions as prescribed by federal, state and local laws, rules, regulations or guidelines. The scope and services of such contracts shall be determined by the Committee subject to any applicable laws.
ARTICLE III - MEETINGS
Section I. Annual Meeting: The annual meeting of the Committee shall be the first meeting held after January 1st of each year at a time and location designated in the "Notice of Annual Meeting" delivered to each Committee member at least seven (7) days before such meeting. Election of officers, renomination and nomination shall take place on the odd numbered years (i.e.:2019, 2021, 2023, 2025, 2027), and shall occur in the following order: 1.) renomination; 2.) nomination; and, 3.) election. Those who may vote and run for office are those persons who have been nominated or renominated and are members of the committee. A current listing of all Officers, Executive Board Members, and Sub-Committee Members shall be provided with the agenda of the annual meeting.
Section II. Meetings: Meetings of the Committee shall be subject to the call of the Chairperson. At least seven (7) days notice of the meeting shall be provided to all Committee members by delivering a written notice to the address provided by the member to the Committee. The written notice of the meeting may be delivered with the agenda for the meeting. The news media shall be informed of meeting dates, times and places.
Section III. Special Meetings: The Chairperson of the Committee may, when it is deemed necessary, and shall, upon the written request of at least two members of the Committee, call a special meeting of the Committee for the purpose of transacting any business of the Committee. The purpose of this meeting shall be set forth in the call of the meeting and the call may be accomplished by fax, telephone notification, e-mail, and/or hand delivery to each Committee member and the news media at the address provided to the Committee at least 48 hours prior to such meeting. At a special meeting no business shall be considered other than as designated in the call.
Section IV. Quorum: The powers of the Committee shall be vested in the Committee. Fifty percent (50%) of the Committee membership shall constitute a quorum for the purpose of opening a meeting. Unless otherwise specified in these by-laws, action may be taken pursuant to an affirmative vote of a majority of all those present.
Section V. Order of Business: At meetings of the Committee the following shall be the order of business:
1. Call meeting to Order
2. Roll Call
3. Reading and approval of minutes from the previous meeting
4. Financial Report
5. Introduction of Guest(s) & Media Present
6. Sub-Committee Reports
7. Report of Vice Chairperson/Emergency Planning Coordinator
8. Report of LEPC Chairperson
9. Old Business
10. New Business
11. Public Comment
12. Comments of Committee Members
Section VI. Manner of Voting: The voting on all questions coming before the Committee shall be by yea or nay, or a show of hands, unless action is taken for a roll call vote on a particular matter. If a roll call vote is approved, the yeas and nays shall be recorded in the minutes of such meeting.
Section VII. Manner of Conducting Meetings: No standard rules of procedures shall be required unless adopted by a unanimous vote of a quorum of the Committee members. The meetings shall be conducted with order and decorum. The Committee shall follow the procedures determined appropriate by the Chairperson of the Committee, which may include but not limited to:
1. No person shall speak unless first recognized by the Chairperson.
2. Debate on a matter shall be closed by a motion and second to bring the matter to a vote.
3. Any member of the Committee may make or second a motion.
Section VIII. Participation by Members of the Public: Members of the public are encouraged to attend all regular, special and annual meetings of the Committee. An opportunity will be provided at each meeting for members of the public to address the Committee on matters relating to local emergency preparedness. A member of the public who desires to address the Committee may mail a written notice of intent to appear to the Chairperson at the address found in Article I - Section III and then sign in with the Vice Chairperson/Emergency Planning Coordinator at the time and place of the meeting before the meeting begins. Members of the public who appear at the meeting and wish to address the Committee will be allowed to do so without a prior written notice of intent to appear; however, they will be required to wait until after any members of the public who have provided written notice of intent to appear have spoken. Members of the public that have provided written requests or appear at the meeting to make comment will be allowed five minutes to make such comment. Members of the public are also encouraged to provide written opinions and information to the Committee by mailing written materials to the Chairperson at the address found in Article I - Section III. Members of the public include, but are not limited to, citizens, industry representatives, experts, expert witnesses’ governmental entity representatives and the media.
Any member of the public and/or media may address the Committee for any given reason. Any such person may be limited to five minutes to make his/her comments, at the discretion of the Chair, or has been given permission at least five days prior to the Committee meeting to present a program.
ARTICLE IV - MEMBERSHIP
Section I. Members: The members of the Committee shall consist of no more than twenty-seven (27) members with a minimum of one individual from each of the following categories and no more than six (6) from any one category: state and local officials, local environmental groups, law enforcement, hospital, local government EMA, transportation, fire fighting, broadcast and print media, first aid or emergency medical services, community groups, health, and, owners and operators of facilities subject to Section 620.50 of the State of Illinois EPCRA Rule. All memberships are submitted by the Executive Board for submittal to the Committee for acceptance. Upon acceptance by the Committee the new member is submitted by the Chair to the State Emergency Response Commission (SERC) for appointment.
Section II. Attendance at Meetings: All members of the Committee are encouraged to attend all meetings of the Committee, unless excused. A Committee member will be excused from a meeting for good cause and upon notification to the Chairperson, Vice Chairperson/Emergency Planning Coordinator, or the Secretary/Treasurer.
Section III. Removal from Membership: Any member may be removed for the following: a.) who fails to attend three consecutive meetings, whether excused or unexcused; b.) a change in representative status as determined by the Executive Board; or, c.) for other reasons as determined to be in the best interest of the Committee. Such recommendations shall be made by the Executive Board to the Committee. Removal shall require a 3/5ths vote.
Section IV. Proxy Representatives: If a Committee member will be unable to attend a Committee meeting, a proxy representative may attend for that member. The proxy representative may take part in discussions of the Committee on behalf of the absent Committee member and shall be allowed to move, second or vote on any matters before the Committee. The Committee member must provide a signed letter to the Secretary prior to the meeting, stating the name of the proxy representative and what the proxy representative has approval to vote on. Attendance by proxy does not count towards the attendance of the appointed member.
ARTICLE V - SUBCOMMITTEES
Section I. Appointment of Subcommittees: The Chairperson may appoint subcommittees composed of members of the Committee to study a report on matters relevant to the Committee. All subcommittee meetings are open to all members. The following standing subcommittees are already in force: Executive Board, Planning, Public Information and Rules, these subcommittees shall not consist of less than three (3) members unless otherwise stated.
Section II. Executive Board: The Executive Board shall be chaired by the Chairperson. The Executive Board shall be a seven (7) member Board, which shall consist of the Chairperson, Vice Chairperson/Emergency Planning Coordinator, Emergency Public Information Coordinator and, Secretary/Treasurer. In addition, three (3) other members of the Committee shall be appointed by the Chairperson. A quorum of the Executive Board to conduct business shall be a minimum of four (4). The duties shall include recommending appointments for membership; gathering and approving information between meetings; setting the agenda for the meeting; and, securing and seeking funding for the Committee to operate.
Section III. Planning Sub-Committee: The Planning Sub-Committee is the overall committee in working with the regulated facilities to gather data in the development and updating of the planning requirements set forth under Title III "Emergency Planning and Community Right-to-Know Act of 1986".
Section IV. Public Information Sub-Committee: The Public Information Sub-Committee purpose is to develop procedures and fees for request received from the public on material safety data sheets and tier information. This subcommittee is also in charge with the development and distribution of brochures and media packets on informing the public of the law and meetings.
Section V. Rules Sub-Committee: The Rules Sub-Committee is responsible for maintaining the by-laws of the Committee. The sub-committee will review the by-laws periodically, but no less than five years. The sub-committee must also conduct an annual audit of the Secretary/Treasurer's books and report financial condition at the annual meeting.
ARTICLE VI – PARLIAMENTARY AUTHORITY
Section I. Parliamentary Authority: unless others indicated in these by-laws, the current edition of Roberts Rules of Order shall serve as the parliamentary authority of the Committee.
ARTICLE VII – AMENDMENTS
Section I. Amendments to By-laws: The by-laws of the Committee may be amended by an affirmative vote of 3/5ths of those members present. No vote shall be taken to amend the by-laws until the proposed amendment has been reduced to writing and delivered to each member fifteen (15) days prior to the meeting.
Section II. Filing of By-laws and Amendments to By-laws: A copy of the by-laws and any amendments to the by-laws shall be provided to: The Members of the Will County Local Emergency Planning Committee and any person requesting a copy or copies. In addition, a copy will be placed on file with the Will County Clerk's Office.
Adopted by the Local Emergency Planning Committee for the County of Will, this 24th day of April.