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§ 6022.204. Hazardous material safety program

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: February 20, 2001

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 29E. Hazardous Material Emergency Planning and Response Act
Chapter 2. Hazardous Material Protection
Effective: February 20, 2001
35 P.S. § 6022.204
§ 6022.204. Hazardous material safety program
Currentness
(a) Program components.--In conjunction with the Departments of Environmental Protection, Health, Transportation, Agriculture, Labor and Industry and Community and Economic Development, Pennsylvania Public Utility Commission, Fish and Boat Commission, Pennsylvania Turnpike Commission and the Pennsylvania State Police, or any other Commonwealth agencies as determined by the council, PEMA shall develop a hazardous material safety program for incorporation into the Commonwealth Emergency Operations Plan developed by PEMA under 35 Pa.C.S. Pt. V (relating to emergency management services). The hazardous material safety program shall include an assessment of the potential dangers and risks that hazardous material releases occurring at facilities and from transportation-related accidents pose to the general public and the environment. The Pennsylvania State Fire Academy shall be utilized as the Commonwealth's center for hazardous materials training pursuant to its duties under the act of November 13, 1995 (P.L. 604, No. 61),1 known as the State Fire Commissioner Act. The program shall also consider the impacts, consequences and necessary protective measures required to respond to and mitigate the effects of such releases and accidents. The program shall include, but not be limited to:
(1) Development of comprehensive emergency management guidance for hazardous materials for the Commonwealth and Commonwealth agencies which sets forth the specific duties, responsibilities, roles and missions of Commonwealth agencies.
(2) Development of comprehensive emergency management guidance consistent with the Emergency Management Services Code for hazardous materials that can be used by the local committees to meet the requirements of Federal and Commonwealth statutes and laws.
(3) Development of specific procedures for counties to complete periodic reports conforming to the requirements of subsection (b.1) as required by PEMA on the status and capabilities of each county's hazardous materials safety program.
(4) Development of a notification system whereby the owners and operators of a facility will report the occurrence of any hazardous substance or extremely hazardous substance release to the appropriate Commonwealth agencies, local agencies and Commonwealth and local officials designated in the Commonwealth and local emergency plans. The reporting requirements for this notification system are set forth in section 206.2
(5) Development of a notification system whereby the transporters of any hazardous substance or extremely hazardous substance will report the occurrence of any hazardous material release to the Commonwealth agencies, local agencies and Commonwealth and local officials designated in the Commonwealth and local plans. The reporting requirements for this notification system are set forth in section 206.
(6) Training and equipping local agency public safety and emergency response personnel.
(7) Establishing training standards and a certification program for the formation of Commonwealth agency, local agency or regional hazardous material response teams. All Commonwealth agency, supporting paid and volunteer emergency service organizations, local agency or other agencies and committees that establish training standards for emergency service, law enforcement, firefighting or other personnel shall cooperate with the council in the implementation of these training standards and certification program.
(8) Periodic exercise of hazardous material release scenarios at facilities and transportation sites that are designed to test the response capabilities of Commonwealth agency, local agency and regional public safety and emergency response personnel and certified hazardous materials response teams.
(9) Assistance in procuring of specialized hazardous material response supplies and equipment to be used by local and regional public safety and emergency response personnel.
(10) PEMA's staffing and operation of a 24-hour State emergency operations center to provide effective emergency response coordination for all types of natural and manmade disaster emergencies, including the ability to receive and monitor the emergency notification reports required under sections 205 and 2063 from all facilities and transporters involved with hazardous material incidents.
(11) Provisions for financial assistance to counties as provided in sections 207 and 2084 and for the payment of compensation benefits awarded to duly enrolled emergency management volunteers under 35 Pa.C.S. § 7706 (relating to compensation for accidental injury).
(b) Deleted by 2000, P.L. 885, Dec. 20, No. 121, § 1, effective in 60 days.
(b.1) Requirements for periodic reports.--The periodic reports required by subsection (a)(3) shall include the following:
(1) Potential threats posed by facilities requiring emergency response plans under section 303 of SARA, Title III,5 and other concentrations of hazardous materials in the county or in areas immediately adjacent to the county that may pose a threat.
(2) Potential threats posed by hazardous material transported by highway and railroad in the county.
(3) Identification of existing capabilities to respond to hazardous material releases, including personnel, equipment, training, planning and identification of existing hazardous material response zones.
(4) Selection of an option to comply with this act under section 209(e)6 and identification of the need for personnel, equipment, training and planning needed to respond to the potential threats, including the designation of proposed levels of preparedness for local or regional response teams and proposed local or regional response zones.
(5) Identification of other resources needed to implement the provisions of this act and to support the local emergency planning committee.
(6) An audit of the Hazardous Material Emergency Response Account.
(7) Such other information as PEMA may deem necessary.

Credits

1990, Dec. 7, P.L. 639, No. 165, § 204, effective in 60 days. Amended 2000, Dec. 20, P.L. 885, No. 121, § 1, effective in 60 days.

Footnotes

1
71 P.S. §§ 1199.21 to 1199.28 (repealed); see now 35 Pa.C.S.A. §§ 7381 to 7387.
2
35 P.S. § 6022.206.
3
35 P.S. §§ 6022.205, 6022.206.
4
35 P.S. §§ 6022.207, 6022.208.
5
42 U.S.C.A. § 11003.
6
35 P.S. § 6022.209.
35 P.S. § 6022.204, PA ST 35 P.S. § 6022.204
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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