Want to be involved in this program?  Download the application, or send a message to Brent Francis or Joey McCaslin.

Committees

Budget           Equipment

Training         Communications

SOP               Personnel

Recruitment

HAZMAT 2

By-laws

Pennyrile Regional Hazmat/WMD Response Team

ARTICLE I

Name

The official name of the volunteer, regional hazardous materials/Weapons of Mass-Destruction (WMD) response team organization established pursuant to the authority specified under Article II of these bylaws shall be Hazmat 2. 

ARTICLE II Authority

Hazmat 2 is established under the authority of Kentucky Revised Statutes Chapter 39B.070(3) and Caldwell County, Kentucky Ordinance No. 07-22-03, as amended.  Hazmat 2 shall meet the requirements of, and operate as, a "hazardous materials (HAZMAT) response team” as that term is used in the provisions of Chapter 29, Part 1910.120, paragraph (q) of the Code of Federal Regulations. 

ARTICLE III Emergency Management Supervision & D.E.S. Affiliation

Hazmat 2 shall meet and maintain the requirements of KRS 39A.280 and KRS 39C.110(3) pertaining to local emergency management agency supervision and local disaster and emergency services organization affiliation by virtue of its legal establishment under KRS 39B.070(3) as set forth in Article II of these bylaws.

ARTICLE IV Mission

The mission of Hazmat 2 shall be to assist state or local government, industry, and existing emergency services agencies and organizations in providing for public safety by conducting emergency response operations for releases of, or the substantial threatened releases of, hazardous substances or materials, including agents or weapons of mass-destruction that may require the possible close approach to a hazardous substance or material in order to control the actual or potential release, leak, or spill, or to perform initial life safety or incident stabilization protective actions, or to contain or minimize the spread of contamination.

ARTICLE V Area of Operation

Hazmat 2 shall respond and conduct operations within the geographic boundaries of the Kentucky Division of Emergency Management Area 2 counties of Caldwell, Christian, Crittenden, Hopkins, Livingston, Lyon, Muhlenberg, Todd, and Trigg, Hazmat 2 shall be available to assist elsewhere in the Commonwealth upon the request of the Kentucky Division of Emergency Management. 

ARTICLE VI

Officers

Section 1.    The officers of the Hazmat 2 organization shall be a president, a vice-president, and a secretary.  These officers shall perform duties to conduct the business affairs of the Hazmat 2 organization between meetings of the Hazmat 2 Executive Board, fix the hour and place of meetings, make recommendations to the Hazmat 2 Executive Board, and other duties as prescribed in parliamentary authority and these bylaws.  In addition, the officers shall perform such additional duties as are normally and ordinarily performed by like officers in similar organizations when such duties do not conflict with these bylaws.  An officer shall not simultaneously hold more than one (1) office.

Section 2.    The Caldwell County Judge/Executive or their appointed designee shall be the president of Hazmat 2.  The president shall be the chief executive officer and will direct and supervise the day-to-day administration and operation of Hazmat 2.

Section 3.    A vice-president and a secretary shall be appointed from among the members of the Hazmat 2 Executive Board.  The candidates for vice-president and secretary shall be nominated by a member of the Hazmat 2 Executive Board and appointed by majority vote of Hazmat 2 Executive Board members.  The vice-president and the secretary shall serve for a period of two (2) years and shall be eligible for re-election.   Terms of office for the vice-president and the secretary shall begin immediately upon their election and serve till December 31, 2004, and there after two (2) year terms.

ARTICLE VII

Executive Board

Section 1.    The Hazmat 2 Executive Board (hereinafter referred to as the Executive Board) is established to assist the president with the general administration and operation of the Hazmat 2 team.  The Executive Board shall be composed of a total of 9 (nine) members consisting of one (1) resident representative of each county specified in Article V of these bylaws. Members of the Executive Board shall be the County Judge/Executive or their appointed designee. Members of the Executive Board must currently reside in their county. 

 The Executive Board shall have 2 non-voting members, 1(one) KYEM Area 2 Manager, 1(one) Representative of Pennyrile Area Development District.

 Section 2.    The Executive Board shall have the power to make, amend, or rescind such bylaws, rules, and regulations as deemed necessary from time to time.  The president, with the approval of the Executive Board, shall be empowered to act on an issue or matter without calling the Executive Board into formal session when, through polling of Executive Board members, no fewer than five (5) members concur with the president on a proposed action to be taken to resolve or deal with the issue or matter.

 Section 3.    Each member of the Executive Board shall have one (1) vote in deciding any question before the committee, and all such questions shall be decided by simple majority vote of members present and voting at any regular or special meeting.  Actions taken by the Executive Board shall be reported to the full Hazmat 2 membership at their next regularly scheduled meeting.

Section 4.    Members of the Executive Board, individually or as otherwise directed by the president, shall perform such duties as delegated to them by the president and as specified in these bylaws or the Memorandum of Understanding with the Kentucky Division of Emergency Management.

Section 5.    All other standing or special committees, as the Executive Board shall determine to be necessary from time to time for the proper governance of Hazmat 2, shall be appointed by the president.

ARTICLE VIII

Hazmat 2 Membership

Section 1.    Written applications for membership in the Hazmat 2 shall be received in such form, and reviewed in such manner, as determined by the Executive Board.   The application process shall be open to any citizen of the United States eighteen (18) years of age or older with actual membership status being conferred upon each such individual person by the president, in writing, upon approval of their application by a simple majority of the Executive Board that is present and voting age.

Section 2.    Membership shall be in one (1) or more of the following units: 

     (1)  Technical Advisory Unit - Membership in this unit shall be conferred upon those individuals having academic degrees, expertise, or practical skills in professional fields such as chemistry, physics, medicine, occupational safety and health, engineering, military, health physics, industrial/environmental hygiene, public and environmental health, industrial safety, training and education, or similar fields of endeavor where such individual possesses specific knowledge or skills pertinent to hazardous materials or weapons of mass-destruction emergency response, who will assist Hazmat 2 in providing technical expertise and/or training for Hazmat 2 personnel; and 

   (2) Hazardous Materials Response Unit - Membership in this unit shall be conferred upon those individuals from existing emergency services organizations, industry, educational institutions, medical facilities, professional groups, or the general public, who will actively engage in or support emergency response operations for an incident involving hazardous materials and agents or weapons of mass-destruction.

 Section 3.    Technical Advisory Unit members and Hazardous Materials Response Unit members shall serve at the pleasure of the Executive Board and their membership may be terminated at any time by action of the president with the approval of a simple majority of Executive Board members.

ARTICLE IX

Training

 Section 1.    The chairman of the training sub-committee shall be the training officer. Hazmat 2 members shall receive training in accordance with the schedule developed by the training officer. The training officer shall be responsible for implementing and documenting the training of all Hazmat 2 members to ensure all training or refresher training meets the standards of applicable provisions of 29 CFR 1910.120(q) and other applicable laws, rules, and regulations.  The training officer shall prepare and maintain training records for each Hazmat 2 member including any statement of competency required.  Training records shall substantiate that the OSHA-defined level of training maintained for each member of Hazmat 2 is commensurate with their assigned duties.

Section 2.    Training levels for Hazardous Materials Response Unit members shall be divided into the following four (4) classifications:                   

     (1) First Responder Operations - Individuals who have been trained to the hazardous materials first responder operations level prescribed by 29 CFR 1910.120 (q)(6)(ii) in courses approved by the director of the Kentucky Division of Emergency Management;

     (2) Hazardous Materials Technician - Individuals who have been trained to the hazardous materials technician level prescribed by 29 CFR 1910.120 (q)(6)(iii) in courses approved by the director of the Kentucky Division of Emergency Management;

     (3) Hazardous Materials Specialist - Individuals who have been trained to the hazardous materials specialist level prescribed by 29 CFR 1910.120 (q)(6)(iv) as approved by the director of the Kentucky Division of Emergency Management; and

   (4) On-Scene Incident Commander - Individuals who have been trained to the on-scene incident commander level of training prescribed by 29 CFR 1910.120 (q)(6)(v), in courses approved by the director of the Kentucky Division of Emergency Management, and who will assume control of Hazmat 2 operations at the scene of a hazardous materials/WMD incident. 

Section 3.    In order to maintain membership in good standing, Hazardous Materials Response Unit members of the Hazmat 2 organization shall attend no fewer than sixty (60) percent of the regular training meetings conducted in each calendar year and, as a minimum, shall maintain certification pursuant to 29 CFR 1910.120 for the particular training level classification to which assigned.

ARTICLE X

Meetings

Section 1.    The full membership of the Hazmat 2 Technical Advisory Unit and Hazardous Materials Response Unit shall meet quarterly to conduct regular business meetings during each calendar year according to the schedule adopted by a majority of the Hazmat 2 membership.

Section 2.    The Executive Board shall meet quarterly during each calendar year, or upon the call of the president, to administer to the affairs of Hazmat 2.  The purpose of any special called meeting shall be stated in the call and, except in cases of emergencies, at least five (5) days notice shall be given.

Section 3.    The president or chairman, or in his absence the vice-president or vice-chairman, shall preside over regular and special meetings, and all such meetings shall be conducted in accordance with rules of parliamentary procedures as are set forth herein or with the rules contained in the current edition of Robert's Rules of Order Newly Revised in all situations to which they are applicable and not inconsistent with these bylaws.

Section 4.    A simple majority of members present at any called or scheduled meeting shall constitute a quorum.

  ARTICLE XI

Limits and Conditions

Section 1.    Hazmat 2 shall limit its response to the release, or potential release, of hazardous materials and agents or weapons of mass-destruction that: 

(1) Pose a major threat to public safety, health, or the environment of a community as determined by the president in consultation with local and state officials;

(2) For the chemicals shown in the TITLE III LIST OF LISTS, involve release or spill amounts equal to, or greater than, the reportable quantity as identified in the TITLE III LIST OF LISTS;

(3) Require response actions consistent with providing initial emergency incident control or stabilization as referenced in KRS 39C.110(3);

(4) Are capable of being properly and safely managed within the Hazmat 2 constraints of available personnel, certified levels of training, and proper equipment resources necessary to provide adequate personnel protection and effective resolution of an incident;

(5) Are of sufficient gravity or complexity to require execution of a mutual aid agreement officially adopted by local governing bodies that has been pre-approved by Hazmat 2; and

(6) For purposes of recovering response costs incurred by Hazmat 2, are covered under the terms of an executed local cost-recovery ordinance that has been pre-approved by Hazmat 2.  

Section 2.    Hazmat 2 will not typically respond to routine oil, gasoline or diesel fuel spills or farm related releases of agricultural chemicals unless the effects of a spill or release meet the criteria listed above in Section 1.  Hazmat 2 may respond to releases or potential releases of hazardous materials or agents and weapons of mass-destruction that fail to meet one or more of the criteria listed above at the discretion of the president, or the president’s designee.

Section 3.    Notwithstanding any other provisions of these bylaws, or the authority under which these bylaws are adopted, Hazmat 2 shall not, except to an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the purposes and mission of Hazmat 2 as set forth in Article IV of these bylaws.

Article XII Operations

 Section 1.    Hazmat 2 members shall operate under the command and control of its regular officers and shall function in coordination with the state or local incident command system (ICS) implemented to manage the incident response effort.  Hazmat 2 will normally operate as a sector or division within the ICS administered by the responsible political subdivision or jurisdiction.

Section 2.    Hazmat 2 members who are specially trained as hazardous materials technicians in accordance with 29 CFR 1910.120(q)(6)(iii) and are properly equipped to perform work related to the control or stabilization of releases or spills, or potential releases or spills, of hazardous materials where such work requires possible close approach to or actual contact with the released or spilled hazardous materials, will respond to and take the lead role in:

(1) Identification of unknown or suspected hazardous materials and agents or weapons of mass-destruction involved in an incident;

(2) Determining and carrying out appropriate remedial or protective actions to control or stabilize the incident;

   (3)   Monitoring, sampling, decontamination, neutralization, "plug and patch" operations necessary to stop or curtail leaks or spills of hazardous materials, and similar activities normally and ordinarily performed by a HAZMAT team;

   (4)   The removal of victims trapped in hazardous atmospheres to safe areas where local emergency medical services providers can accomplish appropriate medical treatment; and

   (5)   Consulting with appropriate officials of the state or local incident command system (ICS) with regard to Hazmat 2 operations; recommending appropriate public and response personnel protective measures; and similar recommendations relating to effective response to and stabilization of the incident.

 Section 3.    Hazmat 2 will assist, but not take the lead role, in:

      (1)   Evacuation or other public protective actions necessitated by a hazardous materials/WMD incident;

     (2)   Traffic control at the scene of an incident unless the use of hazardous materials technicians in chemical protective clothing and equipment is necessary, on a temporary basis only, to effectuate control of vehicular and pedestrian traffic at the scene of a hazardous materials/WMD incident;

     (3)   Rescue services other than removal of victims to safe atmospheres who are otherwise inaccessible to emergency responders not protected by chemical protective clothing and equipment;

     (4)   Permanent repair of leaking containers, tanks, pipes, vessels, valves, etc., unless such permanent repair is essential to control or stabilization of the incident or the continued release of hazardous materials;

     (5)   Fire fighting operations not essential to the control or stabilization of ongoing leaks or the release of hazardous materials;

     (6)   First aid or administration of basic or advanced life support emergency medical treatment, except as may be necessary to remove victims to safe atmospheres;

     (7)   Providing decontamination for victims prior to transport to medical facilities; and

     (8)   Cleanup of hazardous wastes generated by or resulting from an accidental leak or spill of hazardous materials, except as may be essential to the control or stabilization of the incident.

Section 4.    Hazmat 2 will not respond to nor take any action in:

      (1)  Law enforcement activities other than assisting with traffic control at the scene of a hazardous materials/WMD incident where the use of chemical protective clothing and equipment and specially trained hazardous materials technicians are required to safely carry out such traffic control measures;

      (2)  Any fire fighting, rescue, search and rescue, emergency medical service, or other emergency response functions normally and ordinarily provided by other existing emergency services agencies or organizations, except in the event of specialized hazmat needs during a disaster or major emergency situation, as determined by the president in consultation with local and state officials;

      (3)  Environmental cleanup and/or removal and/or transportation of hazardous wastes or other hazardous materials or substances from the scene of any regulated or unregulated site, except as may be essential to control or stabilization of an emergency at such site posing a clear and present threat of harm to nearby people, property, or the environment; and

      (4)  Securing, guarding, monitoring or otherwise being present at an incident scene where released or spilled hazardous materials have been contained, at-risk personnel have been evacuated or sheltered in-place, and no danger or risk to public safety exists in the area outside of a small exclusion (hot) zone area of limited space such as a building, lot, or other such limited, open area.

Section 5.    Hazmat 2 may execute operations that are limited to performing a hazard assessment and to performing no further response operations when it is determined that Hazmat 2 team members:

       (1) Lack adequate resources to respond adequately or effectively at a particular incident; or

       (2) Lack the specific training or expertise needed to take further action.

In either of these situations, Hazmat 2 may assist in contacting other organizations, agencies, contractors, or other personnel who have the appropriate training and expertise to conduct needed response operations.

ARTICLE XIII

Financial Accounting and Property Accountability

 Section 1.    All grants, contributions, funds, or other monies received by, properly belonging to, or otherwise accruing to Hazmat 2 shall be deposited and held in the Pennyrile Area Development District Hazmat 2 fund account within the Pennyrile Area Development District treasury and uniform system of accounts pursuant to the provisions of KRS 39B.010(3).  It shall be the responsibility of the Pennyrile Area Development District Treasurer to receive, account for, and safeguard all funds, and disburse all such funds at the request of the Executive Board of HAZMAT 2 for the purposes for which Hazmat 2 is formed and operated.  Handling of all funds shall be in accordance with generally accepted accounting principles (G.A.A.P.) and the financial procedures ordained by the Pennyrile Area Development District.

Section 2.    No portion of any income received by Hazmat 2 shall be used to the personal benefit of, or be distributable to, its members, officers or other persons.

 Section 3.    Any real or personal property acquired or otherwise received, as necessary to the furtherance of the purposes for which Hazmat 2 is formed and operated, shall be vested for fiduciary purposes with the Hazmat 2 Executive Board which shall hold claim, in trust, to the same in its official name.

Section 4.    The Executive Board of HAZMAT 2 shall have responsibility for the accountability for any and all such real or personal property acquired or otherwise received and used by Hazmat 2. Hazmat 2 may assign real or personal property to other Pennyrile counties.

Section 5.    In the event of the dissolution of Hazmat 2, the assets thereof shall be re-assigned or re-distributed by the Hazmat 2 Executive Board after consultation with the Kentucky Division of Emergency Management.

Section 6.    Audits of Hazmat 2 financial records will be conducted under the schedules and methods governing the Pennyrile Area Development District uniform system of accounts as prescribed by the State Auditor’s Office.

ARTICLE XV

Amendments

These bylaws may be amended in whole or in part by the Executive Board of HAZMAT 2 at any meeting lawfully called by a simple majority vote of those members present and voting at the meeting at which such amendment is proposed.  These bylaws, and any amendments thereto approved by Hazmat 2 Executive Board, shall be submitted to the Caldwell County Fiscal Court.

ARTICLE XVI

Adoption

The heretofore bylaws, or amended bylaws, are hereby adopted by the Executive Board of Hazmat 2 acting in formal session on this, the 21st day of August, 2003.

                                                                       APPROVED:

                                                                       __________________________

  President, Hazmat 2

 ATTEST:

 ___________________________

Secretary, Hazmat 2