The owner or operator of any facility at which there is present a hazardous chemical or an extremely hazardous substance in an amount that exceeds the threshold level for that substance established by regulations adopted under the federal act shall, in accordance with such act, and regulations promulgated thereunder, do all of the following:
(A) No later than three months after becoming subject to the federal act, notify the Local Emergency Planning Committee and the Department of Emergency Management and Homeland Security that:
(1) The facility is subject to the federal act;
(2) Provide the name of a facility representative who will participate in the emergency planning process as the facility emergency coordinator.
(B) Promptly inform the Local Emergency Planning Committee and the Department of Emergency Management and Homeland Security of any changes occurring at the facility that may be relevant to the emergency planning process.
(C) Upon request of the Local Emergency Planning Committee or the Department of Emergency Management and Homeland Security of, promptly provide information that is necessary for developing and implementing the local emergency response plan, as that term is defined under the federal act. Information that is provided under this section is subject to the restrictions on the release of trade secret information under the federal act.
(D) No person shall fail to comply with this section. Each day that a person is in noncompliance with this section shall constitute a separate violation hereunder. The Local Emergency Planning Committee may, in its discretion, commence an action under this section against any person who violates the provisions of this section. Any action under this section is a civil action, governed by the general rules, practice and procedure applicable to civil actions in the state. In addition to an action for civil penalties, the Local Emergency Planning Committee may, in its discretion, bring an action for injunctive relief to permanently enjoin any person from further violations or the provisions of this section and the federal act.
(Ord. 091514A, passed 11-17-14)