§ 10-3-401 — Local And Interjurisdictional Disaster And Emergency Plan -- Distribution

10-3-401 . Local and interjurisdictional disaster and emergency plan -- distribution. (1) Each political subdivision eligible to receive funds under this chapter shall prepare a local or interjurisdictional disaster and emergency plan and program covering the area for which that political subdivision is responsible. This plan shall be in accordance with and in support of the state disaster and emergency plan and program.
(2) The political subdivision shall prepare and distribute on behalf of the principal executive officers, in written form, a clear and complete statement of:
(a) the emergency responsibilities of all local agencies, if any, and officials;
(b) the disaster and emergency chain of command;
(c) local evacuation authority and responsibility; and
(d) local authority and responsibility for control of ingress and egress to and from an emergency or disaster area.
(3) The political subdivision of each local emergency planning district as established in 10-3-1204 (11) shall prepare and distribute on behalf of the principal executive officer a hazardous material emergency response plan that provides for the plan provisions in the federal Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. 11003, et seq. Each emergency plan must include but is not limited to:
(a) (i) the identification of facilities subject to the requirements of the federal act within the emergency planning district;
(ii) the identification of routes likely to be used for the transportation of substances on the list of extremely hazardous substances referred to in 42 U.S.C. 11002(a); and
(iii) the identification of additional facilities contributing to or subjected to additional risk due to their proximity to facilities subject to the requirements of the federal act, such as hospitals or natural gas facilities;
(b) the methods and procedures that facility owners and operators and local emergency response and medical personnel shall follow to respond to the release of extremely hazardous substances;
(c) the designation of a community emergency coordinator and facility emergency coordinators who shall make determinations necessary to implement the plan;
(d) procedures for providing reliable, effective, and timely notification by the community emergency coordinator and the facility emergency coordinators to persons designated in the emergency plan and to the public that a release has occurred, consistent with the emergency notification requirements of 42 U.S.C. 11004;
(e) the methods for determining the occurrence of a release and the area or population likely to be affected by the release;
(f) a description of emergency equipment and facilities in the community and at each facility in the community subject to the requirements of this part and an identification of the persons responsible for the equipment and facilities;
(g) evacuation plans, including provisions for a precautionary evacuation and alternative traffic routes;
(h) training programs, including schedules for the training of local emergency response and medical personnel; and
(i) the methods and schedules for exercising the emergency plan.
(4) After completion of the hazardous material emergency response plan, the local emergency planning committee shall submit a copy of the plan to the state emergency response commission.

Legislative History

En. 77-2307.1 by Sec. 8, Ch. 335, L. 1977; R.C.M. 1947, 77-2307.1(5), (6); amd. Sec. 9, Ch. 430, L. 1983; amd. Sec. 4, Ch. 71, L. 1987; amd. Sec. 5, Ch. 243, L. 2023.