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Florida STATE EMERGENCY RESPONSE COMMISSION for hazardous materials |
SERC
Authority
STATE OF FLORIDA
OFFICE OF THE GOVERNOR
EXECUTIVE ORDER NUMBER 94-138
(State Emergency Response Commission)
WHEREAS, on April 17, 1987, the State Emergency Response Commission for hazardous materials was created pursuant to the Executive Order 87-57 in compliance with the Superfund Amendments and Reauthorization Act of 1986, Title III, "Emergency Planning and Community Right-To-Know Act of 1986," and
WHEREAS, the Act required the Governor of Florida to appoint a State Emergency Response Commission for hazardous materials with all the authority and responsibilities delineated in the Act, and
WHEREAS, the State Comprehensive Emergency Management Plan establishes a Hazardous Materials Task Force to coordinate state response and support to local governments during emergencies involving the release of hazardous materials, and
WHEREAS, selected members of the Hazardous Materials Task Force, along with representatives from the public and private sectors, have been determined to possess the necessary expertise to implement the emergency planning and community right-to-know provisions of the Act, and
WHEREAS, both the Governor and the Act recognize that the proliferation of hazardous materials will continue to pose a significant risk to the public's health, safety, and welfare unless responsible planning and coordination measures are instituted.
NOW, THEREFORE, I, LAWTON CHILES, as Governor of Florida, by virtue of the authority vested in me by the Constitution and laws of the State, do hereby promulgate the following Executive Order, effective immediately:
Section 1. The State Emergency Response Commission for hazardous materials, herein referred to as 'The Commission", is hereby continued in existence.
Section 2. The members of the Commission shall be appointed by and serve at the pleasure of the Governor. The Commission shall be chaired by the Secretary of the Department of Community Affairs. The Director of the Division of Emergency Management, Department of Community Affairs, shall serve as the alternate chairman in the absence of the chairman.
The Commission shall include one member representing each of the following state agencies or organizations:
Florida Department of Environmental Protection
Florida Department of Transportation
Florida Department of Labor and Employment Security
Florida Department of Law Enforcement
Florida Department of Agriculture and Consumer Services
Florida Department of Health and Rehabilitative Services, Office of Emergency Medical Services
Executive Office of the Governor
Florida Fire Chiefs Association
Florida League of Cities
Florida Association of Counties
Florida Regional Councils Association
Florida Emergency Preparedness Association
State Fire Marshall (sic)
Florida Chemical Industry Council
Florida Power Corporation
Florida Phosphate Council
Associated Industries of Florida
The Commission shall also consist of:
The chairperson of one Local Emergency Planning Committee
Two members representing public interest environmental or consumer organizations
One Member representing the safety interests of employers in this State
A representative of the Seminole Tribe of Florida
One member representing the petroleum industry
One member representing the liquefied petroleum gas industry
One member from the agricultural industry
One member representing the Florida Professional FirefightersSection 3. The Commission's responsibilities shall be to:
(a) Designate and appoint members of a local emergency planning committee for each of the emergency planning districts;
(b) Supervise and coordinate the activities of the local emergency planning committees;
(c) Review emergency plans prepared by the local planning committees and make recommendations relating to coordinating emergency response;
(d) Establish procedures for processing requests from the public for information about emergency response plans, chemical notification forms, the Environmental Protection Agency's list of extremely hazardous substances, and toxic chemical release forms;
(e) Analyze the need for resources and legislation to appropriately implement the Act at the state and local government levels; and
(f) Pursue initiatives with private industry, the Legislature, and government agencies to obtain necessary resources to implement the Act.
Section 4. In order to promote administrative efficiency, the Commission is strongly encouraged to adopt the existing substate planning regions as specified in Chapter 27E-1.0002, Florida Administrative Code, as the geographic boundaries of the local emergency planning districts.
Section 5. The Department of Community Affairs, Division of Emergency Management, shall serve as the primary agency for coordinating and providing staff support for the emergency planning requirements of the Act.
Section 6. The Commission is hereby designated to receive the toxic chemical release forms required to be submitted under Section 313 of the Superfund Amendments and Reauthorization Act of 1986. One copy of such release forms will be provided to the Department of Environmental Regulation.
Section 7. In carrying out its responsibilities pursuant to the Act, the Commission is authorized to call upon any department, office, division or agency of the State to supply such data, reports, or other information it deems necessary. Each department, office, division or agency of the State is authorized and directed, to the extent consistent with law, to cooperate with the Commission and to furnish it with such information, personnel and assistance as necessary to accomplish the purposes of the Act and this Executive Order.
Section 8. Nothing in this Executive Order shall restrict or otherwise limit the statutory duties and functions expressed in Chapter 442, Florida Statutes.
Section 9. Nothing in this Executive Order shall restrict or otherwise limit the operational duties and functions of the Hazardous Materials Task Force, as specified in the State Comprehensive Emergency Management Plan.
Section 10. The Commission shall meet at times and places designated by the Chairman. Any vacancy occurring on this Commission shall be filled in a manner of the original appointment.
Section 11. The members of the Commission may receive reimbursement for per diem and travel expenses as provided in Section 112.061. The Department of Community Affairs shall be responsible for payment of any operational, administrative or organizational expenses incurred by the Commission. Operational, administrative or organizational expenses shall not be incurred by the Commission without the prior approval of the Secretary of the Department of Community Affairs.
Section 12. This Executive Order shall remain in effect until otherwise rescinded.
Section 13. Executive Orders 87-57, 87-58, 88-74, 88-129, 90-113, 92-163, 93-124 and 93-242 are hereby rescinded.
IN TESTIMONY WHEREOF, I have hereunto set my hand and have caused the Great Seal of the State of Florida to be affixed at Tallahassee, the Capitol, this 8th day of June, 1994.
Lawton Chiles, Governor
Attest: Jim Smith, Secretary of State
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