Constitution & By-Laws

Adopted: March 9, 1989

First Revision: February 9, 1990

Second Revision: February 14, 1992

Third Revision: March 12, 1993

Fourth Revision: May 11, 1995

Fifth Revision: April 11, 2007

ARTICLE I

The name of this organization shall be the Charleston County Local Emergency Planning Committee. The official mailing address shall be located at the Charleston County Hazardous Materials Office, 4045 Bridge View Drive, Room C-201, North Charleston, SC 29405. The planning district of this committee shall be the County of Charleston.

ARTICLE II

The purpose of this organization shall be:

• To develop and maintain a comprehensive emergency plan to deal with hazardous chemicals in Charleston County and to work with facilities to minimize risks associated with these hazardous chemicals.
• To periodically test the effectiveness of the comprehensive plan.
• To receive information about chemical releases in Charleston County.
• To increase community awareness of both chemical risk and the actions to protect public and environmental safety.
• To educate the public about risks from accidental releases of hazardous chemicals and work with facilities to minimize the risk.
• To work with Berkeley and Dorchester County LEPC's to assure that emergency plans in the tri-county area are complementary to one another.
• To maintain a broad-based membership in the LEPC to appropriately represent the entire community in Charleston County.
• To develop a system for first responders to have timely access to appropriate emergency response information.
• To increase community awareness of the purpose and activities of the Charleston County LEPC which was formed by mandate of SARA, Title III.
• To increase community response capabilities through acquisition of specialized equipment and professional education of public safety personnel.

ARTICLE III

As required by SARA TITLE III, the membership of this organization shall be composed of at least one representative of each of the following:

The membership may also include others as deemed advisable by the committee. The membership may be represented by their designees when required. In addition, representatives of the government and or members of the community with desired expertise may serve in a technical advisory capacity at the pleasure of the committee. The Hazardous Materials Coordinator / Director will serve as coordinator for the committee.

ARTICLE IV

Meetings will be held no less frequently than once each quarter. Time and place will be designated by the chair of the committee at the beginning of the calendar year.

Special meetings may be called by the chair or by petition of simple majority of the membership.

A simple majority vote by the members in attendance at a regularly scheduled monthly meeting, including at least one officer, shall constitute a quorum.

Each regular member of the committee shall have one vote, and only one regular member per agency may vote. In their absence and with their permission, an alternate representative may vote. Voting may be by secret ballot or voice vote. Action by simple majority of those members present at a meeting at which a quorum is present shall be the act of the committee.

ARTICLE V

The officers of the committee shall be the Chairman, the Vice Chairman, and Secretary who will be elected by the committee.

The term of officers is to be one year running from meeting in January to the next meeting in January with the Vice Chairman replacing the Chairman annually.

Any elected vacancies are to be filled by a majority vote of the membership. This election would be for the remainder of the unexpired term. The office of Vice Chairman and Secretary Elections will take place in the fourth quarter of the calendar year. New officers will take the first meeting of January.

An effort will be made by the nomination's committee to maintain a balance of representation between industry and public safety officials when officer vacancies occur.

The DUTIES of the officers shall be:

CHAIRMAN: To be the principal executive officer and ex-officio member of all subcommittees except the nominating committee. He/she shall appoint all special subcommittee of the organization. Committee meetings shall be recorder and submitted to the State Emergency Response Commission (SERC).

VICE CHAIRMAN: Shall preside over meetings in the absence of the chairman; carry out all other duties in the event of the chairman's inability to perform such duties.

SECRETARY: Shall keep the minutes of the meetings of the committee and in general perform all duties incident to the office of the secretary and such other duties as from time to time may be assigned to them by the chairman.

ARTICLE VI

The Chairman shall appoint all subcommittees on an ad hoc basis. These will normally consist of Planning, Citizens Right to Know, Training, Constitution and Bylaws, Resources / Tri-County Liaison, Membership, and Facilities.

ARTICLE VII

The Charleston County LEPC shall conduct business according to Robert's Rule of Order, except when they may be in conflict with these By-Laws.

ARTICLE VIII

These By-Laws may be altered, amended or repealed and new By-Laws may be accepted by an affirmation vote of a simple majority (no proxy or absentee ballots) at any regular meeting or a special meeting called for that purpose, provided that notice of such proposed changes be presented by the secretary in writing to each committee member at least fourteen (14) days prior to such meeting.

ARTICLE IX

The Charleston County Local Emergency Planning Committee was created under the authority of:

1. Public Law 99-499, Superfund Amendment and Reauthorization Act of 1986 (SARA): and the State of South Carolina Executive order 87-18, dated May 11, 1987.
2. Charleston County Ordinance No. 485, dated July 5, 1983.

ARTICLE X

Permanent administrative and operational control shall remain within this organization.