292.605. Employer to furnish certain information, to whom, form--on-site inspections, when--updating of information, when--information made available to public, by whom, fee.
Employer to furnish certain information, to whom, form--on-siteinspections, when--updating of information, when--information madeavailable to public, by whom, fee.
292.605. 1. Every employer shall provide information andreports regarding the properties and nature of the hazardoussubstances which he stores, uses or produces to the local fireprotection service, the department and the local emergencyplanning committee. Requirements for information under thissubsection may be satisfied by the employer through thesubmission of an annual Tier II form as defined in 40 CFR Part370 or other alternative methods of reporting approved by thedepartment. Submittal to the department of a Tier II form or anyother alternative method of reporting approved by the departmentshall satisfy the reporting requirements to the Missouriemergency response commission as directed under Title III of theSuperfund Amendments and Reauthorization Act of 1986.
2. In addition to the information required in subsection 1of this section, employers shall permit on-site inspections, asrequired by Title III, Emergency Planning and CommunityRight-to-Know, of the federal Superfund Amendments of 1986,Public Law 99-499, by the local fire chief or his representative,upon request, for the purpose of planning fire protection andemergency response activities. In addition to an on-siteinspection, the employer shall provide a material safety datasheet or information by written description or diagram, ifrequested by the local fire protection service or local emergencyplanning committee regarding the kind, location, approximatequantities, hazardous nature and method of containment ofhazardous substances which the employer stores, uses or producesat the facility. In addition to the information required by thissubsection, the employer shall provide the fire protectionservice or local emergency planning committee with relevantinformation, through on-site inspection or written description ordiagram, on all other hazardous substances, as defined in section260.500, RSMo, which the employer has knowledge are present atthe facility in such form and quantity as to present a potentialthreat to public health and safety or the environment in theevent of a fire or a release of the hazardous substance at thefacility. For the purposes of this subsection, relevantinformation required of the employer on hazardous substancesshall include the kind, location, approximate quantities,properties, hazardous characteristics and such other relatedinformation as the fire protection service may require to respondeffectively to an emergency at the facility. Informationrequired of the employer by the department of natural resourceson hazardous waste pursuant to sections 260.350 to 260.432, RSMo,which is made available or provided to the fire protectionservice shall satisfy the requirements for information on suchsubstances under this subsection. Information required by thissubsection shall be available to the general public, as requiredby Title III, Emergency Planning and Community Right-to-Know, ofthe federal Superfund Amendments and Reauthorization Act of 1986,Public Law 99-499.
3. On the Tier II form every employer shall provide thedepartment, the local emergency planning committee, and the localfire protection service in which jurisdiction the employer'sfacility is located with the name and current address andtelephone number of at least two individuals familiar with thekind, location, nature and approximate quantities of hazardoussubstances present in the facility who may be contacted in theevent of an emergency.
4. All information required from the employer undersections 292.600 to 292.625 shall be updated each March first ormore frequently if conditions change which may affect the abilityof the fire protection service to respond effectively to anemergency occurring at the facility.
5. All information provided by the employer to the fireprotection service, the local emergency planning committee, andthe department as required by subsection 1 of this section shallbe available to the general public from the fire protectionservice, local emergency planning committee or the departmentupon request. Any request for information shall be in writing.All requests for information shall be available during normalbusiness hours for inspection by any affected employer. The fireprotection service, the department or the local emergencyplanning committee may charge a fee sufficient to cover theactual cost of providing any requested information.
(L. 1985 H.B. 507 & 139 § 2, A.L. 1987 H.B. 655, A.L. 1988 S.B. 765, A.L. 1992 S.B. 480)