44-146.40 - Virginia Emergency Response Council created; membership; responsibilities; immunity for local councils.
§ 44-146.40. Virginia Emergency Response Council created; membership;responsibilities; immunity for local councils.
A. There is hereby created the Virginia Emergency Response Council to carryout the provisions of Title 3, Public Law 99-499.
B. The Virginia Emergency Response Council shall consist of such state agencyheads or designated representatives with technical expertise in the emergencyresponse field as the Governor shall appoint. The Governor shall designate achairman from among its members.
C. The Virginia Emergency Response Council, known as the "VirginiaCouncil," shall designate an appropriate state agency to receive fundsprovided under Title 3, Public Law 99-499.
D. The Virginia Emergency Response Council shall seek advice on policy andprogrammatic matters from the Hazardous Materials Emergency Response AdvisoryCouncil.
E. The Virginia Council shall adopt rules and procedures in accordance withthe provisions of the Administrative Process Act, Chapter 40 (§ 2.2-4000 etseq.) of Title 2.2 for the conduct of its business.
F. Any person appointed by the Virginia Emergency Response Council as amember of a local emergency planning committee shall be immune from civilliability for any official act, decision or omission done or made inperformance of his duties as a member of such local council, provided thatthe act, decision or omission was not done or made in bad faith or withmalicious intent or does not constitute gross negligence. No member of anyemergency planning committee nor any state agency on behalf of such memberneed make a payment into the state insurance trust fund under § 2.2-1835 forthis purpose.
G. Any joint emergency planning committee serving Fairfax County and the Cityof Fairfax shall have the authority to require any facility within itsemergency planning district to submit the information required andparticipate in the emergency planning provided for in Subtitle A of Title 3of Public Law 99-499. For the purposes of this subsection, "facility" shallinclude any development or installation having an aggregate storage capacityof at least one million gallons of oil as defined in § 62.1-44.34:10, or thepotential for a sudden release of 10,000 pounds or more of any otherflammable liquid or gas not exempt from the provisions of § 327 of Title 3 ofPublic Law 99-499. This requirement shall not occur until after public noticeand the opportunity to comment. The committee shall notify the facility owneror operator of any requirement to comply with this subsection.
(1987, c. 492; 1992, cc. 633, 656; 1994, c. 691; 2007, c. 813.)