Maine Revised Statutes

§794§796
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT HEADING: PL 1997, C. 455, §9 (RPR)
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY HEADING: PL 1987, C. 370, §13 (RPR)
Subchapter 3-A: COORDINATION AND ADMINISTRATION OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986 HEADING: PL 1989, C. 464, §2 (NEW)

§795. Facility emergency response plans

The operators of any facility where any extremely hazardous substance is present in a quantity above the threshold planning quantity are subject to the following. [1989, c. 464, §3 (NEW); 1989, c. 638, §2 (AMD).]

1. Written plans.  A written plan in accordance with agency guidelines to protect public health and safety in the event of an accidental release must be prepared and submitted by the facility operators to the commission, committee and fire department with jurisdiction over the facility no later than 6 months from the effective date of this subchapter. The plan must satisfy the requirements of the agency and shall, at a minimum:
A. Identify the facility emergency coordinator and that person's alternate; [1989, c. 464, §3 (NEW).]
B. Describe the emergency warning systems and list nearby emergency and health personnel; [1989, c. 464, §3 (NEW).]
C. Describe employee training and testing programs; [1989, c. 464, §3 (NEW).]
D. Describe available response equipment and protective garments; [1989, c. 464, §3 (NEW).]
E. Describe emergency health treatment procedures including notification, facility evacuation and community evacuation and shelter-in-place procedures; [1989, c. 464, §3 (NEW).]
F. Identify transportation routes and transportation methods for extremely hazardous substances; [1989, c. 464, §3 (NEW).]
G. List the names of all companies providing sudden and nonsudden accidental coverage to the facility; and [1989, c. 464, §3 (NEW).]
H. List any mutual aid agreements between the facility and emergency responders or public safety agencies. [1989, c. 464, §3 (NEW).]
Emergency response plans required pursuant to other state or federal laws may be used to fulfill these requirements if the plans contain the provisions required by this section.
[ 1989, c. 464, §3 (NEW) .]
2. Annual test.  An annual test demonstration and annual review must be held by the facility owners or operators to ensure public health and safety.
[ 1989, c. 464, §3 (NEW) .]
3. Emergency response equipment.  By October 1, 1989, the operators of facilities covered under this subchapter shall, through mutual aid agreements with a committee or local emergency response officials, provide for use by emergency personnel, primary response equipment which shall at a minimum include protective clothing and breathing apparatus necessary to contain or extinguish releases of substances handled by their facility. Facilities may coordinate the provision of equipment with other facilities in the locality as well as the appropriate municipal public safety agencies.
[ 1989, c. 464, §3 (NEW) .]

Any person or facility that provides personnel or equipment through a mutual aid agreement with a committee or local emergency response officials is immune from civil liability to the same extent provided government employees and political subdivisions in Title 14, chapter 741 for acts performed within the scope of the mutual aid agreement. [1989, c. 464, §3 (NEW).]

SECTION HISTORY
1989, c. 464, §3 (NEW). 1989, c. 638, §2 (AMD).

Data for this page extracted on 10/23/2009 12:13:20.

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public.
If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007