West Virginia Code of State Rules Agency 55 - State Emergency Response Commission
The West Virginia State Emergency Response Commission (SERC), established under W. Va. Code §15-5A-1 et seq., plays a pivotal role in coordinating the state's emergency response efforts, particularly concerning hazardous materials and community right-to-know initiatives. The SERC's operations are further delineated through its legislative rules, specifically Title 55 of the West Virginia Code of State Rules, encompassing Series 55-01 and Series 55-02.
🏛️ Agency Overview
The SERC is tasked with overseeing the preparation and implementation of comprehensive emergency response plans for designated emergency planning districts within West Virginia. This mandate ensures compliance with the federal Emergency Planning and Community Right-to-Know Act (EPCRA), codified at 42 U.S.C. §11001 et seq. The commission operates under the jurisdiction of the Office of Emergency Services, which handles its administrative duties West Virginia Code+1.
📘 Key Legislative Rules
Series 55-01 – Emergency Planning and Community Right-to-Know
This series outlines the procedures and requirements for emergency planning and the dissemination of information related to hazardous chemicals. Notable sections include:
Section 55-1-2 – Definitions: Provides definitions for terms such as "emergency planning district," "facility," "DEPC" (District Emergency Planning Committee), and "SERC" regulations.justia.com.
Section 55-1-3 – General Provisions: Establishes the scope and authority of the rule, including the requirement for facilities to report hazardous chemicals and the responsibilities of DEPCs in developing emergency response plans.
Series 55-02 – Emergency Planning Grant Program
This series governs the application and awarding of grants to support emergency planning efforts. Key provisions include:
Section 55-2-1 – General: Outlines the procedures for applying for and awarding Emergency Planning Grants, as authorized under W. Va. Code §15-5A-5(k) regulations.justia.com.
Section 55-2-2 – Eligibility and Application Process: Details the eligibility criteria for grant applicants and the steps involved in the application process.
⚖️ Relevant Case Law
While specific case law directly interpreting Agency 55 rules is limited, the application of these regulations is often addressed in administrative rulings and decisions by the West Virginia Office of Tax Appeals. For example, disputes regarding the classification of income as West Virginia-source income for nonresidents are common. In such cases, the principles outlined in Series 110-21-31 are applied to determine tax liability.
🛠 Practical Applications
Emergency Response Planning: Local governments and facilities must develop and maintain emergency response plans that comply with EPCRA and the requirements set forth by the SERC.
Hazardous Chemical Reporting: Facilities handling hazardous chemicals are required to submit detailed reports to the SERC, DEPCs, and local fire departments, ensuring transparency and preparedness in case of emergencies.
Grant Utilization: Entities involved in emergency planning can apply for grants under Series 55-02 to support their initiatives, enhancing the state's overall emergency response capabilities.
📌 Conclusion
The West Virginia State Emergency Response Commission, through its legislative rules, provides a structured framework for managing hazardous materials and ensuring community safety. By adhering to these regulations, the state aims to foster a proactive approach to emergency preparedness and response.
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