The Industrial Accident Emergency Notification Bill Summary (SB 279)

            The Industrial Accident Emergency Notification Bill (SB 279) was proposed by Governor Manchin in the 2009 regular legislative session.  

This bill was developed to strike the proper balance between effectively regulating industrial accidents to protect public safety and ensuring the requirements are not an over reaction to one incident that creates a heavy burden on industry throughout the state. It creates a new section of the West Virginia Code in Chapter 15 Public Safety, Article 5B Mine and Industrial Accident Rapid Response System, just after Section 3 Emergency Mine Response. The new Section 3a is entitled the “Industrial facility emergency event notification and access”. The legislation passed the legislature on April 11^th, 2009 and was signed into law by the Governor on May 12^th, 2009. It will become effective 90 days from passage on July 10^th, 2009. 

There are several important provisions set forth by this bill including but not limited to:

·        providing that before any facility may be subject to the legislation, the owner or operator of each facility must be placed on actual written notice via certified mail, return receipt requested, of the facility's inclusion

·        requiring certain industrial facilities notify either the Mine and Industrial Accident Emergency Operations Center or their local 911 Center of an emergency event within 15 minutes

·        requiring facilities provide access to certain state and local officials access to the location where the emergency event is being managed or coordinated and to the location of the incident once it becomes safe

·        establishing a fine of up to $100,000 for not reporting 

·        requiring the industrial facility establish a communications system designed to provide timely information to appropriate state and local officials

·        requiring state and local officials to notify the public within 30 minutes of obtaining information regarding hazardous materials that affects the public health, safety or welfare

·        establishing that a facility can be subject to additional civil penalties depending on how it handles the continuing communications and access requirements of the bill

·        designating that any moneys collected pursuant to the bill will be deposited in the Hazardous Waste Emergency Response Fund managed by the WVDEP

·      authorizing the Division of Homeland Security and Emergency Management to promulgate rules, including emergency rules that among other things will establish a list of industrial facilities to be regulated by this legislation

In summary, the legislation mandates 3 primary requirements for industrial facilities that are regulated by this legislation upon the occurrence of an emergency event: (1) accident reporting, (2) providing access to public officials, and (3) development of an emergency event communications system. The Department of Homeland Security’s development of rules for this legislation on these issues is set to begin in early June. 

This article was authored by Donnie L. Adkins, Jackson Kelly PLLC. For more information on the author see here.