Section 301.210  Authority

a)         In accordance with requirements of Section 10(g) of the Act, each ESDA established pursuant to the Act shall prepare an emergency operations plan for its geographic boundaries that complies with the planning, review and approval standards set forth in this Part.

b)         If the corporate boundaries of a municipality fall within the boundaries of more than one county jurisdiction, the principal executive officer of the municipality may choose which county jurisdiction to be included for planning and exercise purposes after the following:

1)         The chosen county jurisdiction agrees to be responsible for the entire municipality for planning and exercise purposes through an intergovernmental agreement or equivalent legally binding document.  The intergovernmental agreement or equivalent legally binding document shall set the term of the agreement;

AGENCY NOTE:  If an agreement cannot be reached between the municipality and county jurisdictions involved, the county jurisdiction where the primary business address for the municipality is located shall be responsible for the planning and exercise requirements of this Part for the municipality.

2)         Notice is given to all county emergency management jurisdictions affected by the decision, including all other jurisdictions in which population of the municipality lies; and

3)         Notice is given to IEMA and IEMA has provided written approval prior to any change in responsibility.  The intergovernmental agreement or equivalent legally binding document indicating agreement of the county in accordance with subsection (b)(1) shall be provided to IEMA.

c)         The responsible county jurisdiction under subsection (b)(1) shall provide all county emergency management jurisdictions affected by subsection (b) a copy of the EOP and copies of exercise and training records for the municipality.

d)         Nothing in this Section shall require a municipality to choose only one county nor shall it prevent more than one county from sharing responsibility for planning and exercise purposes.  In addition, nothing in this Section shall require a county to accept full responsibility for a municipality unless it has agreed to do so under subsection (b)(1).

(Source:  Amended at 42 Ill. Reg. 15933, effective July 31, 2018)