(A) In order to guarantee proper closure of an ILO’s lagoons and facilities, to ensure proper clean-up of spills or releases of animal waste beyond land application as permitted, to remedy or abate violations of this chapter, and to protect the public health, safety, and welfare of the citizens of the county, the owner of the ILO shall execute an agreement with the county providing for adequate funds for the proper closure of lagoons, proper clean-up of spills, and prompt abatement of any violations of this chapter. To secure this agreement, the owner shall provide a surety bond in an amount of $16,000 per acre of waste lagoon surface area or $2,000 per building for dry waste systems. Said surety bond shall be from a surety bonding company authorized to do business in the state, payable to the county, the duration of which shall be until such time as the Director certifies in writing that closure is properly completed.
(B) If the Director reasonably determines that closure in accord with this chapter has not occurred, or that the owner has failed to promptly clean up any spill or abate any violation of this chapter, the Director shall notify the owner in writing of the determination. Within 30 days of the receipt of this notice, the owner shall deliver to the Director (for the benefit of the county) sufficient funds to complete closure, clean-up spills, or remedy or abate violations of this chapter; provided that if the owner disputes the Director’s determination, it shall deposit the funds necessary to complete closure in an escrow account where they shall remain until the dispute is resolved in accordance with G.S. § 130A-24. Any excess funds available following execution of this provision shall be returned to the owner as appropriate.
(C) Compliance with this section shall not limit the financial liability of all owners or operators of an ILO for the costs of lagoon/facility closure or any action necessary to avert a threat to the public health, for clean-up of spills or releases, for abatement of violations of this chapter, or for damages to property, persons, or resources of the state.
(Ord. passed 4-4-2000)