(A) Purpose. The County Commissioners share the State General Assembly’s great concern for the safe and effective disposal of hazardous and low-level radioactive waste, and have in addition a great concern for the economic and public health costs resulting from inefficient cleanup of past accidents. The County Commissioners recognize the benefit of speedy cleanup, manifested in monetary savings and in the prevention of permanent damage to life and property. The County Commissioners also recognize that the Cleanup Fund established under G.S. Chapter 130A only covers on-site cleanup and care, and that the federal response fund established under the Comprehensive Emergency Response, Compensation, and Liability Act, Pub. L. No. 96-510, 42 U.S.C. §§ 9601 et seq. is inadequate to ensure speedy and adequate compensation, particularly for damages to individuals. The purpose of this section is to establish an emergency response fund, to be funded by an additional privilege license tax, particularly for individual medical and property damage, off-site contamination, and transportation accidents, and other costs arising out of the location and operation of hazardous and low-level radioactive waste facilities in the county.
(B) Establishment of fund. There is established, pursuant to the authority vested in the County Commissioners by G.S. § 153A-121, a special Hazardous Waste Cleanup Fund, to be disbursed liberally and speedily upon notification of any dangerous spill or leakage that is not immediately remedied by the party responsible or by the federal or state governments. The Fund will supplement the state fund established under G.S. Chapter 130A, and it is the intent of the County Commissioners that it should be used first to cover personal injury costs and off-site contamination costs. Should the Fund be found to be invalid for whatever reason, the monies collected and accrued interest shall be returned to the facility operator(s) in the same shares as it was paid in; otherwise, the Fund shall be non-reverting.
(C) How collected. The privilege license tax collected under this section shall be 6% of the gross annual receipts of all hazardous and low-level radioactive waste facilities in the county subject to this chapter, until the principal of the Fund shall reach $25,000,000 with all interest to accrue to the Fund.
(D) Management. The County Finance Officer and one member of the County Commissioners shall be appointed managers of the Fund. They shall give an annual accounting of the Fund to the County Commissioners and to all subject facility operators in the county. The County Finance Officer shall pursuant to this section prepare a report on the best means of investing these tax revenues within 30 days of the receipt of an application for a major hazardous or low-level radioactive waste facility in the county. It is the intent of the County Commissioners that these revenues shall not be invested in the securities, obligations, or other instruments of industries which are major producers of hazardous or low-level radioactive waste.
(E) Procedure for disbursement. The County Attorney is directed to draw up a plan and procedures for disbursement, which shall be designed to:
(1) Ensure prompt response to individual claims and cleanup actions;
(2) Ensure that all disbursements are made in accordance with state and federal laws; and
(3) Ensure that there are provisions for periodic disbursements where the nature of the injury so requires.
(F) Authority to disburse. The Hazardous and/or Low-Level Radioactive Waste Board, by majority vote, shall be the disbursing authority for payment made from the Fund. The Hazardous and/or Low-Level Radioactive Waste Board shall prepare a written report of any meeting at which such vote is taken, including the names of persons voting for and against, amount voted, and reasons. The County Commissioners shall review such report at its next meeting.
(G) Collection of expenditures. The County attorney shall prepare a plan for collecting expenditures from the Fund from parties responsible for discharges requiring such expenditures.
(H) Procedure for closing of Fund. The County Finance Officer shall prepare a plan for the closing of the Fund within a reasonable time after the closure of the facility(s) in the county, but notwithstanding anything herein to the contrary, it is ordained that the funds shall be retained until it is determined by the Board of County Commissioners that no remote possibility of potential damage exists to the health of the citizens of the county or to the environment. This determination shall only be made by the County Commissioners after a careful, scientific evaluation is made employing the best available technology.
(I) Bond.
(1) Until the Fund set up under division (C) above reaches $25,000,000, all hazardous and low- level radioactive waste facilities in the county subject to this chapter shall jointly post a bond in favor of the county in an amount which represents the difference between the balance in the Fund and $25,000,000 to guarantee the speedy and prompt performance of the terms of this section.
(2) All bonds required under this section shall be signed and executed by the principal and guaranteed by a surety company duly licensed to do business in the state and authorized to post and give bond to be received by any department of the state government. Any person, firm, or corporation presenting any indemnity or guaranty company as surety for the bond shall accompany his or her bond with a statement of the Insurance Commissioner as to the condition of such company, and the statement shall include but not be limited to the following:
(a) That the bonding company is licensed to do business in the state;
(b) That the bonding company is authorized to post bonds for any department of state government in the amount for which the bond is sought and that, in the opinion of the Insurance Commissioner, the financial condition of the bonding company is such that it will be able to carry out and perform the terms of the bond if it shall be required to do so; and
(c) If the bonds herein required shall lapse for any reason, then in that event, in addition to the enforcement powers set out in § 51.62, the Hazardous and/or Low-Level Radioactive Waste Board may immediately prohibit the delivery of any waste material to the plant’s site while the bond is in a state of revocation and take such other action as may be necessary to enforce compliance with this section, including but not limited to recommending revocation of the permit and enjoining further operation during the violation.
(1996 Code, § 51.50) (Ord. passed 10-5-1987)