(A) In general. Pursuant to the power vested in the County Commissioners by G.S. §§ 153A-121 and 153A-123, the county through its responsible officers shall enforce the provisions of this chapter to ensure and safeguard the public health, safety, and welfare.
(B) Injunction. The county may seek injunctions in the appropriate court of competent jurisdiction, when the operation of a hazardous or low-level radioactive waste facility is, in the judgment of the Health Department, creating an imminent hazard to the health, safety, and welfare of the public. The county may also seek any appropriate equitable relief that it deems necessary to ensure the public health and welfare.
(C) Management practice enforcement. Any waste facility operator who, having received a final order from the County Commissioners to implement a management practice as described in § 51.61, fails to implement such a practice within the time prescribed, shall pay a management practices fee of 10% of the gross receipts accepted by such facility operator for such wastes as are covered by the order. The facility operator shall continue to pay such fee until such time as he or she can satisfactorily demonstrate to the Hazardous and/or Low-Level Radioactive Waste Board that the management practice in question has indeed been implemented.
(D) Permit revocation. For any facility operator who has committed a violation, as defined in § 51.99(A), or for whom the continued operation of the facility poses an unreasonable hazard to the health and welfare of the public, the Hazardous and/or Low- Level Radioactive Waste Board may publicly announce its intention to recommend revocation of its permit. The facility operator may request a hearing, and the Hazardous and/or Low-Level Radioactive Waste Board in mitigation, to demonstrate subsequent remedial action, and the like. If the Hazardous and/or Low-Level Radioactive Waste Board recommends that the permit be revoked, it shall so report to the Board of Commissioners in writing. Within ten days of the receipt of the recommendation, the County Commissioners shall hold a public hearing after which they shall continue or revoke the permit. The Board of Commissioners may continue the permit upon finding that:
(1) The facility operator has made a good- faith effort to comply with the permit and to remedy violations;
(2) Reinstatement of the permit would not endanger the public health and welfare; and
(3) The facility operator has proposed a plan to remedy any other hazardous conditions on the facility site as expeditiously as possible.
(1996 Code, § 51.62) (Ord. passed 10-5-1987)