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Pursuant to the state environmental policy act, the board of commissioners adopts this article establishing a county policy to encourage the wise and safe use of the county's natural resources; to encourage public and governmental awareness of the environment, particularly concerning hazardous waste management; and to require full disclosure by all operators of hazardous waste facility component operators regarding the environmental impact of their activities. The intent of this article is to provide a mechanism for full disclosure of anticipated impacts of hazardous waste management facilities and to make such information available to the citizens of the county in a timely manner. It is the intent of this article to provide such information at such an appropriate time and in such manner so as to enable the information so generated to have a reasonable and meaningful impact into all aspects of the operation of any hazardous waste management facility. More specifically, it is the intent of this article to require the preparation and evaluation of environmental impact statements (EIS) for any and all hazardous waste management facilities, or components thereof.
(Ord. of 12-3-1990, § 1)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Completed EA means an environmental assessment that has been accepted by the county planning department as technically acceptable for purposes of this article.
Completed EIS means an environmental impact statement that has been accepted by the county planning department as technically acceptable for the purpose of being transmitted to the state clearinghouse or for being reviewed for adequacy by the county planning department.
County planning department and planning department mean the county planning department.
EA means an environmental assessment.
EIS means an environmental impact statement.
Environmental document means an EA, EIS or FONSI, or all of them.
FONSI means a finding of no significant environmental impact.
Hazardous material means any substance or material that poses an unreasonable risk to the health, safety and/or welfare of the public and all properties. Materials could include, but are not limited to, any element, compound or combination thereof which is flammable, corrosive, etc., that may have a detrimental affect on both operating and emergency personnel, the public, equipment, and/or the environment.
Special-purpose unit of government includes any special district or public authority.
State agency includes every department, agency, institution, public authority, board, commission, bureau, division, council, member of council of state, or officer of the state government.
(Ord. of 9-4-1990, § 4; Ord. of 12-3-1990, § 7)
Cross reference—Definitions generally, § 1-2.
Pursuant to the provisions of G.S. 153A-123(d) and (3), the county shall be entitled to an injunction or other appropriate equitable remedy to restrain any violation of this article or to require compliance with any provision of this article.
(Ord. of 12-3-1990, § 6)
The following charges shall apply for the control and elimination of hazardous material under this article:
(1) EMS. The charge for EMS service shall include, but not be limited to, trips, mileage, waiting charges, cardiac monitoring, IV, splinting, mast trousers, oxygen, cardiac arrest, and etc.
(2) EMA. The emergency management agency shall have authority to make a charge for travel and supervision associated with hazardous material cleanup. Charges could include, but are not limited to, highway spills, unlawful hazardous dump cleanup, etc. Charges for materials used in cleanup such as absorbent, containment materials, and etc., shall be at the actual replacement cost.
(3) Fire service. The charge for fire service shall include, but not be limited to, fire suppression, wash-down, rescue, standby, water, or other actions necessary to neutralize the hazard.
(Ord. of 9-4-1990, § 2)
(a) This article shall apply to all hazardous waste management facilities including, but not necessarily limited to, any hazardous waste incinerator, solvent recovery facility, landfill, longterm storage or other hazardous waste disposal facility and shall include all hazardous waste facilities as defined by G.S. 130B-2(b)(1) and all hazardous waste management units as defined by 10 NCAC § 10F.0002 and 40 CFR 260.10(63), as well as all components thereof.
(b) This article shall apply to all hazardous waste management facilities whether the operator is a private person or a government entity.
(Ord. of 12-3-1990, § 2.1)
(a) Environmental assessments.
(1) Any person required under this article to submit an environmental impact statement may first submit an environmental assessment (EA). The environmental assessment shall consist of a document supplied to the county to address questions of environmental concerns to the county and shall be completed by the operator of the facility. The county may, upon review of the EA, choose to relieve an operator of its obligation to draft an EIS by delivering to the operator of the facility and finding of no significant impact (FONSI).
(2) The submittal of an EA in no way relieves an operator of a facility of any obligations he may have to file an EIS except upon written notification of a finding of no significant impact by the county.
(b) Review of environmental assessment.
(1) The environmental assessment may be submitted prior to the submittal of an environmental impact statement.
(2) The county shall review the EA for completeness within five calendar days of the date of submittal. If the EA is found to be incomplete, it will be returned to the applicant with notification of its deficiencies.
(3) If accepted as complete, the EA will be reviewed by the county and will be distributed to appropriate departments or agencies within the county for review and comment.
(4) Final action on the EA shall occur within 14 days from the date of acceptance or such longer time as agreed upon in writing. If the EA reveals no significant environmental impacts, the county shall issue a finding of no significant impact (FONSI). If significant impacts are identified, then the county shall so notify the operator of the facility and require that an EIS be prepared.
(5) The filing of an EA with the county shall not relieve a person from any required deadline set out in this article for the submittal of an EIS except upon receipt of a FONSI by the county.
(Ord. of 12-3-1990, § 3)
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