No activity, situation, structure or land use shall be allowed within the watershed which poses a threat to water quality and the public health, safety and welfare. Conditions may arise from the absence or improper implementation of a spill containment plan for hazardous materials or any other situation found to pose a threat to water quality.
(A) Application of this SUP shall demonstrate that the proposed hazardous materials which are to be stored cannot pose a threat of contamination to the water supply.
(B) All spill containment structures and plans shall be designed by a North Carolina registered professional engineer or architect.
(C) (1) All spill containment structures shall be conditioned on the posting of adequate financial assurance for the purpose of maintenance, repairs or reconstruction necessary for adequate performance.
(2) Financial assurance shall be in the form of a security performance bond.
(3) The bond shall be in an amount equal to 1.25 times the total cost of the spill containment structure. (The total cost shall include the value of all materials; design and engineering; and grading, excavation, fill and the like. The costs shall not be prorated as part of a larger project, but rather under the assumption of an independent mobilization).
(D) The applicant shall enter into a binding operation and maintenance agreement between the Watershed Review Board and all interests in the development. The agreement shall require the owning entity to maintain, repair, and if necessary, reconstruct the spill containment structure in accordance with the operation and management plan or manual provided by the developer. The operation and maintenance agreement shall be filed with the Randolph County Register of Deeds by the Watershed Review Board.
(E) The spill containment structure shall be inspected by the Watershed Administrator, or his or her designated representative, after the owning entity notifies the Watershed Administrator that all work has been completed. At this inspection, the owning entity shall provide:
(1) A certification sealed by an engineer or architect stating that the spill containment structure is complete and consistent with the approved plans and specifications; and
(2) The Watershed Administrator shall approve the materials submitted by the developer and the inspection report.
(a) A watershed protection occupancy permit shall not be issued for any building within the permitted development until the spill containment structure and/or plan is approved.
(b) All spill containment structures shall be inspected at least on an annual basis to determine whether the controls are performing as designed and intended.
(c) In the event the Watershed Administrator discovers the need for corrective action or improvements, the Watershed Administrator shall notify the owning entity of the needed improvements and the date by which the corrective action is to be completed.
(d) All improvements shall be made consistent with the plans and specifications and the operation and maintenance plan or manual.
(e) After notification by the owning entity, the Watershed Administrator shall inspect and approve the completed improvements.
(1981 Code, § 841) (Ord. passed 6-28-2004)