All persons who shall own, lease, or have possession of any property upon which petroleum-contaminated soil is located, or who have any interest in the property, or who shall be the agent, employee, or contractor of any such person, shall, prior to the engaging in the treatment or disposal technique known as land farming:
(A) Comply with all provisions of G.S. Chapter 143, Article 21A, as amended, and other applicable rules and regulations promulgated thereunder as they now exist and are hereafter amended;
(B) Comply with the provisions of all permits that may be issued by the state allowing disposal of petroleum-contaminated soils;
(C) Comply with all federal statutes, laws, rules, and regulations applicable to the disposal or remediation of petroleum-contaminated soils;
(D) Satisfy the County Health Department that they have so complied with the federal and state laws, rules, and regulations by submitting to the County Health Department the test results and data as it may require for determination that the materials proposed for land farming are suitable for the treatment technique and that the technique used has complied with all the federal and state laws, rules, and regulations;
(E) Submit to the County Health Department a sworn statement from an approved testing laboratory that the soil proposed for land farming is appropriate for that purpose as defined by the state regulations;
(F) Submit written acknowledgment from the State Department of Natural and Human Resources that the petroleum-contaminated soils have been determined to be nonhazardous and are appropriate for treatment by land farming;
(G) Certify to the County Health Department that the soil to be disposed of shall not be deposited in any form or fashion closer than:
(1) One hundred feet from any public or private water supply including wells;
(2) Two hundred feet from any stream, lake, river, or natural drainageway;
(3) One hundred feet from any property line; and/or
(4) Five hundred feet from any residence, school, hospital, playground, or recreational park area.
(H) Submit authorization to the County Health Department authorizing its agents and employees to go upon the property to make any investigation necessary to determine compliance.
(I) Penalties. Any person found to be in violation of this subchapter shall be guilty of a Class 3 misdemeanor and may also be subject to additional penalties and fines pursuant to North Carolina General Statutes.
(Ord. passed - -; Ord. passed 3-21-2022)