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The Chairperson, in his or her discretion, may invoke the restrictions authorized by this chapter in separate proclamations and may amend any proclamation by means of a superseding proclamation.
(1984 Code, § 2-5-45) (Ord. passed 1-5-1981; Ord. passed 10-1-1990)
In case of the absence or disability of the Chairperson, the Vice-Chairperson of the Board of Commissioners, or the other person as may be designated by the Board of Commissioners, shall have and exercise all of the powers herein given the Chairperson.
(1984 Code, § 2-5-46) (Ord. passed 1-5-19; Ord. passed 10-1-1990)
Any person violating any prohibition or restriction imposed by a proclamation authorized by this chapter shall be guilty of a misdemeanor.
(1984 Code, § 2-5-37) (Ord. passed 1-5-1981; Ord. passed 10-1-1990) Penalty, see § 70.99
If any section, subsection, sentence, clause or phrase of this subchapter is for any reason held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this subchapter.
(1984 Code, § 2-5-49) (Ord. passed 10-1-1990)
HAZARDOUS MATERIALS
(A) Generally. Effective 1-1-1992, as amended affective August 16, 2010, all commercial enterprises or industries in the county which use, store or manufacture on-site hazardous materials that must be reported with regulated materials under Title III of the Federal Superfund Amendments and Reauthorization Act (SARA), 42 USC 11001 et seq., Clean Air Act Amendment 112 (r) and G.S. § 95.173, and the regulations promulgated thereunder, must have an approved on-site hazardous materials data storage box at each facility where hazardous materials may be found. This requirement shall ensure consistency at all facilities storing hazardous materials so that responders can quickly locate, access, and utilize information located in the data storage box.
(B) Contents, types and location.
(1) This data storage box may contain keys providing access to all secured areas of the facility and may also serve as the required facility key box required by state and local fire codes. The data storage box shall contain current, specific information needed to assist fire departments and hazardous materials teams responding to emergencies at the facility. This information includes but is not limited to, facility maps or plans showing the type and location of hazardous materials, Tier II forms, lists of chemicals with Chemical Abstracts Service (CAS) numbers that are required to be reported on Tier II forms, 24-hour emergency telephone numbers for essential facility employees and other persons to be contacted in case of emergencies.
(2) The data storage box shall contain the Site Specific Hazardous Chemical Plan/Hazardous Materials Management Plan, specifically in the Wake County format. This form shall be updated annually, or more often as necessary, to ensure accuracy.
(3) The data storage box itself shall be of the type designated and approved by the Wake County Local Emergency Planning Committee and shall be located at the primary vehicular entrance, outside any security fence that may be surrounding the facility and visible and accessible to emergency responders. If the facility staffs a security control checkpoint, the data storage box may be located at the security checkpoint, but located outside any surrounding security fence and shall be visible and accessible to all emergency responders. The data storage box may be mounted to a post or other stand alone structure, so long as the above criteria are met. The data storage box may be mounted to a structure that is located outside of the secured perimeter, but shall not be mounted to the exterior of the facility or inside the facility housing the hazardous materials.
(4) Facilities may apply for site specific variance for the location of the Hazardous Materials Data Storage Box to Wake County Emergency Management. It is at the discretion of Wake County Emergency Management whether to approve or deny the request. If approved, Wake County Emergency Management will notify First Responders as to its location.
(1984 Code, § 2-5-1) (Ord. passed 3-4-1991; Am. Ord. passed 8-16-2010)
Penalty, see § 70.99
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