Incineration Facilities in Harnett Co Regulations of Location,Operation&Mgm't Ordinance•- C)B k � t�� e
AN ORDINANCE FOR THE REGULATION OF THE LOCATION, OPERATION, AND
MANAGEMENT OF COMMERCIAL INCINERATION FACILITIES
IN HARNETT COUNTY, NORTH CAROLINA
WHEREAS, the Harnett County Board of County' Commissioners
finds it necessary and advisable to regulate the location and
management of commercial incineration facilities within the
jurisdiction of Harnett County in order to protect the health,
safety and welfare of 'its citizens and the peace and dignity of
the county; and,
WHEREAS, the safe handling, operation, and management of
incineration facilities is essential to the public health and
safety; and,
WHEREAS, when improperly handled, these incinerated wastes
pose a threat to water, land and air resources of the county, as
well as to the health and safety of its citizens; and,
WHEREAS, notice was duly given and a public hearing held on
the question of adoption of this Ordinance, and all objections
hereto being properly presented and considered;
NOW, THEREFORE, BE IT ORDAINED BY THE HARNETT COUNTY BOARD
OF COMMISSIONERS:
Section I. Title.
This Ordinance shall be known and may be cited as the
Harnett County Ordinance for the Regulation of the Location,
Operation, and Management of Commercial Incineration Facilities.
Section II. Purpose.
The purpose of this Ordinance is to:
A. Regulate the location, operation and management of
incineration facilities dealing with the storage, transfer,
treatment or disposal of waste within Harnett County where the
total incinerator capacity is greater than 250 pounds per hour.
B.. Assure that the best available management practices are
used in handling waste incineration.
C. Assure that operation of such facilities in Harnett
County pose no threat to the water, land, and air resources of
Harnett County.
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Section III. Application.
A permit applicant shall prepare and file an incineration
permit with the county commissioners. The permit application
shall include all related documents submitted to the United
States government and to the State of North Carolina.
A. An application shall contain the following information:
1. A description of the company, information on its
financial capability, and a detailed history of all its past
activities in the field of incineration, including a
synopsis of every other facility it has operated, and
including a detailed account of all past and pending
litigation, favorable and unfavorable. Include the record
of any subsidiary or parent corporation having an interest
greater than five percent of the outstanding shares of the
applicant corporation. Also include a list of all past and
present litigation, favorable and unfavorable, the
subsidiary or parent corporation has been involved in.
2. Evidence of liability insurance in the amount of
$1,000,000 for sudden and $10,000,000 for non - sudden
coverage. Evidence of $10,000,000 liability insurance to
run for ten years subsequent to closure to cover
post - closure costs.
3. A history of any claims against the company at any site,
including the record of any subsidiary or parent corporation
as defined above.
4. Justification for and anticipated benefits from the
project.
5. A description of the scope of the proposed project,
including an estimated schedule of how much and what kinds
of waste the facility would accept, where the material would
come from, what pretreatment will be required of wastes
unacceptable to the facility without such pretreatment, and
how long the facility is expected to operate.
6. Yearly site operation expenses and an estimate of the
costs for the lifetime of the project.
7. The proposed method of financing the project, including
development,; operation and closure stages.
8. Resumes of management personnel and the proposed number
of employees and types of positions, including information
on the training and experience required for each position,
and safety precautions undertaken for the protection of
personnel.
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9. The anticipated date to begin construction and a list of
the financial institutions which will be funding
construction.
10. The anticipated date operations are to begin.
11. A detailed estimate of the types and amounts of local
government services required by the operator in each year.
12. A description of emergency procedures and safety and
security precautions that will be in use at the facility.
(This information should include details on emergency
assistance and emergency medical treatment that will be
required from the area's medical facilities, Harnett County
Rescue Squads and community fire departments.)
13. A description of the environmental protection measures
to be taken by the applicant to prevent contamination in and
around the facility site and the description of planned
monitoring systems, with an estimated annual budget for each
of these items.
14. A description of environmental protection measures to be
used during transportation of materials to and from the
facility, with an estimated annual budget for these
arrangements and an estimate of the volume of material to be
transported during each year of operation.
15. A description of the site closure plan for the facility
and the anticipated date of closure.
16. A description of anticipated need for post - closure care.
B. A map or other written material attached to the
application shall include but not be limited to the following
information:
1. ownership.
a. Name, address and telephone number of legal owner of
the subject property.
b. Name, address and telephone number of professional
persons responsible for plat or survey.
c. Description of any existing rights -of -way or
easements affecting the property.
d. Reference to any existing restrictive covenants on
the property.
2. Description: Location of property by any tax map
description and any parcel identification number. This
description of the subject property should include a
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reference to the deed book and page and any other evidence
of title the current property owner may have.
3. Features: Each map shall contain the following
information and meet the below set forth criteria:
a. Drawn to a scale of not less than 200 feet to the
inch.
b. Location sketch map showing relationship of the
project to the surrounding area.
C. Graphic scale, date, North arrow, and legend.
d. Location of property with respect to surrounding
property and roads, and the names and addresses of adjacent
property owners according to county tax records.
e. Zoning classification of proposed project and
adjacent property.
f. The location of all boundary lines of the property.
g. The total acreage of land in the project.
h. The location of existing and /or platted streets,
easements, buildings, railroads, cemeteries, bridges,
sewers, water mains, culverts, wells and gas and electric
transmission lines.
i. The location of water bodies, water courses,
groundwater aquifiers, springs and other pertinent features.
j. The location, dimensions, and acreage of all
property proposed to be set aside for various uses on the
applicant's property.
k. The location of all test wells and /or borings.
1. The location of the 500 and 100 year flood plain,
and records of flood, including inundation due to dam break.
m. The location of historic properties and gravesites,
including any plans for relocation of graves and properties
having historical significance.
4. Geological Map: A map showing location of faults,
dikes, sills and other pertinent geologic features including
bedrock type and strike and dip of any mappable bedding; the
depth and degree of weathering (saprolite); identification
and location of clay as to thickness, type and permeability;
and location of the water table as to approximate depth,
gradient and surface configuration.
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5. Topographic -Map: A topographic map with contours at
vertical intervals of not more than five feet at the same
scale as the project site map shall be included. Date,
method.of preparation and preparer of said survey shall be
stated.
6. Transportation Route Map: A map showing proposed
transportation routes to and from the facility site,
including location of towns and emergency and safety
facilities. Include an estimate of the volume of material
to travel on each route.
C. The application shall address the following factors with
regard to, but not limited to, on -site storage and /or disposal:
1. Contaminant flow to water table including leachate
monitoring, collecting and withdrawal systems; clay and
synthetic liners (extra thickness, multiple liners); spill
prevention and containment measures.
2. Contaminant movement with groundwater, including
groundwater monitoring systems at the site and in
potentially affected area; subsurface "slurry wall"
barriers' control and other groundwater withdrawals in the
area.
3. Predictability of contaminate movement, based on
preconstructed borings and groundwater modelling.
4. Potential effect on surface waters; planned collection
systems for surface water run -off; planned exclusion systems
for surface water run -on.
5. Potential effect on aquifiers; planned provisions for
alternate water supply systems and facilities for immediate
pumping and treatment of contaminated water.
6. Potential effect on public water supply; planned run -off
collection and treatment and provisions for alternate supply
systems.
7. Possibility of site flooding; planned special facility
design, special control dikes, and buffer zone setback in
area of standard project flood area.
8. Potential human exposure to treated waste water,
including planned safety procedures, clothing, instruction,
and practice for employees; planned oversized or redundant
treatment capacity, effluent monitoring and automatic
shutdown systems.
9. With respect to incineration, the nature and
predictability of pollution movement, including planned
stack height for incinerators with continuous stack and
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plume monitoring and recording, until emission levels are
predictable; planned segregation of incompatible wastes.
Section IV. Application and Processing Fees.
The Board of County Commissioners shall require a permit
application fee in the amount of $100,000 to reimburse the County
for the costs of any needed professional assistance that may be
required to evaluate the permit application and amendments,
verify its contents and evaluate the impact of such a permit on
the community, public health and environment. This assistance
may include, but shall not be limited to the assistance of
lawyers, biologists, geologists, engineers, chemists,
hydrologists, emergency response, transportation and public
health experts, land appraisers and professional testing
laboratories. Funds not so expended in the legitimate review of
the permit application shall be returned to the applicant. Such
fee shall be submitted with the application to which it relates
by certified check which is payable to the County of Harnett.
Section V. Application Procedure.
A. The permit applicant shall submit to the Board of County
Commissioners twelve copies of all information required by
federal and state agencies for the facility for which it requests
a county permit at the time such information is submitted to the
state and federal governments. The review procedure shall not
begin nor shall the application be designated as complete until
such time as all required data are submitted and the appropriate
fees are paid.
B. A designee of the Board of County Commissioners shall
compile copies of all reports, applications, minutes of the
Environmental Affairs Board meetings, reports by consultants and
similar materials. These shall be placed in one location with
free access by the public and availability of copying any portion
or all of any document at cost.
C. Within 45 days of the submission of the application, the
Commissioners' designee shall hold a public hearing so that the
applicant can present its plans to the Environmental Affairs
Board and answer questions regarding the same.
D. After the hearing, the Commissioners' designee, after
consultation with the Environmental Affairs Board, shall have 60
days in which to determine if the application is complete and
shall mail notice of its determination to the applicant. If it
is not complete, the applicant will have six months to complete
the application. However, the applicant may at the end of six
months make a showing of cause to the Board of County
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Commissioners and if the Board finds that the delay is justified
and in good faith, it may grant the applicant an extension of not
more than three months.
E. Each application shall require an analysis conducted by
the county staff and a consultant or consultants selected by the
Board of County Commissioners upon the recommendation of the
Environmental Affairs Board. The analysis shall be completed
within 90 days from the day the application is determined to be
complete. In certain instances where the complexity of the
application requires more than the usual 90 days, the county
staff and /or consultant may request an additional 60 days from
the county commissioners and the proponent has the option of
requesting the Board of County Commissioners to extend the
analysis period to allow time for responding to staff and /or
consultant request for additional information on a completed
application.
F. The Commissioners' designee and each consultant shall
make reports on the application to the Environmental Affairs
Board at its meetings.
G. The Environmental Affairs Board shall call a public
meeting for public comment on the completed application along
with the analysis of county staff and consultants. The purpose
of this meeting shall be for public review of the application.
The staff shall give notice by regular mail of the time and place
of the public meeting to the owner and adjacent property owners
as specified on the above referenced map. Said notice shall be
mailed not less than 14 days prior to the date specified thereon.
Notice of a public meeting shall be posted by the applicant on
the proposed facility property on each and every street or
highway of access to the subject property not less than 14 days
prior to the date specified thereon. Said posted notices shall
be at intervals of not greater than 1500 feet. Notice shall also
be placed by the applicant in the county newspaper not less than
14 days prior to the dates specified thereon.
H. Within 45 days after receipt of the final analysis,
completed application and public comment, the Environmental
Affairs Board shall make a recommendation to the Board of County
Commissioners at a public meeting whether to accept the
application, deny it, or accept it with modifications. This
recommendation shall be made to the full Board of County
Commissioners; however, before making a recommendation to the
county commissioners to accept the proposal or accept it with
modifications, the Environmental Affairs Board shall make the
following determinations:
1. That the construction and operation of the facility will
not pose an unreasonable health or environmental risk to the
surrounding locality.
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2. That the applicant (or facility operator) has the
capability, and financial resources to construct, operate
and maintain the facility.
3. That the applicant or operator has taken or consented in
writing to take any and all reasonable measures to comply
with applicable federal, state and local regulations and
ordinances.
4. That the applicant's plan represents the best available
technology for handling the waste for which the applicant
will be permitted and that the applicant has demonstrated
that it will employ the best management practices in
handling the waste at the proposed facility.
I. At its next scheduled meeting, or at such meeting
thereafter as might be designated by the Board, the Board of
County Commissioners shall make its decision to grant the permit,
deny it, or grant it with specified conditions.
J. A permit shall be valid for no more than 18 months from
the date it is granted by the Board of County Commissioners
unless the applicant begins construction of the facility prior to
the expiration of the permit, thereafter forthwith completes such
construction, and operates the facility in accordance with all
specified conditions. 'If a permit becomes invalid and the
application is unchanged from when the permit was granted, it
shall follow the procedure of Section V and the filing fee of
Section IV.
Section VI. Privilege License Tax.
A privilege license tax will be required and paid annually
in conformity with North Carolina General Statute section
153A- 152.1. The privilege license tax will be the amount of the
costs incurred by Harnett County annually to monitor the facility
to ensure compliance with the regulations contained herein and
the amount necessary to prepare Harnett County to respond to
emergencies which may result from any event caused by the
facility. This fee will be calculated during the application fee
process and updated annually.
Section VII. Control of Emissions.
A. Emissions from all incinerators at a plant site where
the total incinerator capacity is greater than 250 pounds per
hour shall not cause any of the following ambient levels in
milligrams per cubic meter at 77 degrees Fahrenheit and 29.92
inches of mercury (except for asbestos) to be exceeded beyond the
premises:
D
24 hour
1 hour
15 minute
Acute
Annual
Chronic
Systemic
Acute
No.
Emission Carcinogens
Toxicants
Toxicants
Irritants
1
acetaldehyde
27
2
acetic acid
3.7
3
acrolein
0.08
4
ammonia
2.7
5
aniline
1
6
arsenic &compounds
2.3x10 -7
7
asbestos
2.8x10 -11
fibers /ml
8
aziridine
0.006
9
benzidine & salts
1.5x10 -8
10
benzo(a)pyrene
3.3x10 -5
11
benzyl chloride
0.5
12
beryllium
4.1x10 -6
13
beryllium chloride
4.1x10 -6
14
beryllium flouride
4.1x10 -6
15
beryllium nitrate
4.1x10 -6
16
bis- chloromethyl
ether
3.7x10 -7
17
bromide
0.2
18
cadmium
5.5x10 -6
19
cadmium acetate
5.5x10 -6
20
cadmium bromide
5.5x10 -6
21
carbon disulfide
0.186
22
chlorine
0.0375
0.9
23
chlorobenzene
2.2
24
chloroprene
0.44
3.5
25
cresol
2.2
26
p- dichlorobenzene
66
27
dichlorodifluoromethane
248
28
dichlorofluoromethane
0.5
29
di(2- ethylhexyl)
phthalate
0.03
30
dimethyl sulfate
0.003
31
1,4- dioxane
0.56
32
epichlorohydrin
8.3x10 -2
33
ethyl acetate
140
34
ethylenediamine
0.3
2.5
35
ethylene dibromide
4.0x10 -4
36
ethylene
dichloride
3.8x10 -3
37
ethylene glycol
monoethyl ether
0.12
1.9
38
ethyl mercaptan
0.1
39
fluorides
0.016
0.25
40
formaldehyde
0.15
41
hexachlorocyclo -
pentadiene
0.0006
0.01
42
hexachlorodibenzo-
10
p- dioxin 7.6x10 -8
43
n- hexane
1.1
44
hexane isomers
except n- hexane
360
45
hydrazine
0.0006
46
hydrogen chloride
0.7
47
hydrogen cyanide
0.14
1.1
48
hydrogen fluoride
0.03
0.25
49
hydrogen sulfide
2.1
50
maleic anhydride
0.012
0.1
51
manganese & compounds
0.031
52
manganese cyclopentadienyl
tricarbonyl
0.0006
53
manganese tetroxide
0.0062
54
mercury, alkyl
0.00006
55
mercury, aryl and
inorganic compounds
0.0006
56
mercury, vapor
0.0006
57
methyl chloroform
12
245
58
methyl ethyl ketone
3.7
88.5
59
methyl isobutyl ketone
2.56
30
60
methyl mercaptan
0.05
61
nickel metal
6.0x10 -3
62
nickel carbonyl
6.0x10 -4
63
nickel subsulfide 2.1x10 -6
64
nickel, soluble
compounds as nickel
6.0x10 -4
65
nitric acid
1
66
nitrobenzene
0.06
0.5
67
N- nitrosodi-
methylamine 5.0x10 -5
68
pentachlorophenol
0.003
0.025
69
phenol
0.95
70
phosgene
0.0025
71
phosphine
0.13
72
polychlorinated
biphenyls 8.3x10 -5
73
styrene
1.34
42.5
74
sulfuric acid
0.012
0.1
75
1.1.1.2-tetrachloro-
2.2-difluoroethane
52
76
1.1.2.2-tetrachloro-
1.2- difluoroethane
52
77
1.1.1.2-tetrachloro-
ethane 6.3x10 -3
78
toluene
4.7
56
79
toluene -
2.4-diisocyanate
0.0005
0.015
80
trichlorofluoro -
methane
560
81
1.1.2-trichloro-
1.2.2- trifluoroethane
950
82
vinyl chloride 3.8x10 -4
83
vinylidene chloride
0.12
10
85 xylene 2.7 65
B. After December 1, 1990 emissions from all incinerators at
a plant site where the total incinerator capacity is greater than
250 pounds per hour shall not cause any of the following ambient
levels in milligrams per cubic meter at 77 degrees Fahrenheit and
29.92 inches of mercury to be exceeded beyond the premises:
1
acrylonitrile
1.5x10 -4
2
ammonium chromate
8.3x10 -8
3
ammonium dichromate
8.3x10 -8
4
benzene
1.2x10 -4
5
1.3- butadiene
1.7x10 -4
6
calcium chromate
8.3x10 -8
7
carbon tetrachloride
6.7x10 -3
8
chloroform
4.3x10 -3
9
chromic acid
8.3x10 -8
10
chromium (IV)
8.3x10 -8
11
ethylene oxide
2.7x10 -5
12
lithium chromate
8.3x10 -8
13
methylene chloride
2.4x10 -2
14
perchloroethylene
1.9x10 -1
15
potassium chromate
8.3x10 -8
16
potassium dichromate
8.3x10 -8
17
sodium chromate
8.3x10 -8
18
sodium dichromate
8.3x10 -8
19
strontium chromate
8.3x10 -8
20
tetrachlorodibenzo-
p- dioxin
3.0x10 -9
21
trichloroethylene
5.9x10 -2
C. Ambient air concentrations shall be determined by using
appropriate Environmental Protection Agency dispersion modeling
procedures or other methods specified by the director. Ambient
air concentrations are to be evaluated for an annual period over
a calendar year, 24 -hour periods from midnight to midnight, for
one -hour periods beginning on the hour, and for 15- minute periods
beginning on the hour of 15, 30, or 45 minutes after the hour.
The identification of each toxic air pollutant emitted and its
corresponding emission rate shall be determined using mass
balancing analysis, source testing, or other methods acceptable
to the director.
D. For incinerators at a plant site where the total
incinerator capacity is greater than 250 pounds per hour, the
emissions of:
1. hydrogen chloride shall not exceed four pounds per hour
unless the emission is reduced by at least 99 percent by weight;
and,
2. mercury shall not exceed seven pounds per 24 -hour
period.
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E. Any violation of these emission levels will involve a
fine of $100 /pollutant /day over specified level.
Section VIII. Severability.
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason invalid or
unconstitutional as determined by any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance.
Section IX. Effective Date.
This ordinance shall be effective from the date of its
passage, February S. , 1990
ATTEST:
Vanessa W. Youn
Clerk to the Bo rd
HARNETT COUNTY BOARD OF
COMMISSIONERS
Lldyd 9. Stewart, Chairman
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