Hazardous Materials & Substances OrdinanceA RESOLUTION OF THE COUNTY OF HARNETT, NORTH CAROLINA,
ADOPTING AN ORDINANCE ENTITLED
"HAZARDOUS MATERIALS AND SUBSTANCES ORDINANCE OF
HARNETT COUNTY, NORTH CAROLINA"
THAT WHEREAS, the North Carolina General Assembly, pursuant
to N.C.G.S. 143 - 215.82 and other relevant provisions of law, has
given counties local authority in the prevention and control of
oil and other hazardous substances discharged into sewers or
disposal systems; and
WHEREAS, pursuant to N.C.G.S. 153A -140 and other relevant
provisions of law, counties have the authority to remove, abate
or remedy a condition dangerous or prejudicial to the public
health or public safety and enforce payment of the costs of so
doing; and
WHEREAS, at the present time the State of North Carolina
and its various departments do not have the ability to reimburse
the County of Harnett for certain costs involved in the abatement
and removal of hazardous materials which are emitted into the
environment:
THEREFORE, BE IT RESOLVED AND ORDAINED that an ordinance entitled
"Hazardous Material and Substance Abatement Ordinance of Harnett
County, North Carolina" is hereby adopted to read as follows:
HAZARDOUS MATERIAL AND SUBSTANCE ABATEMENT ORDINANCE OF
HARNETT COUNTY, NORTH CAROLINA
Sec. 1. Purpose and Authority. The District Fire Chief of
any fire department providing fire protection services
within any duly established.fire protection district or
special service district within Harnett County, or his
designee, shall have the authority to summarily abate,
remedy or remove any threat from hazardous materials which
are emitted into the environment in such a manner as to
endanger the health or safety of the general public or the
environment. Any such District Fire Chief or his designee
shall have the authority to enter public or private
property, with or without the owner's consent, to respond
to such hazardous materials threats and emergencies. Such
District Fire Chief or his designee shall determine the
type, amount and quantity of equipment, materials and
personnel required to adequately abate and remedy any and
all threats from hazardous materials which are emitted into
the environment.
Sec. 2. Definitions.
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(a) Hazardous Materials. Any substance which, when
discharged in any quantity, may present an eminent and
substantial danger to the public health or welfare or
to the environment.
(b) Having Control Over. Shall mean, but not be
limited to, any person using, transferring, storing or
releasing hazardous materials on to lands or into the
air or waters within the County of Harnett.
(c) Hazardous Material Response. The sending of
equipment, materials or personnel of or by any Fire
Department to abate or remove hazardous materials
which endanger the health or safety of persons or the
environment.
(d) Person. Includes individuals, firms,
partnerships, associations, institutions,
corporations, local governments and governmental
agencies.
Sec. 3. Responsibility; Fees and Charges. Any property
owner and or the persons) exercising control over
hazardous materials that create a hazardous materials
threat or emergency shall be financially liable to the
District Fire Department and any other entity incurring
costs and expenses at the request or direction of or in aid
to such District Fire Department for any and all costs and
expenses incurred during or in connection with any such
threat or emergency. Said property owner and /or the
person(s) exercising control over such hazardous materials
shall assist such District Fire Department in abatement,
removal and remedial measures associated with any such
hazardous materials threat or emergency. Assistance shall
consist of but not be limited to any or all of the
following:
(a) Compliance with the directions of the District
Fire Department.
(b) Supplying emergency response plan information for
the subject site.
(c) Supplying emergency response equipment, personnel
and materials available on site.
Sec. 4. All charges for any hazardous materials emergency
response on behalf of the County of Harnett or by any
District Fire Department shall be based upon a schedule to
be approved by the County Manager which shall be kept on
file for public inspection in the office of the Chief of
each District Fire Department within the County of Harnett.
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Sec. 5. Payment of Charges. (a) Any charge assessed
pursuant to.any provision of this ordinance which does not
exceed $300.00, shall be,payable within thirty (30) days of
the assessment thereof by the Chief of the District Fire
Department in question, or his designee, which assessment
shall be in writing and delivered to the responsible party
as above set forth by personal delivery, or by certified
mail. Any charge in excess of $300.00 for a violation of
this ordinance, shall be payable within a period of time as
determined by the Chief of the District Fire Department,in
question, subject to the approval of the Harnett County
Manager; provided that if the responsible party as above
determined is not agreeable to such time period, the
responsible party shall have ten days to appeal the
decision of said District Fire Chief to the Harnett County
Board of Commissioners in writing, whereupon the matter
will be placed on the agenda for the next regular meeting
of such Board for a decision, which decision by the Board
of Commissioners shall be final.
(b) Any charge assessed under the terms of this ordinance
but not paid within the required time period shall be a
lien upon the lands or premises where abatement of the
subject hazardous materials threat or remedial action took
place, and shall be collected as unpaid taxes pursuant to
the authority of N.C.G.S. 153A -1401 Chapter 105 of the
North Carolina General Statutes, and other applicable
provisions of law.
The provisions of this ordinance shall be effective upon
its adoption, and said ordinance shall become and be made part of
the Code of Ordinances of Harnett County, North Carolina, and the
sections of this ordinance may be renumbered to accomplish such.
Duly adopted this 20th day of May , 1991.
HARNETT COUNTY BOARD OF COMMISSIONERS
By:�
lO 3 G. Stewart, Chairman
Attest:
S
Vanessa W. Youn CYe
teal of the County of Harnett