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060419841 42:S HARNETT COUNTY BOARD OF COMMISSIONERS MEETING, JUNE 4, 1984 CALL TO ORDER PRAYER MINUTES APPROVED DOT PETITION FOR STREETS IN AND. CRK. HOMES SUBDIVISION H RECOGNITION OF "BONECRUSHER" H SMITH RESOLUTION REGARD - ING SUPPORTING AMERICAN -MADE PRODUCTS The Harnett County Board of Commissioners met in regular session on Monday, June 4, 1984, in the Commissioners Room, County Office Building, Lillington, North Carolina, with the following members present: M. H. Brock, Lloyd G. Stewart, Bill Shaw, Rudy Collins, and Chairman Jesse Alphin presiding. Vanessa W. Young, Clerk to the Board, and Robert Morgan, County, were also present. Chairman Jesse Alphin called the meeting to order at 9:20 a.m. Commissioner Bill Shaw led the morning prayer. The minutes from the Harnett County Board of were approved as read. Ray Stone, Highway Maintenance Engineer with Transportation, appeared before the Board to Harnett County. Commissioners meeting of May 21, 1984, the North Carolina Department of discuss road matters and situations in Commissioner Shaw informed the Board that he has received a petition signed by approximately 40 persons requesting that Ivey Street, Haire Street, and Archie Street located in Anderson Creek Homes in Anderson Creek Township be added to the State System for Maintenance. Mr. Shaw explained that when the Streets in this subdivision were constructed, they were not constructed to meet State requirements. Now before the streets can be added to the State System, they have to be brought up to State specifications. Mr. Shaw explained further that since these streets are not State maintained, the school buses will not travel in this subdivision to pick up the children. All the children have to walk to the Secondary Road. Mr. Shaw explained further that he has contacted Harrington Morrison with the Board of Education to see what could be done in order for the bus to travel these streets. Mr. Morrison, in turn, asked officials from Raleigh to come and review this situation. After review- ing this matter, they informed Mr. Morrison that in order for the buses to travel on these streets, (1) all the residents would have to sign a letter stating that the buses can travel into the subdivision; (2) the residents will have to keep the streets in good condition; and (3) the residents will not hold the Board of Education responsible for the condition of the road. Mr. McDowell on behalf of the residents in Anderson Creek Homes, appeared before the Board and requested that these streets be added to the State System. Commissioner Shaw made a motion that the Board request the Department of Transportation to approve this petition; Commissioner Collins seconded the motion and it carried. Chairman Jesse Alphin welcomed to the Board meeting James "Bonecrusher" Smith, Boxing Champion, Heavyweight Division and his friends and family. Chairman Alphin then turned the meeting over to Mr. Shaw to honor Mr. Smith. Mr. Shaw after giving a brief summary of James "Bonecrusher" Smith's boxing history, presented him with a plaque from the Harnett County Board of Commissioners in recognition of his outstanding achievemnets in boxing. Mr. Smith expressed his appreciation to the Commissioners and to all those present for their support of him. Commissioner Brock moved for the adoption of the following resolution supporting the Textile - Apparel -Fiber industries' "Crafted With Pride in America" effort; Commis- sioner Stewart seconded the motion and it carried with a unanimous vote. A RESOLUTION WHEREAS, the textile and apparel_ industries contribute substantially to the entire national economy, and more particularly to the economy of our local community, and WHEREAS, employees of these industries have exemplified the highest standards of productivity, efficiency and citizenship; and WHEREAS, 2,737 people in Harnett County depend upon these industries for their livelihood; and WHEREAS, these American industries have been adversely affected in recent years by the growing volume of imports of textile and apparel products from foreign countries; and WHEREAS, this growth of foreign imports has contributed substantially to the elimination of some 700,000 American textile and apparel jobs, plus causing an adverse effect upon supporting industries such as fiber companies, textile machinery manufacturers, textile chemical manufacturers, financial institutions, utilities, trucking and other native industries which also contribute substantially to our economic well being; and WHEREAS, little has been done at the national level to bring about a reasonable balance between foreign imports and the normal growth of the native industries, witnessed by the fact that textile /apparel imports have increased 50 percent since the first of 1984 over the same period a year ago; and 424; HEALTH DEPT TO CHARGE FEE FOR WATER SAMPLES REAPPOINTMENT OF ROBERT - SURLES TO METRO BOARD PUBLIC. HEARING ON HAZARD. WASTE ORDINANCE WHEREAS, there:is a serious need for public awareness of the economic impact, and a need for action at the state and national. level to bring about a reasonable solution; BE IT THEREFORE RESOLVED, that-the County-of Harnett hereby expresses its support of the textile/ apparel /fiber industries'; "Crafted With Pride in America "' Buy American effort, that citizens of our community take notice of this serious problem, and that we hereby make this document apart of .the record of this official body. This the 4th 'day .of June, 1984. HARNETT COUNTY BOARD OF COMM SSIONERS . /. IP Cha eman i Mr. Henry Thompson,' of the Harnett 'ounty Health Department, appeared befo the Board and requested that the Health Dep tment be authorized to start charging a fee of $8.00 for water, samples. He expl . ned that the Northeast Metropolitan Water District is currently charging his Department $5.00 per sample. Mr. Thompson stated further that the Board of Health at its meeting of April 11,.-1984, approved a motion to begin collecting fees for water samples and recommended a fee of $8.00 per sample. :'Following ' a -- discussion, Commissioner Stewart 'made a motion that the Health-Department be and it is hereby authorized to start charging a fee of $8.00 per water sample and that persons who are having a water sample taken as a medical- necessity be exempted from this fee; Commissioner; Collins seconded the motion and passed with aunanimous: vote. Commissioner Shaw made a motion that the Board adopt the following resolution reappointing - Robert Surles to the 'Northeast Metropolitan Water District Board; Commissioner Stewart seconded the motion and it carried with a unanimous vote:: R E S O L U T I 0 N °WHEREAS, Chapter 162A; Article 4, as amended, provides-that 'the Board of Commissioners shall appoint three board members of a duly created Metropolitan Water District; and WHEREAS, the term of Robert Surles expired on April 14, 1984, NOW, THEREFORE, be it resolved by the Board of Commissoners for the County of Harnett that Robert Surles be and he is hereby reappointed to the District Board for a term expiring April' 14, 1987. Chairman Jesse Alphin adjourned the regular meeting of the Board to hold a public hearing on an ordinance for Harnett. County entitled, "Hazardous Waste and Low -Level Radioactive Waste Management Ordinance ". Chairman Jesse Alphin. called the Public Hearing to order at-10th a.m. Dwight Snow - representing the County - Attorney's office gave a brief history of the ordinance and stated that the main purpose of the ordinance is to have control on the local level of any company that might want to come: in or on any existing companies which deal with hazardous waste or low level radioactive waste. He contin- ued to explain that the County being somewhat concerned on the effect this ordinance might have on existing industry in the county, mailed out to all the industries a sample letter summarizing the ordinance. M. H. Brock explained that as a result of the letter sent out to the industries, the people from Morganite came in to the office and got a copy of the Ordinance. stated -that' they were pleased with it Guyton Smith expressed his concerns, over how this Ordinance would and how would it affect recruiting industry into the County? M. H.' Brock explained that the intent of, this ordinance is not: to from coming into the County, but for the County to have a tool in company would like to open a hazardous waste disposal site in the to control this type of development. They affect the farmers prevent industry case a person or County for profit. Robert Morgan stated that he felt overall it is a good ordinance and that it could be amended by the Board at a later date, if necessary. The Commissioners also discussed the Southeastern Economic Development Commission which is a Commission composed of several counties_ and one of its concerns is the disposal of hazardous waste for industries. Henry Thompson commented on Section 9B of the ordinance and requested clarification on "other facility" of this Section. 425 After no one else appeared before the Board to comment on the proposed Ordinance, Chairman Jesse Alphin closed the public hearing at 10:46 p.m. and called back to order the regular meeting of the Board. ORDINANCE Following a discussion of the Ordinance, Commissioner Lloyd G. Stewart made a motion ADOPTED that the following Hazardous Waste and Low -Level Radioactive Waste Management Ordin- ance for Harnett County be adopted; Commissioner Collins seconded the motion and it passed upon the following vote: Ayes: Commissioners Stewart, Brock, Shaw, Alphin, and Collins Noes: None Absent: None Abstained: None HAZARDOUS WASTE ORDINANCE HARNETT COUNTY HAZARDOUS WASTE AND LOW -LEVEL RADIOACTIVE WASTE MANAGEMENT ORDINANCE Whereas the Harnett County Board of County Commissioners finds it necessary and advisable to regulate the location and management of hazardous and low -level radio- active waste management 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 as provided in N.C.G.S. 153A -121; and Whereas the safe management, transfer, transportation, reuse, recycling, neutral- ization, detoxification and incineration of these wastes are essential to the public health and safety; and Whereas, when improperly handled, these 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, by the authority vested in it by the N.C.G.S. Chapter 153A, Sections 121, 128 and 136: Section 1. TITLE. This ordinance shall be known and may be cited as the Harnett County Hazardous Waste Management Ordinance. Section 2. PURPOSE. The purpose of this ordinance is to: A. Regulate the location, operation and care of waste management facilities dealing with the storage, transfer, treatment or disposal of hazardous and low -level radioactive waste within Harnett County. B. Assure that the best management practices are used in handling such waste. C. Assure that before such waste is placed into permanent or long -term storage, the best available technology is used in treating such waste including, but not by way of limitation, reuse, transfer and transportation, recycling, neutralization, detoxification, incineration and maximum volume reduction. D. Assure that, when these alternatives are not technologically feasible, retrievable above- ground storage (or retrievable below - ground if such wastes are explosive or flamable) be used in lieu of other means of disposal until appropriate methods for recycling or detoxification of the stored wastes are found, as directed by the North Carolina Waste Management Act, S.L. 1981, Chapter 704. Section 3. DEFINITIONS. A. "Acute Hazardous Waste" means the same as defined in 40 CFR Part 261. B. "Advisory Board" refers to the Harnett County Advisory Board as set forth in Section 4 of this ordinance. C. "Best Available Technology" is defined as any combination of commercially available technologies which together serve to maximize recycling for reuse of the hazardous or low -level radioactive waste, while rendering the unrecycled components either to their least harmful form or to forms most amenable to eventual recovery. D. "Commissioners" shall mean the Board of County Commissioners for Harnett County. E. "Disposal" shall include the discharge, deposit, injection, dumping, spil- ling, leaking, or placing of any hazardous or low -level radioactive waste into or on any land in such way that such waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. F. "Facility" is defined as all land, structures, personnel and equipment used for the treatment, storage of more than 90 days, or more than 30 days in the case of acute hazardous, waste, and /or disposal -of hazardous or low -level radioactive waste whether-on-site or off - site.' G. "Generator" means any person whose act or process produces low - level radioactive waste as defined above, or hazardous'' waste identified or listed in 40 CFR, Part'261. H. iglazardouS Waste" is defined as solid or liquid waste, -or a combination of solid adn liquid wastes which because of its quantity, concentration, or physical, chemical, or infectious characteristics may (a) cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating illness; or (b) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise managed, and as defined in. 40 CFR, Part 261. 1. "Low-level Radioactive Waste " 'is defined as radio - active' waste not classi fied as any of the following: high -level radioactive waste, spent nuclear fuel as defined by the U.S. Nuclear Regulatory Commission, transuranic waste, or bypro- duct material as defined -'in Section 11E(2) of the Atomic Energy Act of 1954, as amended (68 Statute.923) J. "Management Practices" is defined as methods of systematic collection, source separation, storage, transfer, transportation, processing, treatment, recover and disposal of hazardous or low -level radioactive wastes. . "On- site" means the same as defined in 40 CFR, Part 260. L. "Person'!. is defined as any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agnecy or other entity or any successor, subsidiary, or division, thereof: M. "Storage" is defined as containment fora one month in the case of acute hazardous waste) in tute disposal. period of.over 90 days (or over such a manner as not to consti N. "Transfer" is defined as handling greater than 1,000 kilograms per month of hazardous waste and /or low -level radioactive wastes that are not, generated on site or stored over 90 days. 0. ''!Treatment!' is defined as any method, technique, or process including neutralization, designed to change the physical,; chemical or biological character or composition of any hazardous or low -level radioactive waste so as to neutralize such waste or so as to render such waste non - hazardous, safer for transport, amenable for recovery, amenable for storage, or reduced in volume. Such term includes any activity or processing designed to change the physical form or chemical composition-of hazardous waste or low -level radioactive waste so as to render it non - hazardous. . 'Section- 4.ADVISORY,BOARD. The Board of County Commissioners shall appoint an advisory board. to assist in facilitating the purposes of this ordinance.- The Board shall -.consist of five members appointed by; the Board of County Commissione The advisory board shall serve terms as specified in their appointments, not exceeding four years, and shall have the duties and responsibilities specified herein and such others as the Commissioners may from time to time determine. A. The members of the Advisory Board shall' be appointed by the Board of Commissioners from the public at large. B. The functions and powers of the Advisory Board shall be as follows: 1.' To review applications for, permits the Commissioners;- equired herein upon request of To carry out functions assigned by, this ordinance; 3. To promote safety and health in the management of hazardous and to level radioactive wastes; To provide a forum for citizens and industry in the 5; egulatory process Section 5. HAZARDOUS WASTE AND LOW -LEVEL RADIOACTIVE WASTE PERMIT REQUIRED. A. Each facility shall obtain a permit to operate in Harnett County, except generators who store hazardous or low -level radioactive wastes on site for less than 90 days, or acute hazardous waste for less than 30 days. B. No construction or site preparation for a new hazardous waste or low -level radioactive waste facility shall be initiated prior to issuance of the permit . required hereunder.> C. No permitted facility shall significantly change its operation, including volume and types of wastes stored, transferred, treated or disposed of, without first obtaining an amended permit therefor. Section 6. APPLICATION PROCEDURE FOR ALL PERMITS EXCEPT THOSE FOR STORAGE AND /OR TREATMENT ON -SITE AT THE POINT OF GENERATION. An applicant for such a permit shall prepare and file a hazardous waste permit application with the County Commissioners for any hazardous waste or low -level radioactive waste facili- ty. The applicant shall submit to the County two copies of all information required by federal and state agencies for the facility for which it requests a county permit at the same time such information is submitted to the state and federal governments except facilities already located in the county which shall file such documents when they initiate the application process. 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, or suitable arrangements for payment have been approved by the Commissioners. Where information required by Paragraphs A, B, C, and Section 9 is included in documents submitted to federal and state agencies, such information need not be restated for the county permit; how- ever, additional information as to how these items directly impact the county as well as cross references to state and federal documents shall be included. A. The application shall contain at least the following information: 1. A description of the applicant, full information on its financial capability, and a detailed history of all its past activities in the field of hazard- ous and low -level radioactive waste management, including a synopsis of each facility it or any subsidiary, affiliate or parent corporation has operated at any time with- in ten years next preceding the application. 2. Evidence of liability insurance including environmental impairment liability insurance to cover the proposed operation and a history of any claims against the company at any site, including the applicantand all subsidiaries and affiliates including the parent corporation of the applicant within the last ten years. 3. Justification for and anticipated benefits from the project. 4. A description of the scope of the proposed project including a schedule of how much and what kinds of hazardous or low -level radioactive material the facility will accept, where the material will come from, what pretreatment will be required of wastes unacceptable to the facility with out such pretreatment, and how long the facility is expected to operate. 5. The estimated project costs, including information on: the construction costs for the facility; the yearly site operation expenses; and an estimate of the costs for the lifetime of the project. 6. The proposed method of financing the project, including development, operation and closure stages with information concerning financial commitments. 7. The proposed number of employees and types and positions,including information on the training and experience required for each position, salary ranges for each position and safety precautions to be undertaken. 8. The anticipated date to begin construction. 9. The anticipated date to begin operation. 10. A detailed estimate of the types and amounts of all local government services needed each year by the facility. 11. A description of emergency procedures and safety and security precau- tions that will be in place at the facility; this information should include details on emergency assistance that will be required from the surrounding community. 12. A description of the environmental protection measures to be taken by the applicant to prevent contamination in and around the facility and a description of planned monitoring systems, with an estimated annual budget for each of these items for a period of not less than five years. 13. 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 the facility's operation. 14. A description of the site closure plan for the facility, the antici- pated date of closure and an estimate of the site closure costs. 15. A description of anticipated need for post - closure care. B. A map or maps attached to the application shall include but are not limited to the following information: 1. Ownership - a. Name, address and telephone number of legal owner his agent, of the real estate sought to be used; b. Name, address and telephone number of each professional per son responsible for design and for surveys; c. Description of any existing legal ri ing the property; d. Reference to existing restrictive covenants on the property, if 2. Description Location of property by tax map and parcel number. The deed book and page reference or other evidnec of title of the current owner. 3` Features -`Each map shall contain the following information: a The map shall be drawn to a scale of not less than 200 feet per and ghts -of -way; or easement affect- any. inch. b. A regional location or vicinity sketch map to a scale of no less than 1 inch to 1 mile showing the relationship of the project site to the surround -; ing' area. c Graphic scale,- date, approximate north arrow, legend. d. The location of property in relation to adjoining property and streets, the names of all adjacent` property and streets, or the names of all developments located within one mile of the proposed site The name and address adjoining 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. of g. The total acreage of land in the project.in Chatham County and any other county if applicable. h. The location of existing and /or platted streets, easements, buildings, (including mobile homes), railroads, parks, cemeteries, bridges, sewers, water mains, culverts, water wells, and gas and electric lines. i. The location of water bodies, water courses (including sinkholes, dry stream beds and pond, overflow streams), groundwater aquifiers, springs and othe pertinent features. j. The location and width of all existing and proposed street of -way and easements, and other public ways. k. The location, dimensions and acreage of all property proposed to be set aside for various uses on the applicant's property. l The location of all test wells and borings. rights- m The location of the 100 year flood plain, flood of record,' standard project flood, and inundation due to a dam break. n. A geologic map shall be prepared by a competent geologist at the same scale as the project site map showing all surface and subsurface geologic and geo- hydrologic features and potential geologic hazards that are pertinent to dertemining the desirability of granting a permit. Said map shall include but not be limited to 1. The location' of faults, dikes and sills; The location, attitude, and trend of joints and fractures. 3. The location of present and former borrow, pits, mines, shaft adits, and, quarries; 4. Identification and location of any mineral resources poten- tially made non - recoverable by reference to technology then economically feasible, by the proposed facility. 5. Identification of bedrock type and strike and dip of any mappable bedding. 2. 6. The depth and degree of weathering (saprolite).. 7. Identification and location of clay as to thickness, type, and permeability.' 8. The, location of the water table as to approximate depth, gradient, and surface configuration. 4 '4) 4. Topographic Map - A topographic map with contour interval not more than five (5) feet, at the same scale as the project site map. the date and method of preparing the topographic survey shall be stated. This map shall also show: a. The location of all boundary lines of the property. b. The approximate location of water bodies, water courses, (including sinkholes, dry stream beds, and pond overflow streams), all land within the 100 year flood plain, and other pertinent features. c. The approximate location of all test wells and borings. d. The location of all water wells and springs, whether used or unused, of whatever construction, on the property and with 1,000 feet of the perimeter of the property. 5. Transportation Map - A map showing proposed transportation routes to and from the proposed facility, including the location of schools, emergency, law enforcement and hospital facilities in Harnett County and each adjoining county through which a transportation route passes. An estimate of the volume of material to be transported over each route during a specific time frame shall also be given. C. Because each facility is unique, the Commissioners may require additional information includ- ing but not limited to that mentioned below to complete the application. 1. Contaminant flow to water table including leachate monitoring, collecting and withdrawal systems, clay and synthetic liners, (extra thickness, multiple liners), spill prevention and contain- ment measures. 2. Contaminant movement with groundwater, including groundwater monitoring systems at the site and in potentially affected areas; subsurface "slurry wall" bariers' controls on other groundwater withdrawals in area. 3. Predictability of contaminant movement, based on preconstruction soil borings and ground - ater modeling. 4. Potential affect on surface waters; planned collection systems for surface water run -off; planned exclusion systems for surface water run -on. 5. Potential affect on aquifiers; planned provisions for alternate water supply systems and facilities for immediate pumping and treatment of contaminated water. 6. Potential affect on public water supplies; 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 wastewater, including planned safety procedures, clothing, instruction, and practice for employees, planned oversized or redundant treatment capacity, effluent monitoring and automatic shutdown systems. 9. Nature and predictability of pollution movement, including planned stack height for incinerators with continuous stack and plume monitoring and recording until emission levels are predictable; planned segregation of incompatible wastes. 10. Potential human exposure to air pollution, including planned pollution control equipment, special combustion monitoring and automatic shutdown systems and special air monitoring arrangements. 11. Safety of transportation route, including evacuation and rerouting plans, planned train- ing of emergency fire and medical personnel and local institutional support arrangements; planned training and certification of truck drivers and other waste handling personnel and truck safety features 12. Potential for noise impact, including limitations on hours for delivery and muffler installation. 13. Potential for impact on environmentally significant lands, planned bonding, insurance, financial responsibility and monitoring. 14. Proximity to residential areas or sensitive sites, including planned purchase of buffer zones on adjacent lands, reduction in facility size and distance limitation between similar facilities. 15. Compatibility with existing land uses, including orientation and layout of site plans, planned buffer zone setback from use area to facility owner's exterior property line, referred to as "minimum interior buffer setback "; planned aesthetic design of facility and landscaping. 16. Compatibility with land use plans. 17. Impact on existing or future economic activity, including predicted tax base expansion and privilege licnese tax. 18. Potential for earthquake activity, including special facility design and evacuation plans to deal with such occurrences. 430 19. Post -use problems, including bonding; .liabil community and environmental health. D. A designee of the Commissioners shall compile copies of all reports, applications, minutes of Advisory Board meetings, reports by consultants, and similar material. These shall be placed in one location, readily available to the public. ty, financial responsibility a d monitoring 'E. Upon receipt of an application submitted pursuant to this section the Board. of Commissioners may deny the same or refer it to the Advisory' Board, Upon receipt of an application referred to it by the Board of Commissioners, the Advisory Board shall within 45 days :schedule, advertise in local news papers, and conduct a public meeting.: At this meeting the applicant shall present a summary of the application, and the public shall have the opportunity to raise questions, and concerns. Relevant written and oral quiestions may be submittedsfor the' applicant's response during the meeting. Each application shall be analyzed by the county and if desirable by such consultants as are directed -by the Board of County Commissioners., Said analysis shall be completed within 120 days of the date the - application: is determined to be complete unless said time is extended by the Board of Commis,- sioners: The applicant may request the Commissioners to grant additional time for responding to staff and consultant requests for additional-information on a completed application. County staff and each consultant' shall make interim reports on the progress of their analysis of the application to the Advisory Board at its meetings, and they shall make.a "final report within 30 days of the completion of the analysis. F Upon receipt of the final report, the Commissioners shall call a public hearing for public comment` on the completed application along with the, analysis by the county staff and consultants. The purpose of this hearing shall be for public review of the application. The staff shall give notice by regular mail of the time and place of the hearing to the owner and adjacent property owners depicted upon applicant's map. Said notice shall be mailed not less than 14 days prior to the hearing. Notice of the hearing shall be posted by applicant on the proposed facility property and on each and every roadway of access not less than 14 days prior to the date of hearing. Said posted notices shall be of intervals of not greater than 1,500 feet. All such notices shall be posted as directed by the county's designee. Notice shall also be placed by the applicant in a newspaper of general circulation in the county not less than 14 days prior to the hearing. G: within 45 days after receipt of the final analysis, completed application and public comment, the Advisory Board shall make a recommendation to the Commissioners in open session whether to approve the application, deny it, or approve it with modifications. However, before making a recommendation to the Commissioners to approve the proposal or approve it with modifications, the Advisory Board shall make the following determinations: 1. That the construction and operation of the facility or environmental risk to the surrounding locality.; 2. That the applicant (or facility opera 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. or) has the capability, and financial resources to 4. That the applicant's plan represents the best available technology for handling the w for which the applicant will be permitted. 5. That the facility operator has demonstrated financial capabilities for site operations and site closure. astes H. The Commissioners shall review the recommendation of the Advisory Board and make its final determination in writing within 45 days of receipt of the recommendation of the Advisory Board or from the date of the permit decision by state or federal agencies, whichever is latest. The Commis= sioners shall make the findings listed in G above before approving or conditionally approving the application. If the Commissioners conditionally approve the application, the applicant- shall sunsuit a written agreement to all conditions specified in such approval within 60 days from the date of the approval or such approval shall be invalid. I. A permit shall be valid for no more than 18 months from the date it is granted by the County Commissioners unless the applicant begins construction of the facility within said period and continues to construct or operate the facility according to specified conditions. If a permit becomes invalid for reasons outlined in this paragraph and the applicant wishes to construct or operate the facility, it shall follow the procedures set forth in Section 6 or 7 and pay the filing fee specified in Section 8. Section 7. APPLICATION PROCEDURE FOR ALL PERMITS FOR STORAGE AND /OR TREATMENT ON -SITE AT THE POINT OF GENERATION. A. Application for an on -site storage or treatment permit shall be made by submitting to the County Commissioners 'a copy of all information submitted for state and federal permits. B. Hazardous or low-level radioactive waste generators filing permit applications to store or treat wastes on -site at the point of generation shall submit to the Commissioners an application that includes the following: 1. A summary of all spills at the site occuring within the last ten years and the clean -up operation. 1 2. A detailed description of the company's in -house monitoring and safety programs. 3. Any additional information the Commissioners may deem relevant to assessing the facility's inpact on the health and welfare of the county's citizens. C. The Commissioners, or the Advisory Board, if so directed by the Commissioners, shall hold a public hearing to consider the application within 45 days of receipt, after notice, as specified in Section 6 -F. In all cases where the hearing is held by the Advisory Board, it shall reocmmend to the Commissioners one of the following courses of action within 30 days of the public hearing: 1. To grant a permit on the basis of the information submitted. 2. To deny a permit on the basis of the information submitted. 3. To grant the permit with certain additional conditions. 4. To seek further information before taking final action either from the company requesting the permit or from independent consultants selected by the Commissioners. D. If the Commissioners select option 4 above, the information sought shall be presented to the Advisory Board at a public hearing within 60 days and the Advisory Board shall make its recommendation to the Commissioners within 30 days of such public hearing. The Commissioners shall in such cases take action within 30 days of receiving this recommendation or within 30 days of final action on the state or dederal permit, whichever is latest. E. In cases where the Commissioners hold a hearing without reference to the Advisory Board, it shall take action within 30 days of the public hearing unless it requires additional information, in which case, action shall be taken within 30 days of receipt of such information or within 30 days of state or federal action, whichever is later. F. Existing industries shall apply for this permit at such time as they apply for a final permit under current federal regulations. Section 8. APPLICATION AND PROCESSING FEES. A. All applicants requesting a hazardous or low -level radioactive waste disposal permit shall pay an application processing fee to Harnett County. The application processing fee shall be used to reimburse the County for the costs of assessing the environmental and economic impacts forthe facility and administration of the applications, including the verification of information contained in the application. These costs may include securing the services of professional consultants on a contract basis. B. No action shall be taken on a permit application until the County has received payment of the initial application processing fee in an amount to be determined by the type of facility as follows: On -site storage $ 500 On -site storage and treatment 500 Transfer facilities 500 Treatment facilities 50,000 Land Disposal facilities 50,000 C. In the event that the County incurs costs in processing an application which exceed the initial application processing fee, then the County shall bill the applicant, as additional application proces- sing fees, for the additional costs so incurred, and such fees shall be payable by the applicant upon billing by the County. No application shall be approved except after payment of the additional costs so billed. D. Any portion of an initial application processing fee which is in excess of the costs incurred by the County in processing the application shall be refunded to the applicant within thirty days of final action on the application. Section 9. SPECIFIED CONDITIONS ON THE PERMIT A. The Advisory Board may recommend and the Board of Commissioners may impose specified conditions on issuing a permit, as will, in their opinion, assure that the facility in its proposed location will meet the findings required in Sub - section 6 -G. All such specified conditions shall be entered in the minutes of the meeting at which the permit is issued. All specified conditions shall run with the permit and shall be binding on the original applicants, their heirs, successors and assigns, as long as the landis used for the permitted use. Any noncompliance with the specified conditions shall invalidate the permit and constitute violation of this ordinance. The factors that shall be addressed for inclu- sion of specified conditions shall include but not be limited to 1 through 20 below. Possible condition are listed to the right of the factor considered but only by way of example and not by way of limitation 1. Contaminant flow period to water table. .Leachtate monitoring, collection and withdrawal systems. .Clay and synthetic liners; extra thickness, multiple liner. .Spill prevention and con- tainment measures. Contaminant movement,, with groundwater. 3. Predictability of con - taminant movement. . Potential effect on surface water. . Potential effect on acquifiers. 6. Potential effect on public water supplies.` Possibility of site flooding.' .Groundwater monitoring systems at site and in potentially affected areas. .Subsurface "slurry Wall" barriers. .Controls on groundwater withdrawals in area .Additional preconstruction soil borings and groundwater modeling. .Collection systems for surface water run -off.' .Liability insurance. :Provision of alternate water supply system.- .Liability insurance. .County monitoring and inspection at applicant's expense, both on site and in:potentially affected areas. .County right of access to monitoring equipment and sites by easements. .Contingency plan for sudden or non- -sudden spills and an impact of clean up,.on the. environment. .Liability insurance. .Special .run -off collection and treatment. .Provision of alternate water supply system. Special facility design. Special control dikes. Special liability insurance. Buffer .zone setback in area of standard project flood area. Potential human - exposure to .Oversized or redundant treatment treated 'wastewater. capacity. .Effluent monitoring and automatic shutdown systems .Liability insurance. Nature and predictability of pollutant movement 10. Potential. human :exposure to air polutio 11 Safety of transportation route. 12. Distance between :sensitivesites and trans- portation route. 13. Potential for noise impact. 14. Potential for impact on environmentally significant lands. 15. Proximity to residential areas or or sensitive sites. .Increased' stack height. .Modeling of groundwater movement. .. Additional, oversized or redundant pollution control .equipment. .Increased stack heights. .Special combustion monitoring and automatic shutdown systems. .Special air monitoring arrangement. .Evacuation plans and training. .Transportation re- routing .Access road contruction. Training..of- emergency .fire and medical personnel. .Truck safety features. Relocation of schools for other sensitive facilities. .Limitation on hours for delivery. Muffler installation. .Monitoring and protection of environmentally significant lands. .Purchase of buffer zones on adjacent lands. .Reduction or limitation in facility size. .Distance limitation between similar facilities. 1 1 16. Compatibility with existing land uses. 17. Compatibility with land use plans. 18. Potential effect on property value. 19. Impact on existing or future economic activity. 20. Potential for earthquake activity. 21. Inspection and Monitoring. .Orientation and layout of site plans. .Buffer zone setback from use area to facility owner's exterior property line referred to as a minimum interior buffer setback. .Aesthetic design of facility and landscaping. .Volume reduction requirements. .Regular reproting of types and volume of waste handled. .Tax base expansion. .Privilege license tax. .Special facility design. .Evacuation Plans. .Employees and agents of the County shall have the right at any time to go on the premises for purposes of inspection and monitoring. B. The Commissioners may restrict or limit the amounts and types of wastes entering the proposed site, may limit or restrict the type of treatment, handling and disposal activities, or may require additional treatment or handling of waste before entering, leaving or being disposed of on the site. In addition to conditions regarding the appropriateness of the proposed waste management scheme to the nature of the waste handled, certain other conditions must be met by the proposed waste management facility. These include, but are not limited to: 1. Low -level radioactive waste and hazardous waste shall not be disposed of at the same facility. 2. No two waste management facilities, either hazardous or low -level radioactive waste management facilities, shall adjoin, and no more than one facility of either type shall be located per township nor shall a facility be located within 10 miles of a public water supply, school, hospital, nursing home, or other facility, with the exception of on -site storage and treatment at the point of generation. 3. All wastes, whether hazardous or low -level radioactive, placed into any form of storage shall be retrievable and identifiable using best management practices. Section 10. ENFORCEMENT. A. In General: Pursuant to the power vested in the County Commissioners by N.C.G.S. 153A -121, -128, and -136, the County through its responsible officers shall enforce the provisions of this ordinance to ensure and safeguard the public health, safety and welfare. B. Violation: Any non - compliance with conditions of a County permit or operation of a facility without a permit, any release of hazardous or low -level radioactive waste in amounts sufficient to constitute a hazard to the public health and safety, any no- compliance with the procedural requirements of this ordinance or refusal to permit County officials designated under this ordinance to enter buildings, structures, enclosed areas or other areas in the performance of their lawful duties, any refusal to pay taxes and fees as provided for by this ordinance, and any failure to provide information or apply for amendment to permit(s) as may be required by this ordinance upon proper notice shall be a misdemeanor, which may be punished as indicated in Chapter 14 of the General Statutes of North Carolina. C. Every day a separate violation: Each day of violation of this ordinance shall constitute a separate offense. D. Injunctions: The County may seek injunctions in any court of competent jurisdiction, when the operation of a hazardous or low -level radioactive wast facility is in the judgment of the Health Department creating an imminent hazardta the health, safety and welfare of the public. The County may also seek any other appropriate legal or equitable relief that it deems necessary or appropriate to ensure the public health and welfare. E. Permit Revocation: For any facility operator who has committed a violation, as defined in Section 10 -B above, or for whom the continued operation of the facility poses an unreasonable hazard to the health and welfare of the public, the Advisory Board shall be empowered to recommend to the Commissioners revocation of its permit. No such recommendation shall be made, however, except after a public meeting conducted by the Advisory Board upon no less than 14 days written notice to the facility operator. Such hearing shall be publicized in advance according to the porcedure in Section 6 -F. At such hearing the facility operator may present evidnece to the Advisory Board in mitigation. to demonstrate subsequent remedial action, etc. If the Advisory Board recommends that the permit be revoked, it shall so report to the Commissioners in writing within 10 days of the public meeting held by it. Within 10 days of the receipt of the recommendation, the Commissioners shall hold a public hearing following which they shall determine whether to revoke the permit. The Commissioners may continue the permit upon finding (1) that the facility operator has made a good faith effort to comply 1 with the permit and to remedy violations, (2) that continuation of the permit would not endanger the r public health and wefare, and C3) the facility operator has. proposed a plan to remedy any other hazard- ous conditions on the facility site as -expeditiously as possible. Section 11. MONITORING AND SAFETY. A. Purpose: The purpose of this section is to supplement and complete' the monitoring and safety activities of the federal and state governments. The Commissioners recognize the primary responsibilit of the federal and state governments in this area However, they also recognize that appropriations an manpower to fulfill this responsibility have often been inadequate, and that county responsibility is thereafter necessary and lawful. The duties described herein shall begin upon receipt of a permit application. B. , Duties of the Health Department (or the Commissioners' designee, hereafter ; referred to as the "Health Department "): 1. The Health Department is directed ty requesting a permit from the county; o design a- monitoring and safety program for any facili 2. The program shall take into account the nature of the facility and the monitoring activi- ties of state and federal agencies and shall be designed to supplement and complete those activities as well as to insure that they are being carried out in a thorough and responsible manner. 3. The program shall be submitted to the Advisory Board for a.recommendation and to the Commissioners for approval. 4. On approval, the Commissioners shall designate the Health Department or some other agency as responsible for carrying out the program. C. The program may include the following duties as appropriate: 2. facility(s);. To monitor the air, surface water, and ground water during the operation of the facility (s); To monitor soil, plant, microbial; viral;, and animal "samples during the, operation of the 3. To conduct human health surveys and monitoring in the area around the facility(s) includin statistical surveys, blood samples, and other surveys which may be necessary to determine the effect of exposure and/or to trace any accidental discharges of hazardous or low-level radioactive waste; 4. To verify.the content of shipments and storage of hazardous or against shipping manifests and other records; 5. To inspect the interiors of structures located on the unhealthy, or otherwise unlawful conditions; ow level radioactive waste aste facility- site(s)' for. hazardous 6. To inspect and take samples within the site boundaries of any hazardous or low- level waste facility(s) in the County; 7. To :verify, by laboratory analysis, that samples taken by facility operators are in fact what they are claimed to be, and to check the accurancy of any laboratory facilities within the county which regularly test hazardous or low -level radioactive waste samples: 8. To prepare an emergency response plan, and prepare adequate emergency medical equipment and personnel to handle emergencies arising out of the transportation, storage, treatment, or disposal of hazardous or low-level radioactive waste in the county, to the extent that such measures are not otherwise undertaken by, the facility operator(s) or the state and federal governments; 9. To monitor traffic flows' near facilities on approach routes within the county, and design measures to minimizer traffic disruption and accidents, with special consideration for the routing of buses and the safety of the county's school children.' 10. To perform such other ,duties as the Commissioners di public health and welfare. ect from time to time to safeguard th D. Duties of County Finance Officer: The County Finance Officer shall maintain a' depository for all bonds and insurance policies required by this ordinance. The Finance Officer shall maintain all records necessary to provide financial information essential to administration of Section 13 of this ordinance. E. Duties of County Attorney: The County Attorney, in addition to duties provided by statute, shall provide the Commissioners with advice on legal matters and assistance with drafting, and review bonds posted. F. Other Duties: The County Commissioners shall direct responsible officials of the county to undertake such other monitoring' and safety actions as may be required by this and other sections of this ordinance. 435 Section 12. OPERATION. A. Disposal Request: 1. All persons who operate facilities to handle, treat, transfer, store or dispose of hazardous or low -level radioactive waste in Harnett County, other than on -site storage and /or treatment at the point of generation, must provide the County or its designee a written disposal request for each waste type by generator and receive approval of the same for all wastes proposed to be brought to the site. Such approval shall be valid for a period of time stated therein, not exceeding 30 days. This request must detail the generator's efforts to reuse, recycle, reduce in volume, detoxify, neutralize, incinerate, or appropriately dispose of the waste at the point of generation, or subsequent efforts at some other waste management facility, before shipment to Harnett County or within Harnett County to such facilities. Such persons must also specify how treatment, handling or disposal in Harnett County employs best available technology for the disposal of such waste. The request must also include inform- ation regarding the condition and contents of the shipment, and assurance of proper visible labeling of acute hazardous wastes on the vehicle, before the shipment enters Harnett County. The following information shall also be submitted in writing with each Disposal Request: at the generator. from that process. a. Name, location and business of the waste generator and contact person b. Process in which waste was generated and marketable products arising c. Volume, chemical and physical nature of waste. d. Manner in which waste is packaged for shipment. e. Proposed treatment and disposal procedure. The Disposal Request shall contain written confirmation of a. to d. from the waste generator. A separ- 'late request must be made for each waste type by generator. The county will submit a written response to the applicant no later than 30 days following receipt of a request, however, a request is not complete until the county has received all information necessary to arrive at an informed decision. The facility operator may request a hearing before the County Commissionsers to challenge the decision of the County. The County Commissioners shall schedule a public hearing within 10 days to hear such challenge. The H facility operator shall have the burden of proof in any such hearing. No waste shall be received by any facility in the county until approval as above set forth has been received. 2. All incoming waste must be stored on the facility site, in an area utilizing best management proactices for the proper storage of such wastes, while laboratory analysis is being performed until such analysis is completed. The Health Department may hire or designate a consultant who may be a chemist or radiation specialist qualified to sample wastes at the gate to the facility and to visually inspect the truck, the manifest forms and a copy of the disposal request and its approval and the condi- tion 01 the waste and its containers before the waste enters the facility. No waste may be otherwise handled, treated or disposed of on -site until the laboratory analysis is complete and the consultant verifies in writing to the site manager that the shipment may be processed. B. Management Practices Orders: 1. The Advisory Board as described in Section 4, shall keep abreast of developments in waste management technology and developing management practices. If the Advisory Board discovers a new 1 management proctice, not currently in use at facilities within hte county covered by this ordinance, which could be employed to recycle, reuse, neutralize, detoxify, incinerate, or generated, stored, disposed, or transferred in the county, it shall prepare a report to that effect. It shall include in the report a summary of the benefits and costs of the practices, the wastes affected by the practice, and a proposal for implementing it at facilities within the county. It shall then submit the report to all affected facility operators within the county. The facility operator(s) shall reply in writing to the Advisory Board within 45 days, specifying plans to implement the practice, or reasons why the facility operator(s) believe(s) the practice should not be implemented. 2. If, after the exchange of reports, the Advisory Board finds that the practice should be implemented at facilities in the county, it shall prepare a report and proposed order to that effect and submit them to the Board of Commissioners. Copies of any such report and proposed order shall simultaneously be forwarded to each facility operator within the county. Unless written objections thereto are filed with the Board of Commissioners within 30 days from the date such reports and proposed orders were forwarded to the operators, the Commissioners may apporve and issue such order in the pro- posed or in some other form. Upon receipt of written objections, timely filed, the Board shall sche- dule and hold a public hearing within 30 days of expiration of time for filing objections. Notice of said hearing shall be as set forth in Section 6.F. At said hearing, the Advisory Board and the facility operators shall be assigned the burden of proof. The Commissioners, after said hearing may approve and issue the proposed order, modify and issue the proposed order, deny issuance of the proposed order, or remit the matter to the Advisory Board for further study. C. Other Duties: The County Commisisoners shall direct responsible officials of the County to undertake such other duties as may be required by this or other sections of this ordinance. Section 13. PRIVILEGE LICENSE TAX. A. Purpose of this section: The purpose of this section is to compensate the County, pursuant 438 to the authority vested in the County Commissioners by G. S. 153A- 152.1, for costs incurred by the County as a result of the location in the County of hazardous or low - level radioactive waste facilities subject to this ordinance. B. Each facility operator Shall pay an-annual :privilege license tax.`Said-tax shall consist of one part to cover costs of administration and inspection, and ad valorem property taxes lost by virtue of the facclity. This portion of the tax shall be levied prior. to July 1 of each year in an amount to cover said items, and shall be payable on or before July 1 of the year in which levied. The second portion of the tax is for the purpose of reimbursing the County, for other costs allowed by law including: (1) -Cost of providing additional emergency services; (2) Cost of monitoring air, surface water, groundwater, and other environ- mental media; (3) Any other costs established as being associated with a facility, and for which the County is not otherwise compensated. This portion of the tax shall be levied during the last month of the fiscal year for which levied, and payable within 30 days of billing. Section 14. INSPECTION BY COUNTY. Any facility holding a permit under this ordinance shall be subject to inspectio by a representative of the County at any - time -it is in operation or has any person- nel present. Section 15. COPIES AVAILABLE TO PUBLIC. The County shall make available to the public copies of any application filed pursuant to this ordinance as well as any other paper writing generated hereunder .which constitutes a public record within the meaning of North Carolina General Statutes, Section 132 -1. Such - copies shall be available to the public at cost, or a copy shall be available for loan to -the public for copying. Section 16. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this -ordinance is for, any reason adjudged invalid or unconstitutional or unenforceable by any court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions of this ordinance. Section 17.: EFFECTIVE DATE. This ordinance shall be effective from the date of its adoption on the 4th day of June, 1984. ATTEST: s /Vanessa W. Young Clerk sse Alphin, Cha " man ARNETT COUNTY BOARD OF COMMISSIONERS Ervin Dobson, Director of Planning, appeared before the Board and presented the following subdivision plats for the Board's consideration. SUBDIVISION PLAT 1. Final Plat of Broadway Subdivision, 3 lots, located in Upper Little River Town- BROADWAY SUBDIV. ship. Commissioner Stewart made a motion that this subdivision plat be approved; Commissioner Shaw seconded the motion and it carried. SUBDIVISION PLAT, W.R. LAMBERT- GLOVER SUBDIVISION SUBDIVISION PLAT BOBBY L. AND SHIRLEY WICKER- 2. Final Plat for W. R. Lambert - Glover Subdivision, Five lots, located in Stewart's Creek Township. 'Commissioner Shaw made a motion that this plat be approved; Commissioner Stewart seconded the motion and it carried. 3. Final Plat of Bobby L -. and Shirley Wicker, Six lots, located in Lillington Township. Mr. Dobson informed the Board that Mr. Wicker, some way, managed to get this subdivision plat recorded at the Register of Deed's office without going through the necessary procedures. Mr. Wicker later came to see Mr. Dobson to find out how to, get it approved by the Health Department, and Mr. Dobson recommended that Mr. Wicker hack up and go through the proper procedure. Mr. Dobson explained that Mr. Wicker has been very cooperative and very concerned in trying to get this matter resolved. Following a discussion, during which the Board member's expressed their concern that a subdivision plat that has not been approved by the Commissioner or the Health Board could get recorded in the Register of Deeds office. The Board 1 1 asked Mr. Morgan to follow up on this matter and to see what needs to be done to prevent this type of incident from happening in the future. Commissioner Shaw made a motion that the subdivision plat for Bobby L. and Shirley Wicker be approved; Commissioner Brock seconded the motion and it carried. TAX REPORT Thomas Allen, Tax Administrator, appeared before the Board and gave a report on the activities of the Tax Supervisor's and Tax Collector's offices. TAX ATTORNEY'S Marshall Woodall, Tax Attorney, appeared before the Board and presented the follow - REPORT ing Tax Attorney's report to the Board: NAME Anderson Creek Township Kenneth McLamb Gilbert Purcell SUIT NO. AMT. COLLECTED ATTY FEE no suit no suit OTHER SERVICES RENDERED TO TAX COLLECTOR'S OFFICE: 1,171.52 25.00 973.91 25.00 $2,145.43 $50.00 -Date Explanation 5 -11 -84 Conference with Tom Allen; Telephone call to Mr. Russell in Washington, D.C. Re: St. John's Terrace (0.5 hr.) 22.50 5 -31 -84 Telephone call from Trustee in bankruptcy; review of consent for tax collector to sign Re: Michall Ward (0.4 hr.) 20.00 $42.50 TOTAL ATTORNEY'S FEE $92.50 AMBULANCE SERV. A copy of the Ambulance Services Report for the month of May, 1984, was filed with REPORT the Board. It was announced that the public hearing on the Budget would be held on June 11, 1984, at 7:30 p.m. ADJOURNMENT There being no further business, the Harnett County Board of Commissioners meeting of June 4, 1984, duly adjourned at 11:45 a.m. M6L.2Ct.PQQ S tary