Hazardous Waste & Low Level Radioactive Waste Mgm't OrdinanceABBREVIATED SUMMARY
OF
THE HARNETT COUNTY HAZARDOUS WASTE
AND
LEVEL RADIOACTIVE WASTE MANAGEMENT ORDINANCE
Name & Purpose
SECTIONS 1 & 2: Purpose of the ordinance is to allow the County
through the Board of County Commissioners and its Waste Manage-
s
ment Board composed of 11 members to:
a) Regulate the location, operation and care of hazardous
and /or low level radioactive waste management facilities
i
within Harnett County.
b) Assure that the best management practices are used in
handling such waste.
c) Assure that the best available technology is used in the
storage of such waste.
Definitions
SECTION 3: Defines various terms used within the ordinance.
Creation of Waste Management Board & Its Powers
SECTION 4• Hazardous and /or Low -Level Radioactive Waste
Management Board shall be formed to implement the ordinance.
This Board shall be composed of 11 members who will be as follows:
a) 2,from county government: 1 from Health Department and 1
from the Planning Board."
b) 4 members to be appointed by the Board of County
Commissioners from the following categories: 2 from the
public at large, representing citizens involved in
environmental matters and 2 from industry.
c) 5 - Each of the 5 individual Commissioners shall appoint
one citizen from his representative district.
Selection of Board Chairman, meeting times, support staff
and functions of,Board are given in this section. Rate of com-
pensation for each board.member.shall,be determined by the
County Commissioners who also have the responsibility to pro -
vide :liability.insurance for the Waste Board members for.any
actions taken in performance of their duties.
Waste Permit Required
SECTION 5: In order to operate in Harnett County, any
hazardous waste and /or low level radioactive waste facility must
obtain a permit from the Board of County Commissioners.
If the.County Commissioners should find that a permitted
facility has significantly changed the amounts or types of waste
entering the facility, or that the facility has increased its
site, then the Commissioners may require the facility operator
.to amend its application and obtain a new permit.
Application For Waste Permit
SECTION 6: A waste facility permit applicant shall file
its application with the County Commissioners. This section
sets out a detailed listing of the information required in the
application.
Application Processing Fees And Procedure
SECTIONS 7 & 8: The County Commissioners, upon the recommendation
of the Waste Management Board, retains the authority to assess
permit, applicants any fees necessary to reimburse the County for
the cost of professional assistance used in evaluating the
permit application.
.. . ]
A detailed time procedure is set out in Section 8 concerning
the processing by the County of the application for the waste
permit. This procedure includes:
'.a) -A public hearing within 45 days that the waste permit
application is submitted.
b)`A`60 day period after the public hearing for the Waste
Management Board to determine if the application is
complete.
c) An analysis of the permit application by the County staff
and consultants, (who are selected by the County Commis-
sioners upon the Board's recommendation) which is to be
performed within 120 days from date that application has
been determined complete.
d) Reports on final analysis by the consultants, on the per -
mit application to the Waste Management Board; a public
meeting before the Waste Management Board; recommendation
for acceptance or denial by Waste Management Board to the
County Commissioners; and County Commissioner's final
decision to grant permit and with specified conditions.
Once granted, a permit is valid for 18 months.
Permit Conditions
SECTION 9: A waste permit granted by the Board of County
Commissioners may contain conditions specified in this section.
Monitoring And Safety
SECTION 10: The purpose of this section is to supplement
the monitoring and safety activities of.the Federal and State
government over waste management facilities within Harnett County.
The ordinance recognizes that the.Federal and State government
have the primary responsibility in this area, but that their man-
power to fulfill this responsibility is many times inadequate.
Therefore, this section sets out County participation through
the.YCounty Health Department and County.Building'-Inspector's
_.
office,'in monitoring.,the operation of waste:''inanagement facilities
within`the County
Certificate'Of.Need And Management Practices Orders '
SECTION 11: This = sect ion provides for two additional re-
quirements that operating waste facilities must adhere to in
wo'rking.with'.the County.Waste Management Board.
1. For each shipment of waste that is received at the
waste facility, the facility operator must first submit
a certificate of need to the County Waste Management
Board. This certificate gives. information as to whether
the particular shipment conforms to the - waste manage-
ment practices for which the facility is permitted.
Based on this certificate, the Waste Management Board
retains the power to allow or deny admittances into
the County facility of the waste shipment. The Waste:
Management Board's decisions are appealable to the
Board of commissioners.
2. The County Waste Board is to keep abreast.of new
developments in waste processing and storage technology.
When the Board discovers a new management practice, it
wants effected in the County, it shall prepare a report
on the practice and forward to waste facility operators
in the County, giving them an opportunity to return
their own recommendations. .After this exchange of re-
ports,.the Waste Board can recommend to the County
Commissioners that an order be issued to the affected
facility to implement the new management practice'and
such order once passed, will amend the facility permit.
Privilege License _Tax And Waste Clean -up Fund
SECTION 12 & 13: ..In order to finance the implementation of this
order; ;and to help- ear the costs of.County.expenses ' in emer
gency_ services "connected with.waste management, this .section
authors
zes the County:.to assess: certain privilege license taxes:
on facility operators.
A waste - clean up fund is also established to supplement the.
Federal and State funds in order to insure speedy and adequate
assistance..for emergency waste spills and ,damage accidents. The
fund shall be collected as a special privilege license.tax which
'shall be 28:of the gross annual receipts of all hazardous and low -
level radioactive waste facilities in the County which are subject
to the ordinance.
Enforcement
SECTION 14: The ordinance will be enforced by County.officers
and a violation of:the ordinance shall be a misdemeanor. Each
day of violation of the ordinance shall constitute a separate
offense. The County Waste Board may recommend revocation of the
permit of any operating waste facility which violates the ordi-
nance.. The facility has a right to a hearing before the Waste
Board before,recommendationsfor revocation are made to the Board
of County Commissioners.
Liability
SECTION 15: All persons storing, treating or disposing of
hazardous waste or low -level radioactive waste in the County
shall be held to a standard of strict liability for spills,
accidents, contamination or other discharges and hazards
arising from the.facility.
Severability And Effective Date
SECTION 16 & 17: Any .part of the ordinance which is held to be
invalid by a Court of law, will not affect the validity; of. the
remaining portions of the or The ordinance shall become
r I N D E X
F
PAGE
Section'1.
Title
1
Section
2.
Purpose ..... ...............................
1
Section
3.
Definitions
2
Section
4.
Advisory Board ..................... .........
3
Section
5.
Hazardous Waste and Low -Level Radio-
active Waste Permit Required ...............
4
Section
6.
Application Procedure for all permits
except those for Storage and /or Treatment
On -site at Point of Generation .............
4
Section
7.
Application Procedure for all Permits for
Storage and /or Treatment On -.site at the
Point of Generation
11
Section
8.
Application and Processing Fees ............
12
Section
9.
Specified Conditions on the Permit .........
13
Section
10.
Enforcement . ...............................
16
Section
11.
Monitoring and Safety .......................
17
Section
12.
Operation ... ...............................
19
Section
13,
Privilege License Tax ......................
20
Section
14.
Inspection by County .......................
21
Section
15.
Severability ...............................
21
Section
16.
Effective Date .............................
21
Whereas the Harnett County Board of County Commissioners
f -inds it necessary and advisable to regulate the location and
management of hazardous and low -level radioactive waste manage-
ment 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, recyclying, neutralization, detoxification and incinera-
tion of these wastes are essential to the public hoalth 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
citeaas 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, treat-
ment or disposal of hazardous and low -level radioactive waste
within iHarnett 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 techno-
logically feasible, retrievable above - ground storage (or
retrievable below - ground if such wastes are explosive or flam-
able) be used in lieu of other means of disposal until approp-
riate 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.
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S.sction 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 combina-
tion 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 Commis-
sioners for Harnett County.
E. "Disposal" shall include the discharge, deposit, injec-
tion, dumping, spilling, 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 hazar-
dous waste identified or listed in 40 CFR, Part 261.
H. "Hazardous Waste" is defined as solid or liquid waste,
or a combination of solid and 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.
I. "Low -level Radioactive Waste" is defined as radio - active
waste -not classified as any of the following: high -level radio-
active waste, spent nuclear fuel as defined by the U.S. Nuclear
Regulatory Commission, transuranic waste, or byproduct material
as defined in Section 11E(2) of the Atomic Energy Act of 1954,
as amended (68 Statute 923).
IWA
J. "Management Practices" is defined as methods of
systematic collection, source separation, storage, transfer,
transportation, processing, treatment, recovery, and disposal of
hazardous or low -level radioactive wastes.
K. "On- site" means the same as defined in 40 CFR, Part 260.
L. "Person" is defined as any individual, corporation, part-
nership, firm, association, trust„ estate, public or private
institution, group, agency or other entity or any successor, sub-
sidiary,. or division thereof.
M. "Storage" is defined as containment for a period of over
90 days (or over one month in the case of acute hazardous waste)
in such a manner as not to constitute disposal.
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 .
sh—arl 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 Commissioners. The
advisory board shall serve terms as specified in their appoint-
ments, 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 required herein
upon request of the Commissioners;
2. To carry out functions assigned by this ordinance;
3. To promote safety and health in the management of
hazardous and low -level radioactive wastes;
4. To provide a forum for citizens and industry in the
regulatory process.
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Section 5.
HAZARDOUS WASTE AND LOW -LEVEL RADIOACTIVE WA.'
A. Each facility shall obtain a permit to operate in Harnett
County, except generators who store hazardous or low -level radio-
active 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 hereundef.
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 radio-
active waste facility. 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 govern-
ments 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;
however, 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 hazardous 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 within ten years next preceding the application.
2. Evidence of liability insurance including environ-
mental impairment liability insurance to cover the proposed opera-
tion and a history of any claims against the company at any site,
including the applicant and all subsidiaries and affiliates
including the parent corporation of the applicant within the last
ten years.
ME
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 without 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, includ-
ing development, operation and closure stages with information
concerning financial commitments.
7. The proposed number of employees and types and posi-
tions, 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
ill be in place at the facility; this
security precautions that w
information should include details on emergency assistance that
will be required from the surrounding community.
A description of reventocontaminationcinoandearound
to be taken by the applicant to o p p
eestimated annualdbudgettfor each lofn these nitems nf y t
oraperiodl
an 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 anticipated date of closure and an estimate of the
site closure costs.
15. A description of anticipated need for post - closure
care.
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S. 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 and his agent, of the real estate sought to be
used;
b. Name, address and telephone number of each pro-
fessional person responsible for design and for surveys;
C. Description of any existing legal rights -of -way
or easement affecting the property;
d. Reference to existing restrictive covenants on
the property, if any.
2. Description Location of property by tax map and
parcel number. The deed book and page reference or other and
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 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 surrounding area.
C. Graphic scale, date, approximate north arrow,
legend.
d. The location of property in relation to adjoin-
ing 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 of 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.
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.
M
i. The location of water bodies, water courses
(including sinkholes, dry stream beds and pond overflow streams),
groundwater aquifiers, springs and other pertinent features.
j. The location and width of all existing and
proposed street rights -of -way and easements, and other public
ways.
k. The location, dimensions and acreage of all
property proposed to be set aside for various use$ on the appli-
cant's property.
1. The location of all test wells and borings.
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 determining the
desirability of granting a permit. Said map shall include but not
be limited to:
1. The location of faults, dikes and sills;
2. 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 potentially made non - recoverable by reference to techno-
logy then economically feasible, by the proposed facility.
5. Identification of bedrock type and strike
and dip of any mappable bedding.
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 approxi-
mate depth, gradient, and surface configuration.
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 topo-
graphic 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
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courses, (including sinkholes, dry stream beds, and pond over-
flow 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 within 1,000 feet of the perimeter of the property.
5. Transportation Map - A map showing proposed transpor-
tation routes to and from the proposed facility, including the
location of schools, emergency, law enforcement and hospital faci-
lities in Harnett County and each adjoining county through which
a transportation route passes. An estimate of the volume of mater-
ial 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 including 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
containment measures.
2. Contaminant movement with groundwater, including
groundwater monitoring systems at the site and in potentially
affected areas; subsurface "slurry wall" barriers' controls on
other groundwater withdrawals in area.
3. Predictability of contaminant movement, based on
preconstruction soil borings and groundwater modeling.
4. Potential affect on surface waters; planned collec-
tion 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, includ-
ing planned safety procedures, clothing, instruction, and practice
for employees, planned oversized or redundant treatment capacity,
effluent monitoring and automatic shutdown systems.
'.x:12
9. Nature and predictability of pollution movement,
ihcluding 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, includ-
ing planned pollution control equipment, special combustion
monitoring and.automatic shutdown systems and special air monitor-
ing arrangements.
11. Safety of transportation route, including evacuation
and rerouting plans, planned training of emergency fire and medical
personnel and local institutional support arrangements;.planned
training and certification of truck drivers and other waste handl-
ing 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 simi-
lar facilities.
15. Compatibility with existing land uses, including
orientation and layout of site plans, planned buffer zone set-
back 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 license tax.
18. Potential for earthquake activity, including special
facility design and evacuation plans to deal with such occurrences.
19. Post -use problems, including bonding, liability,
financial responsibility and monitoring 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.
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 newspapers, and con-
duct a public meeting. At this meeting the applicant shall present
a summary of the application, and the public shall have the oppor-
tunity to raise questions and concerns. Relevant written and oral
questions may be submitted for 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 Commissioners. 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 appli-
cation 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 modifi-
cations. However, before making a recommendation to the Commiss-
ioners 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
will not pose an unreasonable health or environmental risk to the
surrounding locality.
2. That the applicant (or facility operator) has the
capability, and financial resources to construct, operate and
maintain the facility.
am
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 avail-
able technology for handling the wastes for which the applicant.
will be permitted.
5. That the facility operator has demonstrated finan-
cial capabilities for site operations and site closure.
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 Commissioners shall make the findings
listed in G above before approving or conditionally approving
the application• conditionally
application, the applicant
all conditions specified
such such
approvalapproval
shalllbelinvalidys from the
date of the app roval or
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
AM" nu THRATMENT ON -SITE AT THE POINT
A. Application for an on -site storage or treatment permit
A
shall 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 Comm issioners an application
that includes the following:
1. Asummary of all spills
cleaneuploperationng within
the last ten years
2. A detailed description of the company's in -house
monitoring and safety programs.
Commissioners may deem
on the health and wel-
3. Any additional information the
relevant to assessing the facility's impact
fare of the county's citizens.
C. The Commissioners,
by the Commissioners, shall
application within 45 days
or the Advisory Board, if
hold a public hearing to
of receipt, after notice,
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so directed
consider the
as specified
in -Section 6 -F. In all cases where the heari.ng`is held by the
Advisory Board, it shall recommend to the Commissioners one of the, .
following, courses of action within 30 days of th`e. 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 condi-
tions.
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 informa-
tion 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 federal permit, whichever fs 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 informa-
tion, 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 regu-
lations.
Section 8. APPLICATION AND PROCESSING FEES.
A. All applicants requesting a hazardous or low -level
radioactive waste disposal permit shall pay an processing fee
fee fee to Harnett County. The application
shall be used to reimburse the County for the costs of assessing
ic impacts of t
the environmental and economhe facility and admin-
istration of the applications, 1tionthThese1costslmay include
information contained in the app lica .
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 aepofcfacilityoasss-
ing fee in an amount to 4)e determined by the typ
follows:
On -site storage
$ 500
On -site storage and treatment 500
Transfer facilities
RIVIC
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
processing 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 addi-
tional costs so , billed.
D. Any portion of an initial application processing fee
which is in excess of the costs incurred by the County in process-
ing 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
land is 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 inclusion of specified conditions shall include but not be
limited to 1 through 20 below. Possible conditions are listed to
the right of the factor considered but only by way of example and
not by way of limitation.
Contaminant flow period Leachtate monitoring,
to water table. collection and withdrawal
Contaminant movement
with groundwater.
Predictability of con-
taminant movement.
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systems.
Clay and synthetic liners;
extra thickness, multiple
liner.
Spill prevention and con-
tainment measures.
Groundwater
systems at
potentially
Subsurface
barriers.
Controls on
withdrawals
monitoring
site and in
affected areas.
"slurry Wall"
groundwater
in area.
Additional preconstruction
soil borings and ground-
water modeling. .
Potential effect on
surface water.
Potential effect on
acquifiers.
6. Potential effect on
public water supplies
7. Possibility of site
flooding.
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.
8. Potential human expo- Oversized
sure to treated waste- treatment
water. Effluent
automatic
.Liability
9. Nature and predicta-
bility of pollutant
movement.
10. Potential human exposure
to air pollution.
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or redundant
capacity.
nonitoring and
shutdown systems.
insurance.
Increased stack height.
Modeling of groundwater
movement.
Additional, oversized or
redundant pollution control
equipment.
Increased stack heights.
Special combustion monitor-
ing and automatic shutdown
systems.
Special air monitoring
arrangement.
11. Safety of transportation
route.
12. Distance between sensi-
tive sites and trans-
portation route.
13. Potential for noise
impact.
14. Potential for impact
on environmentally sig-
nificant lands.
15. Proximity to residential
areas or sensitive sites
16. Compatibility with
existing land uses
17. Compatibility with
land use plans.
18. Potential effect on pro-
perty value.
19. Impact on existing or
future economic activity
20. Potential for earthquake
activity.
21. Inspection and Monitor-
ing.
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Evacuation plans and
training.
Transportation re- routing
Access road construction.
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 signi-
ficant lands.
Purchase of buffer zones
on adjacent lands.
Reduction or limitation
in facility size.
Distance limitation between
similar facilities.
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 faci-
lity and landscaping.
Volume reduction require-
ments.
Regular reporting 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 hazar-
dous 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 radio-
active, 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 y 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 non- compli-
ance 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 per-
formance of their lawful duties, any refusal to pay taxes and fees
as provided for by this ordinance, and any failure to provide informa-
tion 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. Ever da a se crate violation: Each day of violation of
this ordinance s a constitute a separate offense.
D. Injunctions: The County may seek injunctions in any court
of competent juris fiction, when the operation of a hazardous or
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low -level radioactive waste facility is in the judgment of the
Health Department creating an imminent hazard to 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 pro-
cedure in Section 6 -F. At such hearing the facility operator may
present evidence 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 with the permit and to remedy violations,
(2) that continuation of the permit would not endanger the public
health and welfare, and (3) the facility operator has proposed a:
plan to remedy any other hazardous 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
responsibility of the federal and state governments in this area.
However, they also recognize that appropriations and 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 to design a moni-
toring and safety program for any facility requesting a permit
from the county.
2. The program shall take into account the nature of
the facility and the monitoring activities 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.
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3
Board for
The program shall be submitted to the Advisory
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:
1. To monitor the air, surface water, And ground water
during:the operation of the facility(s);
2. To monitor soil, plant, microbial, viral, and animal
samples during the operation of the facility(s);
3. To conduct human health surveys and monitoring in
the area around the facility(s) including statistical surveys,
blood samples, and other surveys which may be necessary to deter-
mine the effect of exposure and /or to trace any accidental dis-
charges of hazardous or low -level radioactive waste;
4. To verify the content of shipments and storage of
hazardous or low -level radioactive waste against shipping mani-
fests and other records;
5. To inspect the interiors of structures located on the
waste facility site(s) for hazardous, unhealthy, or otherwise
unlawful conditions;
b. 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 accuracy 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 under-
taken by the facility operator(s) or the state and federal govern-
ments;
9. To monitor traffic flows near facilities on approach
routes within the county, and design measures to minimize traffic
disruption and accidents, with special consideration for the
routing of school buses and the safety of the county's school
children,
10. To perform such other duties as the Commissioners
direct from time to time to safeguard the public health and welfare.
SM
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
also maintain all records necessary to provide financial•informa-
tion 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 moni-
toring and safety actions as may be required by this and other
sections of this ordinance.
Section 12. OPERATION.
A. Disposal Request:
1. All persons who operate facilities to handle,
treat, transfer, store or dispose of hazardous or low -level radio-
active 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 information 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:
a. Name, location and business of the waste
generator and contact person at the generator.
b. Process in which waste was generated and
marketable products arising from that process.
C. Volume, chemical and physical nature of
waste.
d. Manner in which waste is packaged for ship-
ment.
e. Proposed treatment and disposal procedure.
The Disposal Request shall contain written confirmation of a. to d.
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from the waste generator. A separate 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 Commissioners to challenge the decision of the County. The
County Commissioners shall schedule a public hearing within 10
days to hear such challenge. The 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 practices 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 radia-
tion 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 of 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 con-
sultant 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 management practice, not currently in use at facilities
within the county covered by this ordinance, which could be
employed to recycle, reuse, neutralize, detoxify, incinerate, or
reduce the volume of hazardous or low -level radioactive waste
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 practice, 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 objecti -ons
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 approve and issue such order
EPLIZ
in`the proposed or in some other form. Upon receipt of written
objections, timely filed, the Board shall schedule 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 objecting shall present their cases, 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 Commissioners 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 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 facility. This portion of the tax shal) be
levied prior to July l 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 reim-
bursing 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 environmental media;
(3) Any other costs established as being associated
with a facility, and for which the County is not otherwise compen-
sated.
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 inspection by a representative of the County at any
time it is in operation or has any personnel 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
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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 cgmpetent juris-
diction, such decisions shall not affect the validity of the
remaining portions of this ordinance.
Section 17. EFFECTIVE DATE.
This ordinancq shall be effective from the date of its
adoption on the �_ day of 1984.
1
(SEAL)
Attest:
Clerk
Board of Commissioners
Harnett County
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Besse Aipnin
Chairman, Harnett County
Board of Commissioners