§ 19-151. 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 board of commissioners recognizes the primary responsibility of the federal and state governments in this area. However, the board of commissioners also recognizes that appropriations and manpower to fulfill this responsibility have often been inadequate and that county responsibility is therefore necessary and lawful. The duties described herein shall begin upon receipt of a permit application.

(b)

Duties of health department (or the commissioners' designee, hereafter referred to as the health department). The health department is hereby directed to undertake the following monitoring and safety duties:

(1)

To monitor the air, surface water and groundwater during the operation of the facility.

(2)

To monitor soil, plant, microbial, viral and animal samples during the operation of the facility.

(3)

To conduct human health surveys and monitoring in the area around the facility, including statistical surveys, blood samples and other surveys which may be necessary to determine the effect of exposure or to trace any accidental discharges of hazardous, infectious or low-level radioactive waste.

(4)

To verify the content of shipments and storage of hazardous, infectious and/or low-level radioactive waste against shipping manifests and other records.

(5)

To inspect the interiors of structures located on the waste facility site(s) for hazardous, unhealthy or otherwise unlawful conditions.

(6)

To inspect and take samples within the site boundaries of any hazardous, infectious and/or low-level radioactive waste facility 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, infectious 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, infectious or low-level radioactive waste in the county, to the extent that such measures are not otherwise undertaken by the facility operator or the state and federal governments.

(9)

To monitor traffic flows near facilities and 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 board of commissioners or the hazardous waste management board may find necessary from time to time to safeguard the public health and welfare.

(c)

Authorization of health department. In order to carry out the duties specified in subsection (b) above, the health department is authorized to do the following:

(1)

Immediately upon issuance of the first permit in the county, the health department may hire, retain a consultant or designate an individual or individuals trained to identify unsafe, unsanitary or otherwise hazardous conditions in waste facility structures. This inspector is charged with making periodic inspections for such unsafe, unsanitary or otherwise hazardous and unlawful conditions during the construction and/or operation of any and all hazardous, infectious and/or low-level radioactive waste management facilities in the county. The inspector shall also make unannounced inspections, by presenting his credentials during any hour of operation, when he has reason to believe that hazardous or unlawful conditions may exist anywhere in such a structure.

(2)

Immediately upon issuance of the first permit in the county, the health department may hire or designate persons capable of performing a background health study on the people of the county and of outlining before the hazardous waste management board a plan for monitoring the people of the county in order that health effects of any hazardous, infectious and/or low-level radioactive waste management facility in the county could be detected sufficiently early in their development and in order that appropriate legal action could be taken. Personnel and laboratory facilities may be made available to the county through the health department. The hazardous waste management board shall recommend to the board of commissioners plans it feels sufficient for implementing this task within six (6) months, and the board of commissioners shall have one (1) month thereafter to approve the plans and hire the appropriate services.

(3)

The health department may hire or designate an engineer to review the certificates of need as specified in section 19-152(a).

(4)

The health department may hire or designate 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 certificate of need and the condition of the waste before the waste enters the facility. The board of commissioners shall provide contract lab services sufficient to analyze such within a four-day period from the time of sample collection.

(5)

The health department may hire or designate an individual or individuals trained to safely handle and sample hazardous waste, infectious waste and low-level radioactive waste and also to collect and safely handle and transport environmental samples for site monitoring and also for environmental monitoring off-site. This person shall make regular announced and unannounced inspections, by presenting his credentials during any hour of operation, for the purpose of collecting such samples as the health department, following the recommendation of the hazardous waste management board, shall deem necessary to adequately monitor the site.

(6)

The health department is authorized to hire or designate an emergency medical technician, who shall be fully trained to deal with emergency medical situations arising out of the operation of hazardous, infectious and low-level radioactive waste facilities and transportation of waste to and from such facilities.

(7)

The health department is authorized to require from the facility operator a list of trained emergency personnel at the facility, particularly a person trained in emergency response to spills or discharge of ultrahazardous wastes.

(8)

The health department is authorized to request administrative support from the county, including secretarial time, paper, telephone, copying and other support as may be necessary to carry out these functions.

(9)

The health department is authorized to purchase such equipment as may be necessary to carry out the monitoring and emergency preparedness duties of this section.

(10)

The health department is authorized to prepare and disseminate educational materials and consult with adjoining landowners to the facility(s), farmers, schools and other groups which may be affected concerning health effects of hazardous, infectious or low-level radioactive waste.

(11)

The health department is authorized to carry out such other duties as it or the hazardous waste management board may find necessary from time to time to ensure the public health, safety and welfare.

(d)

Duties of the county finance officer. The county finance officer is directed to arrange suitable bonding, insurance and other protective measures as described in subsections 19-171(c)(7), (c)(10), (d)(3) and section 19-191 of this article and to report such arrangements to the board of commissioners.

(e)

Duties of the county attorney. The county attorney is directed to provide legal advice, drafting and other assistance as described in subsection 19-171(c)(2), (c)(5) and (c)(6) of this article.

(f)

Other duties. The board of 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 article.

(Ord. of 6-28-90, § 401)