§ 19-191. Establishment; purpose, etc.

(a)

Purpose. The board of commissioners shares the state general assembly's concern for the safe and effective disposal of hazardous, infectious and low-level radioactive waste. In addition, the board of commissioners has a great concern for the economic and public health costs resulting from inefficient cleanup of past hazardous waste accidents. The board of commissioners recognizes the benefit of prompt cleanup, manifested in monetary savings and the prevention of permanent damage to life and property. The board of commissioners recognizes that the cleanup fund established pursuant to G.S. 130A-298 only covers on-site cleanup and care and that the federal response fund established under the Comprehensive Emergency Response, Compensation and Liability Act (P.L. 96-510, 42 USC Section 9601 et seq.) is inadequate to ensure prompt and adequate compensation, particularly for damages to individuals. The purpose of this section is to establish an emergency response fund to be funded by an additional privilege license tax particularly for individual medical and property damages, off-site contamination, transportation, accidents and other costs arising out of location and operation of hazardous, infectious and low-level radioactive waste facilities in the county.

(b)

Establishment of fund. There is hereby established, pursuant to the authority vested in the board of commissioners by G.S. 153A-121 and 153A-152.1, a special hazardous waste cleanup fund, to be disbursed liberally and speedily upon notification of any dangerous spill or leakage that is not immediately remedied by the party responsible or by the federal or state governments. The fund will supplement the state fund established pursuant to G.S. 130A-298, and it is the intent of the board of commissioners that it should be used first to cover personal injury costs and off-site contamination costs. Should the fund be found to be invalid for whatever reason, the monies collected and accrued interest shall be returned to the facility operator in the same shares as paid in.

(c)

How collected. The privilege license tax collected under this section shall be two (2) percent of the gross annual receipts of all hazardous and low-level radioactive waste facilities in the county subject to this article, until the principal of the fund shall reach twenty-five million dollars ($25,000,000.00) with all interest to accrue to the fund thereafter.

(d)

Management. The county finance officer and one (1) member of the board of commissioners shall be appointed managers of the fund. They shall give an annual accounting of the fund to the board of commissioners and to all subject facility operators in the county. The county finance officer shall, pursuant to this section, prepare a report on the best means of investing these tax revenues within thirty (30) days of the receipt of an application for a major hazardous or low-level radioactive waste facility in the county. It is the intent of the board of commissioners that these revenues shall not be invested in the securities, obligations or other instruments of industries which are major producers of hazardous or low-level radioactive waste.

(e)

Procedure for disbursement. The hazardous waste management board shall receive requests or claims for compensation and shall be the disbursing authority for payments made from the fund. The hazardous waste management board shall (1) ensure prompt response to individual claims and requests for cleanup, (2) ensure that all disbursements are made in accordance with state and federal laws and (3) ensure that there is provision for periodic disbursements where the nature of the injury or hazard so requires.

(f)

Procedure for closing of fund. The county finance officer shall prepare a plan for the closing of the fund within a reasonable time after closure of the facility in the county.

(Ord. of 6-28-90, § 601)