§ 19-211. Enforcement.

(a)

Generally. Pursuant to the power vested in the board of commissioners by G.S. 153A-121 and 153A-123, the county, through its responsible officers, shall enforce the provisions of this article to ensure and safeguard the public health, safety and welfare.

(b)

Violation. Any noncompliance with conditions of a county permit or operation of a facility without a permit, any release of hazardous, infectious or low-level radioactive waste in amounts sufficient to constitute a hazard to the public health and safety, and noncompliance with the procedural requirements of this article or refusal to permit county officials designated under this article to enter the buildings, structures, enclosed areas and other areas in the performance of their lawful duties, and refusal to pay taxes and fees as provided for by this article, and any failure or refusal to provide information or apply for amendment to permits as may be required by this article upon proper notice shall be a misdemeanor, which may be punishable as indicated in G.S. Ch. 14.

(c)

Separate offense. Each day of a violation of this article shall constitute a separate offense.

(d)

Injunction. The county may seek injunctions in the appropriate court of competent jurisdiction, when the operation of a hazardous, infectious or low-level radioactive waste facility is, in the judgment of the health department, creating an immediate hazard to the health, safety and welfare of the public. The county may also seek any appropriate equitable relief that it deems necessary to ensure the public health and welfare.

(e)

Management practice enforcement. Any waste facility operator who, having received a final order from the board of commissioners to implement a management practice as described in section 19-152, fails to implement such a practice within the time described shall pay a management practices fee of ten (10) percent of the gross receipts accepted by such facility operator for such wastes as are covered by the order. The facility operator shall continue to pay such fee until such time as he can satisfactorily demonstrate to the hazardous waste management board that such improved management practice has been implemented.

(f)

Revocation. For any facility operator who has committed a violation as defined in subsection (b) above, or for whom the continued operation of the facility poses an unreasonable hazard to the health and welfare of the public, the hazardous waste management board may notify the operator in writing of its intention to recommend revocation of its permit. The facility operator may request a hearing within fifteen (15) days of such notification, and the hazardous waste management board shall grant such a hearing within ten (10) days of its request. At such hearing, the facility operator may present evidence to the hazardous waste management board in mitigation or to demonstrate subsequent remedial action taken. If the hazardous waste management board should decide to recommend that the permit be revoked, it shall so report to the board of commissioners in writing. Within ten (10) days of the receipt of the recommendation, the board of commissioners shall hold a public hearing, after which they shall continue to revoke the permit. The board of commissioners may continue the permit upon a finding that (a) the facility operator has made a good faith effort to comply with the permit and to remedy violations; (b) reinstatement of the permit would not endanger the public health and welfare of the county; and (c) the facility operator has proposed a plan to remedy any other hazardous conditions on the facility site as expeditiously as possible.

(Ord. of 6-28-90, § 701)