§ 19-212. Liability.

(a)

Strict liability. By authority vested in them in G.S. 153A-121 and 153A-136, the hazardous waste management board does hereby ordain that all persons storing, treating or disposing of hazardous waste, infectious 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 this facility.

(b)

Definition of strict liability. As used in this article, the term strict liability shall mean that persons storing, transferring, treating or disposing of hazardous waste, infectious waste or low-level radioactive waste shall be liable for all emergency cleanup costs, cleanup costs in general, damages to persons and property, and other costs resulting from discharges or contamination, regardless of fault or regardless of whether the discharge of contamination was the result of intentional or negligent conduct, accident or other cause.

(c)

Duration. It is the intent of the hazardous waste management board that this section shall be temporary in nature, to remain in effect until such time as the General Assembly addresses the issue directly.

(d)

Transportation. It is further ordained that persons transporting hazardous waste, infectious waste or low-level radioactive waste to destinations in this county shall be held to the same standard of strict liability for all emergency cleanup costs, cleanup costs in general, damages and other costs resulting from discharges or other contamination caused by spills or accidents, intentional releases during transportation within the county, or such discharges or contamination occurring while the transportation vehicle is anywhere within the county except within the boundaries of the actual facility site for which it is destined, at which time it shall be considered stored by the facility operator.

(Ord. of 6-28-90, § 702)