Agenda Package - 09-15-08 - Laserfiche WebLink

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098 investigation, project or activity conducted pursuant to this division shall not be revealed except as may be required by law or lawful order or process. PART 4: OIL AND HAZARDOUS DISCHARGE CONTROLS SECTION 10. DISCHARGES (A) Unlawful discharges. It shall be unlawful, except as otherwise provided in this division, for any person to discharge or cause to be discharged oil or other hazardous substances into or upon any waters or lands within the county, or into any sewer, surface water drain or other waters that drain into the waters of this county, regardless of the fault of the person having control over the oil or other hazardous substances, or regardless of whether the discharge was the result of intentional or negligent conduct, accident or other cause. Any discharge occurring in violation of this section constitutes a public health nuisance and is determined to be detrimental to the health, safety and welfare of the citizens of the county. (B) Exceptions. This section shall not apply to discharges of oil or other hazardous substances in the following circumstances: (1) When the discharge was authorized by law, either statutory or regulatory. (2) When any person subject to liability under this division proves that a discharge was caused by any of the following: a. An act of God. • b. An act of war or sabotage. C. Negligence on the part of the United States government or the state or its political subdivisions, including the county. d. Any act or omission by or at the direction of a law enforcement officer, fire fighter or authorized emergency management forces for the purpose of ensuring the safety of the public. (C) Permits. Any person who desires or proposes to discharge oil or other hazardous substances onto the land or into the waters of this county shall first make application for and secure the permit required by G.S. 143-215.1, and shall file a copy of the permit with the department of emergency management prior to discharge. SECTION 11. REMOVAL OF PROHIBITED DISCHARGES (A) Person discharging. Any person having control over oil or other hazardous substances discharged in violation of this division shall immediately undertake to collect and remove the discharge and to restore the area affected by the discharge as nearly as may be to the condition existing prior to the discharge. If it is not feasible to collect and remove the discharge, the person responsible shall take all practicable actions to contain, treat and disperse the discharge; but no chemicals or other dispersant or treatment materials that will be detrimental to the environment or natural resources shall be used for such purposes unless they shall have been previously approved by the state environmental management commission. The owner of an underground storage tank who is the owner of the tank only because he is the • owner of the land on which the underground storage tank was located on his property,