Agenda Package - 09-15-08 - Laserfiche WebLink

Home Browse Search

100 identified as pesticides defined in G.S. 143-460 shall be coordinated in accordance with S the pesticide emergency plan adopted by the state pesticide board; provided that in instances where entry of such hazardous substances into waters of the county is imminent, the department of emergency management may take such actions as are necessary to physically contain or divert such substances so as to prevent entry into the surface waters. PART 5: COLLECTION OF EXPENSES SECTION 13. Determination of Expenses Upon completion of any oil or other hazardous substances removal or restoration project or activity or abatement conducted pursuant to the provisions of this division, each department of the county that has participated by furnishing personnel, equipment or material shall deliver to the emergency management department a record of the expenses incurred by the department. Upon completion of any oil or other hazardous substances removal or restoration project or activity, the director of emergency management shall prepare a statement of all expenses and costs of the project or activity expended by the county and shall transmit this to the county manager. SECTION 14. Demand for Payment Upon receipt of the statement of expenses and costs from the director of emergency management, the county manager shall make demand for payment upon the person having control over the oil or other hazardous substances discharged to the land or waters of the county unless the discharge has occurred due to any of the reasons stated in Section 10(B). SECTION 15. Contested charges A person contesting a demand for payment made pursuant to Section 14 shall have ten days from receipt of the demand for payment to request that the matter be considered by the board of commissioners. The final decision of the board may be appealed to the superior court within 30 days of the date of that decision in an action in the nature of certiorari. SECTION 16. Collection Any person having control of oil or other hazardous substances discharged to the land or waters of the county in violation of the provisions of this division and any other person causing or contributing to the discharge of oil or other hazardous substances shall be directly liable to the county for the necessary cleanup projects and activities arising from such discharge, and the county shall have a claim to recover from any and all such persons. If the person having control over the oil and other hazardous substances discharged shall fail or refuse to pay the sum expended by the county, the amount shall be a lien upon the land or premises where the discharge occurred, and shall be collected as unpaid taxes. 0