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094 <br />EE COUNTY <br />Committed Today for a Better Tomorrow <br />AN ORDINANCE FOR THE CONTROL OF OIL AND <br />OTHER HAZARDOUS SUBSTANCES IN THE <br />UNINCORPORATED AREAS OF LEE COUNTY <br />WHEREAS, Lee County has the authority pursuant to N.C. Gen. Stat. 153A-121 to <br />enact an ordinance which defines, regulates, prohibits, or abates acts, omissions, or <br />conditions detrimental to the health, safety, or welfare of its citizens; and <br />WHEREAS, Lee County has the authority, subject to Article 57 of Chapter 106 of <br />the General Statutes, to remove, abate, or remedy everything that is dangerous or <br />prejudicial to the public health; <br />NOW, THEREFIRE, BE IT ORDAINED by the Board of Commissioners for the <br />County of Lee as follows: <br />PART 1: GENERAL <br />• SECTION 1. TITLE <br />This article may be referred to as the "Lee County Oil Pollution and <br />Hazardous Substances Control Ordinance." <br />SECTION 2. INTENT AND PURPOSE <br />(A) It is the purpose of this article to promote the health, safety and <br />welfare of the citizens of the county by protecting the land and the waters over which <br />this county has jurisdiction from pollution by oil, oil products, oil byproducts, and other <br />hazardous substances. It is not the intention of this article to exercise jurisdiction over <br />any matter as to which the United States government or the state has exclusive <br />jurisdiction, and no provision of this article shall be so construed. The county further <br />declares that it is the intent of this article to support and complement applicable <br />provisions of the Federal Water Pollution Control Act, 33 USC 1251 et seq. as <br />amended; the National Contingency Plan for removal of oil adopted pursuant to that act; <br />and the state Oil Pollution and Hazardous Substances Control Act of 1978, G.S. 143- <br />215.75 et seq. <br />(B) Further, it is the intent of this article that the director of emergency <br />management or his designees shall have the authority to summarily abate or remedy <br />hazardous materials or oil discharged into the environment in such a manner as to <br />endanger the health, safety or welfare of the general public or in such a way as to <br />constitute a public health nuisance. The director of emergency management, or his <br />designees, shall determine the type, amount and quantity of equipment and personnel <br />