<div class="chunk-title">Sec. 26-319. - Enforcement.</div>
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               (a)
               
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               <span class="ital">In general.</span> Pursuant to the power vested in the county commissioners by G.S. 153A-121, 153A-123,
               and 142B-216.10, the county through its responsible officers shall enforce the provisions
               of this article to ensure and safeguard the public health, safety and welfare.
               
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               (b)
               
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               <span class="ital">Violation.</span> Any noncompliance with conditions of a county permit of operation of a facility without
               a permit, any release of hazardous waste and/or low-level radioactive waste in amounts
               sufficient to constitute a hazard to the public health and safety, any noncompliance
               with the procedural requirements of this article or refusal to permit county officials
               designated under this article to enter buildings, structures, enclosed areas or other
               areas in the performance of their lawful duties, any 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 punished as indicated in G.S.<a href="" data-chunk-id="PTIICOOR_CH14BU" class="section-link" data-product-id="14529"> chapter 14</a>.
               
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               (c)
               
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               <span class="ital">Every day a separate violation.</span> Each day of violation of this article shall constitute a separate offense.
               
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               (d)
               
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               <span class="ital">Injunction.</span> The county may seek injunctions in the appropriate court of competent jurisdiction
               when the operation of a hazardous waste and/or low-level radioactive waste facility
               is, in the judgment of the county, creating an imminent 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.
               
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               (e)
               
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               <span class="ital">Management practice enforcement.</span> Any waste facility operator who, having received a final order from the county commissioner
               to implement a management practice as described in<a href="" data-chunk-id="PTIICOOR_CH26EN_ARTXHAWALVERAWAMA_S26-316OP" class="section-link" data-product-id="14529"> section 26-316</a>, fails to implement such a practice within the time prescribed, shall pay a management
               practice fee of ten 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 and/or low-level radioactive waste management board that the management practice
               in question has indeed been implemented. Said fee is in addition to any other taxes
               and fees due the county under this article on any other rules and regulations.
               
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               (f)
               
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               <span class="ital">Permit revocation.</span> For any facility operator who has committed a violation, as defined in subsection
               (b) of this section, or for whom the continued operation of the facility poses an
               unreasonable hazard to the health and welfare of the public, the hazardous waste and/or
               low-level radioactive waste management board may publicly announce its intention to
               recommend revocation of its permit. The facility operator may request a hearing, and
               the hazardous waste and/or low-level radioactive waste management board shall grant
               such a hearing within 30 days of the request. The facility operator may present evidence
               to the hazardous waste and/or low-level radioactive waste management board in mitigation,
               to demonstrate subsequent remedial action, etc. If the hazardous waste and/or low-level
               radioactive waste management board recommends that the permit be revoked, it shall
               so report to the board of commissioners in writing. Within 30 days of the receipt
               of the recommendation, the county commissioners shall hold a public hearing after
               which they shall continue to revoke the permit. The board of commissioners may continue
               the permit upon finding that:
               
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               (1)
               
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               The facility operator has made a good faith effort to comply with the permit and to
               remedy violations;
               
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               (2)
               
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               Reinstatement of the permit would not endanger the public health and welfare; and
               
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               (3)
               
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               The facility operator has proposed a plan to remedy any other hazardous conditions
               on the facility site as expeditiously as possible.
               
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            <p class="historynote0">
               (Code 1993, Â§ 26-114; Ord. of 7-11-1989(2), Â§ 14)
               
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