<div class="chunk-title">Sec. 26-318. - Waste clean-up fund.</div>
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               (a)
               
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               <span class="ital">Purpose.</span> The county commissioners share the North Carolina General Assembly's great concern
               for the safe and effective disposal of hazardous waste and/or low-level radioactive
               waste, and have, in addition, a great concern for the economic and public health costs
               resulting from inefficient cleanup, manifested in monetary savings and in the prevention
               of permanent damage to life and property. The county commissioners also recognize
               that the cleanup fund established under state law only covers on-site clean-up and
               care, and that the federal response fund established under the Comprehensive Emergency
               Response, Compensation, and Liability Act, P.L. 96-510,<a href="" data-chunk-id="PTIICOOR_CH42MAGA" class="section-link" data-product-id="14529"> 42</a> USC 9601 et seq., is inadequate to ensure speedy and adequate compensation, particularly
               for damages to individuals. The purpose of this section is to establish an emergency
               response fund, to be funded by an additional tax, particularly for individual medical
               and property damages, off-site contamination, and transportation accidents, and other
               costs arising out of the location and operation of hazardous waste and/or low-level
               radioactive waste facilities in the county.
               
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               (b)
               
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               <span class="ital">Establishment of fund.</span> There is hereby established, pursuant to the authority vested in the county commissioners
               by G.S. 153A-121, 153A-152.1, and 143B-216.10, a special hazardous waste and/or low-level
               radioactive waste cleanup fund to be disbursed liberally and speedily upon notification
               of any dangerous spill or leakage that is not immediately remedied by the party responsible
               or by the federal or state governments. The fund will supplement the state fund established
               under state law and it is the intent of the county commissioners that it should be
               used first to cover personal injury costs and off-site contamination costs. Should
               the fund be found to be invalid for whatever reason, the monies collected and accrued
               interest shall be returned to the facility operators in the same shares as it was
               paid in; otherwise, the fund shall be non-reverting.
               
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               (c)
               
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               <span class="ital">How collected.</span> The tax collected under this section shall be two percent of the gross annual receipts
               of all hazardous waste and/or low-level radioactive waste facilities in the county
               subject to this article, until the principal of the fund shall reach $25,000,000.00
               with all interest to accrue to the fund.
               
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               (d)
               
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               <span class="ital">Management.</span> The county finance officer and county manager shall be appointed managers of the
               fund. They shall give an annual accounting of the fund to the county commissioners
               and to all subject facility operators in the county. The county finance officer shall,
               pursuant to this section, prepare a report on the best means of investing these revenues
               within 30 days of the receipt of an application for hazardous waste and/or low-level
               radioactive waste facility in the county. It is the intent of the county commissioners
               that these revenues shall not be invested in the securities, obligations, or other
               instruments of industries which are major producers of hazardous waste and/or low-level
               radioactive waste.
               
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               (e)
               
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               <span class="ital">Procedure for disbursement.</span> The county attorney is directed to draw up a plan and procedures for disbursement,
               which shall be designed to:
               
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               (1)
               
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               Ensure prompt response to individual claims and cleanup actions;
               
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               (2)
               
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               Ensure that all disbursements are made in accordance with state and federal laws;
               and
               
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               (3)
               
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               Ensure that there is provision for periodic disbursements where the nature of the
               injury so requires.
               
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               (f)
               
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               <span class="ital">Authority to disburse.</span> Upon approval of the board of commissioners for disbursement of funds for each separate
               incident, the hazardous waste and/or low-level radioactive waste management board,
               by majority vote, shall disburse payments made from the fund. The hazardous waste
               and/or low-level radioactive waste management board shall prepare a written report
               of any meeting at which such vote is taken, including the names of persons voting
               for and against, amount voted, and reasons. The county commissioners shall review
               such report at its next meeting.
               
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               (g)
               
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               <span class="ital">Collection of expenditures.</span> The county attorney shall prepare a plan for collecting expenditures from the fund
               from parties responsible for discharges requiring such expenditures. In the event
               the fund has reached its limit, and disbursements are made and collections under this
               subsection do not reach said limit, the tax may be reauthorized until the limit is
               reached.
               
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            <p class="historynote0">
               (Code 1993, Â§ 26-113; Ord. of 7-11-1989(2), Â§ 13)
               
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