§ 54-59. Application for permit.

(a)

A permit applicant shall prepare and file an incineration permit application with the board of commissioners. The permit application shall include all related documents submitted to the United States government and to the state.

(b)

An application shall contain the following information:

(1)

A description of the applicant's compliance history as required by G.S. 143-215.108(b)(5a). This description shall include, but not be limited to, the following:

a.

Applicant shall provide a description of its legal type of business, e.g., corporation, partnership, sole proprietorship.

b.

Where the applicant is a business entity, the applicant shall provide an organizational chart which identifies the applicant itself, any predecessor or parent entity, any officer, director, partner or other principal of the applicant; any stockholder or other entity holding a controlling interest in the applicant; or any subsidiary or other entity in which the applicant has an interest. In addition, the applicant should identify the degree of legal and/or managerial control which any of the aforementioned persons may have over the others.

c.

The applicant shall provide, for each person listed in subsections (b)(1)a. and b. of this section, the following:

1.

Complete mailing address, phone number and compliance contact person; and a short description of its business activities, e.g., restaurant chain, management of hazardous waste facility, school bus manufacturer.

2.

Copies of all existing or previously held air, water, hazardous waste, and/or interim status documents, permits, licenses, or other such approval documents including, but not limited to, compliance schedules and operational protocols.

3.

State whether an application for a permit was ever denied or submitted and then withdrawn prior to issuance and, if so, state the reason therefor.

d.

For each permit, license or approval document listed in subsection (b)(1)c. of this section, provide the following:

1.

A summary of the compliance history associated with that document.

2.

Copies of all notices of violation or noncompliance; inspection reports; consent agreements; arrest warrants; criminal summonses or warrants; criminal indictments, information or presentments; judicial, administrative or compliance orders; court documents and judgments relating to the following:

i.

Revocation, or suspension, modification or denial of any permit, license or other approval document;

ii.

Violation of any federal, state or local statute, rule or regulation for the protection of the environment.

In regard to the documents requested through subsections (b)(1)a. and b. of this section, submit any documentation of their response to such orders and/or judgments.

3.

Copies of all documents assessing fines, civil penalties, criminal penalties or other penalties, along with a complete paper documentation through resolution of the dispute to current status.

4.

Copies of all notices of violations, citizen complaints, inspection reports and other documents indicating any and all failures to comply with federal and state laws, regulations, rules and guidelines relating to sound waste management practice. Provide documentation of their responses to, and final resolution of, any of the aforementioned. Also submit newspaper articles relating to the violations, if they are readily available.

5.

For each violation listed in subsections (b)(1)d.2., 3. and 4., provide a description of the cause, the potential, and/or the actual environmental or public health damage. In addition, provide the person's response; the period which elapsed from the time the violation occurred to the time the violation was identified, reported and corrected; and also state the costs which were incurred to correcting the violation and rectifying the damage.

6.

List and discuss in detail any instance where any of the aforementioned businesses failed to meet all testing and reporting requirements.

e.

For each business listed in subsection (b)(1)b., provide the following:

1.

A summary of the environmental compliance history associated with that business, not otherwise described in subsection (b)(1)d.

2.

List and give the results of any internal environmental audits performed by the business or its agent.

3.

Copies of all notices of violation or noncompliance; inspection reports; consent agreements; arrest warrants; criminal summonses or warrants; criminal indictments, information or presentments; judicial, administrative or compliance orders; court documents and judgments relating to violations of any state or federal laws, rules, or regulations for the protection of the environment; and/or sound waste management practices not described in subsection (b)(1)d.

4.

The applicant must submit an affidavit attesting to the truth and completeness of the facts asserted in its responses to subsections (b)(1)a., b., c., d.1. and 3., and e.1.

5.

The applicant must submit a summary chart of all violations described in subsections (b)(1)d. and e. in a format prescribed by the agency, which is attached to the ordinance from which this article derives. The summary chart shall evaluate the violations based upon the evaluation factors set out in this section and shall be a given number for each factor.

(2)

All information required by this section shall be provided for a period of not less than ten years.

(3)

The applicant shall submit such other information the board of commissioners determines is necessary to evaluate the applicant's compliance history.

(4)

The applicant shall allow the board of commissioners, or its representatives, to make inspections of any of its facilities at a time and date agreed upon by all parties.

(5)

The application shall contain evidence of liability insurance in the amount of $1,000,000.00 for sudden and $10,000,000.00 for nonsudden coverage; evidence of $10,000,000.00 liability insurance to run five years subsequent to closure to cover post-closure costs; and shall also provide a history of any claims against the company at any site, including the record of any subsidiary or parent corporation.

(6)

The application shall contain justification for and anticipated benefits from the project.

(7)

The application shall contain a description of the scope of the proposed project, including:

a.

An estimated schedule of how much and what kinds of waste the facility would accept;

b.

Where the material would come from;

c.

What pretreatment will be required of wastes unacceptable to the facility without such pretreatment; and

d.

How long the facility is expected to operate.

(8)

The application shall contain yearly site operation expenses and an estimate of the costs for the lifetime of the project.

(9)

The application shall contain the proposed method of financing the project, including development, operation and closure stages.

(10)

The application shall contain the anticipated date to begin construction, and shall include a list of the financial institution name(s) which will be funding construction.

(11)

The application shall contain the anticipated date to begin operation.

(12)

The application shall contain a detailed estimate of the types and amounts of local government services required by the operator in each year.

(13)

The application shall contain a description of emergency procedures and safety and security precautions that will be in use at the facility. This information should include details on emergency assistance and emergency medical treatment that will be required from the area's medical facilities, emergency medical services fire departments, and state or federal emergency response teams.

(14)

The application shall contain a description of the environmental protection measures to be taken by the applicant to prevent contamination in and around the facility site and the description of planned monitoring systems, with an estimated annual budget for each of these items.

(15)

The application shall contain a description of environmental protection measures to be used during transportation of materials to and from the facility, with an estimated annual budget for these arrangements and an estimate of the volume of material to be transported during each year of operation.

(16)

The application shall contain a description of the site closure plan for the facility and the anticipated date of closure.

(17)

The application shall contain a description of anticipated need for post-closure care.

(18)

The application shall contain a written plan for the disposal of the facility's ash.

(c)

A map or other written material attached to the application shall include but is not limited to the following information.

(1)

Ownership.

a.

Name, address and telephone number of legal owners, and/or agents, of the subject property.

b.

Name, address and telephone number of professional persons responsible for the plat or survey.

c.

Description of any existing rights-of-way or easements affecting the property.

d.

Reference to any existing restrictive covenants on the property.

(2)

Description. Location of the property by tax map and parcel number. This description should include a reference to the deed book and page or other evidence of title the current property owner may have.

(3)

Features. Each map shall contain the following information:

a.

Drawn to a scale of not less than 200 feet to the inch.

b.

Location sketch map showing relationship of the project to the surrounding area.

c.

Graphic scale, date, north arrow, and legend.

d.

Location of property with respect to surrounding property and roads, and the names and addresses of adjacent property owners according to city tax records.

e.

Zoning classification of proposed project and adjacent property.

f.

The location of all boundary lines of the property.

g.

The total acreage of land in the project.

h.

The location of existing and/or platted streets, easements, buildings, railroads, cemeteries, bridges, sewers, water mains, culverts, wells and gas and electric transmission lines.

i.

The location of water bodies, watercourses, groundwater aquifers, springs and other pertinent features.

j.

The location, dimensions and acreage of all property proposed to be set aside for various uses on the applicant's property.

k.

The location of all test wells and/or borings.

l.

The location of the 500- and 100-year floodplains, and records of flood, including inundation due to dam break.

m.

The location of historic properties and gravesites, including any plans for relocation of graves and properties having historical significance.

(4)

Geological map. A map showing location of faults, dikes, sills and other pertinent geologic features including bedrock type and strike and dip of any mappable bedding; the depth and degree of weathering (saprolite); identification and location of clay as to thickness, type and permeability; and location of the water table as to approximate depth, gradient and surface configuration.

(5)

Topographic map. A topographic map with contours at vertical intervals of not more than five feet at the same scale as the project site map shall be included. Date, method of preparation and preparer of such survey shall be stated.

(6)

Transportation route map. A map showing proposed transportation routes to and from the facility site, including location of cities and emergency and safety facilities. Include an estimate of the volume of material to travel on each route.

(d)

The application shall address the following factors with regard to, but not limited to, onsite storage and/or disposal:

(1)

Contaminant flow to water table including leachate monitoring, collecting and withdrawal systems; clay and synthetic liners (extra thickness, multiple liners); spill prevention and containment measures.

(2)

Containment movement with groundwater, including groundwater monitoring systems at the site and in potentially affected area; subsurface "slurry wall" barriers control and other groundwater withdrawals in the area.

(3)

Predictability of contaminate movement, based on preconstructed borings and groundwater modelling.

(4)

Potential effect on surface waters; planned collection systems for surface water runoff; planned exclusion systems for surface water runon.

(5)

Potential effect on aquifers; planned provisions for alternate water supply systems and facilities for immediate pumping and treatment of contaminated water.

(6)

Potential effect on public water supply; planned runoff collection and treatment and provisions for alternate supply systems.

(7)

Possibility of site flooding; planned special facility design, special control dikes, and buffer zone setback in area of standard project flood area.

(8)

Potential human exposure to treated wastewater, including planned safety procedures, clothing, instruction, and practice for employees; planned oversized or redundant treatment capacity, effluent monitoring and automatic shutdown systems.

(9)

With respect to incineration, the nature and predictability of pollution movement, including planned stack height for incinerators with continuous stack and plume monitoring and recording, until emission levels are predictable; planned segregation of incompatible wastes.

(Ord. of 11-5-90(1), § III)