§ 14-181. General provisions.

(a)

Long title and authority. An ordinance providing for the control of oil and other hazardous substances as well as to provide for the removal and abatement of any discharge of oil and other hazardous substances on the land or in waters of Orange County, adopted pursuant to the authority contained in North Carolina General Statute §§ 153A -121 and 140.

(b)

Short title. This Ordinance may be referred to as the "Orange County Oil Pollution and Hazardous Substances Control Ordinance."

(c)

Intent and purpose. It is the purpose of this Ordinance to promote the health, safety, and welfare of the citizens of Orange County by protecting the land and the waters over which this County has jurisdiction from pollution by oil, oil products, oil by-products, and other hazardous substances. It is not the intention of this Ordinance to exercise jurisdiction over any matter as to which the United States government or the State of North Carolina has exclusive jurisdiction, and no provision of this Ordinance shall be so construed. Orange County further declares that it is the intent of this Ordinance to support and compliment applicable provisions of the Federal Water Pollution Prevention and Control Act, 33 U.S.C. §§ 1251 et seq., as amended, the National Contingency Plan for removal of oil adopted pursuant thereto, and the State Oil Pollution and Hazardous Substances Control Act of 1978, as amended, N.C. Gen. Stat. §§ 143-215.75 et seq.

Further, it is the intent of this Ordinance that the Director of Emergency Management or his or her agents shall have the authority to summarily abate, or remedy hazardous materials or oil which are discharged into the environment in such a manner as to endanger the health, safety, or welfare of the general public or in such a way as to constitute a public health nuisance. The Director of Emergency Management or his or her agents shall determine the type, amount and quantity of equipment and personnel required to adequately abate, and remedy all hazardous materials or oils which are discharged into the environment.

(d)

Severability. Should any provision of this Ordinance be found to be unconstitutional by a court of law, such provision shall be severed from the remainder of the Ordinance, and such severance shall not effect the enforceability of the remaining provisions of the Ordinance.

(e)

Applicability. Pursuant to North Carolina General Statutes § 153A-122, this Ordinance may apply within the corporate limits of any municipality located within Orange County after the municipality, by resolution, permits the Ordinance to be applicable within the municipality.

(f)

Construction. Words importing the masculine gender shall include the feminine and words importing the feminine shall include the masculine.

(Ord. of 11-1-1995, Art. I, eff. 11-2-1995)