§ 130A-310.4. Public participation in the development of the remedial action plan.
§130A‑310.4. Public participation in the development of the remedialaction plan.
(a) Within 10 daysafter the Secretary issues a declaration pursuant to G.S. 130A‑310.3, heshall notify in writing the local board of health and the local health directorhaving jurisdiction in the county or counties in which an inactive hazardoussubstance or waste disposal site is located that the site may endanger thepublic health or environment and that a remedial action plan is beingdeveloped. The Secretary shall involve the local health director in thedevelopment of the remedial action plan.
(b) Before approvingany remedial action plan, the Secretary shall make copies of the proposed planavailable for inspection as follows:
(1) A copy of the planshall be provided to the local health director.
(2) A copy of theproposed plan shall be filed with the register of deeds in the county orcounties in which the site is located.
(3) A copy of the planshall be provided to each public library located in the county or counties inwhich the site is located.
(4) The Secretary mayplace copies of the plan in other locations so as to assure the availabilitythereof to the public.
In addition, copies of the planshall be available for inspection and copying at cost by the public duringregular business hours in the offices of the agency within the Department withresponsibility for the administration of the remedial action program.
(c) Before approvingany remedial action plan, the Secretary shall give notice of the proposed planas follows:
(1) A notice and summaryof the proposed plan shall be published weekly for a period of threeconsecutive weeks in a newspaper having general circulation in the county orcounties where the site is located.
(2) Notice that aproposed remedial action plan has been developed shall be given by first classmail to persons who have requested such notice. Such notice shall state thelocations where a copy of the remedial action plan is available for inspection.The Department shall maintain a mailing list of persons who request noticepursuant to this section.
(d) The Secretary mayconduct a public meeting to explain the proposed plan and alternatives to thepublic.
(e) At least 45 daysfrom the latest date on which notice is provided pursuant to subsection (c)(1)of this section shall be allowed for the receipt of written comment on theproposed remedial action plan prior to its approval. If a public hearing isheld pursuant to subsection (f) of this section, at least 20 days will beallowed for receipt of written comment following the hearing prior to theapproval of the remedial action plan.
(f) If the Secretarydetermines that significant public interest exists, he shall conduct a publichearing on the proposed plan and alternatives. The Department shall give noticeof the hearing at least 30 days prior to the date thereof by:
(1) Publication asprovided in subdivision (c)(1) of this section, with first publication to occurnot less than 30 days prior to the scheduled date of the hearing; and
(2) First class mail topersons who have requested notice as provided in subdivision (c)(2) of thissection.
(g) The Commission onHealth Services shall adopt rules prescribing the form and content of thenotices required by this section. The proposed remedial action plan shallinclude a summary of all alternatives considered in the development of theplan. A record shall be maintained of all comment received by the Departmentregarding the remedial action plan. (1987, c. 574, s. 2; 1997‑28,s. 2.)