pg. 1 preface the polk county emergency operations plan was

pg. 1 2001, Polk County Government, Columbus, North Carolina Revised: May 6, 2014

PREFACE

The Polk County Emergency Operations Plan was developed to address the hazards that threaten Polk County. The

format of this document encourages an integrated emergency management system (IEMS) approach; and fosters

prompt, efficient, and coordinated response by all agencies charged with responsibilities under this plan. IEMS

requires a system-wide integration of people, skills, and resources; and recognizes that plans developed for one type

of emergency are useful for other emergency situations. For this reason, the design of this plan is functional rather

than situational.

This document meets the requirements of FEMA planning guidance CPG 1-8 and CPG 1-8A, and the legal

responsibilities identified in Chapter 166-A of the North Carolina General Statutes. It provides all necessary

elements to insure the fulfillment of local government responsibilities during emergency situations.


POLK COUNTY

MULTI-HAZARD OPERATION PLAN

TABLE OF CONTENTS

PREFACE pg. 1

TABLE OF CONTENTS pg. 2

DISTRIBUTION LIST pg. 4

RECORD OF CHANGE pg. 5

SIGNATURE OF APPROVAL pg. 6

BASIC PLAN

I. PURPOSE pg. 7

II. SITUATION AND ASSUMPTIONS pg. 7

A. Situation

B. Assumptions

III. CONCEPT OF OPERATION pg. 8

A. General

B. State/Federal

IV. ORGANIZATION pg. 9

V. RESPONSIBILITIES pg. 9

1. Chairperson, County Commissioners pg. 9

2. County Manager pg. 9

3. Finance pg. 10

4. Emergency Management Coordinator pg. 10

5. Communications pg. 10

6. Damage Assessment Officer (Tax Assessor) pg. 10

7. Sheriff pg. 11

8. Police Departments of the Town of Columbus, Saluda, and Tryon pg. 11

9. County Fire Marshal and Fire Chiefs pg. 11

10. Polk County Rescue Squad pg. 11

11. Incident Commander pg. 11

12. EMS Coordinator pg. 11

13. Social Services Director pg. 11

14. Amateur Radio Emergency Service pg. 12

15. Health Director pg. 12

16. St. Luke’s Hospital Disaster Coordinator pg. 12

17. Medical Examiner pg. 12

18. Mental Health Coordinator pg. 12

19. Superintendent of Schools pg. 12

20. Polk County Transportation Authority pg. 13

21. American Red Cross pg. 13

22. Public Works pg. 13

23. Cooperative Extension pg. 13

24. Computer Support pg. 13

VI. DIRECTION AND CONTROL pg. 14

VII. CONTINUITY OF GOVERNEMENT pg. 14

A. General

B. Line of Succession

C. Preservation of Records

D. Relocation of Government

VIII. ADMINISTRATION & LOGISTICS pg. 15

IX. PLAN DEVELOPMENT AND MAINTENANCE pg. 15

X. AUTHORITIES AND REFERENCES pg. 15


XI. GLOSSARY pg. 16

XVI. ACRONYMS AND ABBREVIATIONS pg. 26

XVII. LAWS AND ORDINANCES pg. 30

1. General Statutes Chapter 166-A

2. General Statutes Chapter 14-288.13-20

3. POLK COUNTY EMERGENCY MANAGEMENT ORDINANCE

4. POLK COUNTY STATE OF EMERGENCY ORDINANCE

5. PROCLAMATION OF STATE OF EMERGENCY

6. PROCLAMATION OF TERMINATING

7. HAZARDOUS MATERIALS RESPONSE: FINANCIAL RESPONSIBILITY

VII. MUTUAL AID

1. North Carolina Statewide Emergency Management Mutual Aid and Assistance

2. The American Red Cross Polk County Chapter

3. Disaster Relief and Assistance Spartanburg County, south Carolina

VIII. ANNEX

A. DIRECTION AND CONTROL

B. COMMUNICATIONS

C. NOTIFICATION AND WARNING

D. EMERGENCY PUBLIC INFORMATION

E. LAW ENFORCEMENT

F. FIRE AND RESCUE

G. PUBLIC WORK

H. HEALTH AND MEDICAL

I. EVACUATION AND TRANSPORTATION

J. SHELTER AND MASS CARE

K. DAMAGE ASSESSMENT/RECOVERY

L. FLOODING

M. UTILITY RESTORATION

N. AGRICULTURE

O. PRIVATE SECTOR

IX. APPENDIXES

A. HAZARDOUS MATERIAL PLAN

B. ANIMAL EMERGENCY PLAN

C. CIVIL DISORDER/DOMESTIC TERRORISM PLAN

D. RECEVING AND DISTRIBUTION POINT

XIX. ATTACHMENTS

A. ICS FORMS


DISTRIBUTION LIST

1. Polk County Board of Commissioners

2. Polk County Manager

3. Town of Columbus

4. Town of Saluda

5. Town of Tryon

6. Polk County Emergency Management Coordinator

7. Polk County Sheriff’s Department

8. Polk County Communications Center

9. Polk County Finance Officer

10. Tryon Police Department

11. Saluda Police Department

12. Columbus Police Department

13. Polk County Fire Chief’s

14. Polk County Rescue Squad

15. Polk County EMS

16. Polk County Department of Social Service

17. Amateur Radio Emergency Service – Polk County

18. Rutherford-Polk-McDowell-District Health Director

19. St. Luke’s Hospital

20. Polk County Medical Examiner

21. Rutherford-Polk Mental Health

22. Office of the Superintendent, Polk County Schools

23. American Red Cross – Polk County chapter

24. Polk County Transportation Authority

25. Polk County Emergency Planning Committee


RECORD OF CHANGES

CHANGE # DATE CHANGE CHANGE MADE BY

1 09/19/2005 Section XVII, added NIMS Resolution S.G. Halford/approved by B.O.C.

2 08/20/2007 Section VII, Annex E S.G. Halford/approved by BOC

3 11/21/2008 Basic Plan, II(A) ( 8 & 9) (pg. 8) S. G. Halford

4 11/21/2008 Section XI, Glossary updated S. G. Halford

5 11/21/2008 Basic Plan, II(A) (1), Population S.G. Halford

6 12/08/2008 Section XIX , Receiving and

Distribution Point (CRDP)

S.G. Halford

7 12/10/2008 Section XIX, ICS Forms S.G. Halford

8 12/18/2008 Section I, Glossary update S.G. Halford

9 12/18/2008 Preface S.G. Halford

10 11/07/2013 Annex H Section II (B) (3) Added Bobby Arledge

11 11/07/2013 Annex J Updated Bobby Arledge

12 05/06/2014 Basic Plan, II(A) (1) Population

Updated

Bobby Arledge

13 05/06/2014 Annex B, II(A)(1), II(B)(1)(A),

II(B)(3)(5) Updated

Bobby Arledge

14 05/06/2014 Annex B III(A) Updated Bobby Arledge

15 05/06/2014 Annex B IV(B) Updated Bobby Arledge


STATEMENT OF APPROVAL

POLK COUNTY

EMERGENCY OPERATIONS PLAN

STATEMENT OF APPROVAL

Chairman, Polk County Commissioners Polk County Finance Officer

Mayor, Town of Columbus Director, Polk County Transportation

Authority

Mayor, Town of Saluda Mayor, Town of Tryon

Polk County Manager Medical Director Polk County EMS

System

Director, Polk County Emergency Services Captain, Polk County Rescue Squad

Director, Polk County Department of Emergency Coordinator, Amateur

Social Services Radio Emergency Service

President, Polk County Fire Chief’s Director, Polk County Communications

Association

Polk County Sheriff Chairperson, LEPC

Polk, Rutherford, McDowell - District Disaster Coordinator, American Red

Health Director Cross Polk County Chapter

Superintendent, Polk County Schools President, St. Luke’s Hospital

Polk County Medical Examiner Director, Mental Health


BASIC PLAN

I. PURPOSE

This plan predetermines the actions to be taken by the governmental agencies and private organizations of

Polk County to reduce the vulnerabilities of individuals and property to disaster and to establish the

capabilities to respond effectively to the actual occurrence of a disaster.

II. SITUATION AND ASSUMPTIONS

A. Situation

1. Polk County is located in North Carolina Emergency Management Area 15 and FEMA

Region IV. Its geographic location is in the southwestern section of the state. It is bound

on the east by Rutherford County, on the west by Henderson County, on the North by

both Henderson and Rutherford Counties, and on the South by Spartanburg and

Greenville County of South Carolina (Reference Appendix 1, County Map). The current

population of Polk County is 20,271

2. The major traffic arteries are I-26, Highway 9, Highway 74, Highway 176, and Highway

108.

3. The county is threatened by a number of hazards that have the potential to be of such

magnitude as to warrant centralization of the direction and control function in order to

facilitate effective and efficient emergency operations. These hazards include:

a. Hazardous Materials Incidents

b. Winter Storms

c. Wild Fires

d. Civil Disorder/Domestic Terrorism

e. Dam Failure

f. Floods

g. Tornadoes

h. Power/Communication system failure

i. Earthquake

j. High winds

k. Mass casualty incidents

4. Direction and control of normal, day-to-day emergencies will be the responsibility of the

appropriate emergency response agencies in accordance with local ordinances, policies,

and procedures.

5. The Towns of Columbus, Tryon, and Saluda may exercise independent direction and

control of their own emergency resources, outside resources assigned to the towns by the

County EOC, and resources secured through existing mutual aid agreements with other

municipalities. Requests for state/federal governmental assistance will be directed to the

County EOC or the County Emergency Management Coordinator.

6. Centralized direction and control (EOC activation) is necessary in the following

situations:

a. There is an imminent threat to public safety

b. Extensive multi-agency/multi-jurisdictional response and coordination are necessary

to resolve or recover from the emergency situation;


c. Local resources are inadequate or depleted and significant mutual aid, and/or

state/federal resources must be utilized to resolve the emergency situation

d. The disaster affects multiple political jurisdictions within the county; and/or

e. Local emergency ordinances are implemented to control the emergency situation.

7. The county EOC serves as the central direction and control point for countywide

emergency response activities

8. The Primary EOC is located at the First Peak Visitors Center

9. In the event that the primary EOC is inoperable, an alternate EOC will be established at

Polk County EMS or the Polk County Community Development Building.

10. The county warning point will normally provide initial notification and warning.

11. Broadcast media (i.e., television, and radio) will be relied upon to assist in the

dissemination of warning information to the general public.

12. Public officials, EOC staff, emergency personnel, and others will be notified by

telephone and/or two-way radio if operable

13. In an emergency, there is frequently a need for emergency debris removal to eliminate

obstructions to public roads

14. Dependent upon the nature of the incident, evacuation of a part of the county may be

required.

15. An evacuation may require substantial resources for transportation, communication, and

traffic control.

16. Large-scale disasters may necessitate the rapid evacuation of hospitals, nursing homes,

and non-ambulatory populations.

17. Dependent upon the impact of the incident, shelters may be required.

18. An initial damage assessment will provide a basis for determination of actions and

resources needed, the establishment of priorities, the allocation of local government

resources during the early stages of the recovery effort, and what, if any, outside

assistance will be required to restore the affected area to its pre-disaster condition.

B. Assumptions

1. The officials of Polk County are aware of the county's vulnerability to disaster and their

responsibilities in the execution of this plan.

2. Implementation of this plan will reduce or prevent the loss of lives and damage to

property

3. The designated EOC will be activated upon the threat or occurrence of a major

emergency/ disaster and designated personnel will report to the EOC in a timely manner.

4. Procedures have been developed to effectively direct and control disaster operations.

5. Local media will cooperate in disseminating disaster-related information to the public.

6. When local resources and existing mutual aid agreements can no longer meet the

demands of the situation, state resources/assistance will be requested.

7. Sufficient in-county sheltering exists to meet the needs of an evacuation during an

emergency or disaster.

8. Damage assessment procedures will expedite recovery operations.

III. CONCEPT OF OPERATION

A. General

1. As required by North Carolina General Statute 166A, it is the responsibility of county

government to protect life and property from the effects of hazardous events.

2. The county EOC will be staffed and operated as dictated by the situation.

3. As an emergency situation develops, the Chairman of the Polk County Board of

Commissioners, the Mayor of a given jurisdiction, or the county manager on behalf of the

Polk County Board of Commissioners (as defined in NCGS 14-288.13-19) may declare a


State of Emergency to exist within the jurisdiction, or part thereof, and begin

implementing necessary emergency procedures. (Refer to Section IX., Proclamation of a

County State of Emergency).

4. Termination of a State of Emergency shall be declared by the authority by which it was

proclaimed. (Refer to Section X., Proclamation Terminating a County State of

emergency).

B. State/Federal Assistance

1. When the capabilities of Polk County Local Government have been overwhelmed,

resources from state and/ or federal agencies may be needed.

2. State assistance will be requested by the local emergency management coordinator

through the Area 15 Emergency Management Office.

3. If state resources have been exhausted or are otherwise unavailable, the state EOC will

seek federal assistance to provide the needed resources through emergency support

functions as described in the Federal Response Plan.

IV. ORGANIZATION

Most of the departments within Polk County Local Government have emergency functions during times of

disaster in addition to their normal duties. Each department is responsible for developing and maintaining

their own emergency procedures. Specific responsibilities are outlined in the section entitled

“responsibilities” as well as in the functional annexes and hazard specific checklists.

V. RESPONSIBILITIES

1. Chairman, Polk County Board of Commissioners

a. Carry out appropriate provisions of state general statutes and local ordinances relating to

emergencies.

b. Request assistance from state government through the Polk County emergency

management coordinator, as appropriate for the situation.

c. Perform direction, control, coordination, and policy-making functions as necessary to

provide for optimum protection of public health and safety within the jurisdiction.

d. Declare and terminate a state of emergency when appropriate.

e. Issue and terminate evacuation orders when appropriate.

f. Request the assumption of state direction and control if necessary.

g. Nominate a Local Emergency Planning Committee (LEPC) as identified in Title III of the

Superfund Amendments and Reauthorization Act of 1986 and in accordance with the

policies of the North Carolina Emergency Response Commission (NCERC).

h. Provide general assistance to the state in minimizing the adverse social and economic

aspects of energy supply disruptions by encouraging recommended conservation

programs both in the public and private sectors.

2. County Manager

a. Implement direction, control, coordination, and policy-making functions as necessary to

provide for optimum protection of public health and safety within the county on behalf of

the Board of County Commissioners. This includes but is not limited to

declaring/terminating a state of emergency and/or issuing/terminating orders for

evacuation.

b. Ensure that exercises and tests of the emergency systems are conducted on a periodic

basis.

c. Ensure that EOC staff are designated to report to the EOC upon activation.


d. Ensure that information and reports are forwarded through the Area 15 Office to the State

Division of Emergency Management.

e. Function as the official county spokesperson and public information officer

f. Maintain a current internal notification/ recall roster.

g. Report to the county EOC upon activation to assist with the direction and control

operations.

h. Ensure the development and continual update of emergency plans and standard operating

procedures by all county agencies.

i. Provide administrative support to the LEPC as required.

j. Ensure that all information received in authenticated and verified for accuracy.

k. Ensure the protection of public documents and facilities during the emergency.

3. Finance Director

a. Report to the EOC when activated to ensure that records of all expenditures are kept

during emergencies.

b. Establish and maintain a separate account of disaster-related expenditures and expenses.

c. Develop procedures for the procurement and delivery of essential resources and supplies

on a timely basis.

4. Emergency Management Director

a. Perform assigned duties in accordance with NC General Statutes and local ordinances.

b. Planning and coordinating emergency operations within Polk County.

c. Conducting regular exercises of the county EOP.

d. Maintain a current list of local resources, both county and private.

e. Ensure adequate training of emergency management personnel.

f. Receive requests for assistance from municipalities within the county and direct aid to

areas where needed.

g. Collect data and prepare damage assessment reports.

h. Activate the county EOC as required and coordinate EOC operations once activated.

i. Maintain administrative records as required.

j. Establish disaster assistance centers when appropriate.

k. Appoint a damage assessment officer to coordinate overall damage assessment

operations.

l. Serve as the Community Emergency Coordinator as defined in SARA, Title III.

m. Ensure coordination of planning efforts between local jurisdictions.

n. Assist the county PIO with the dissemination of public information during emergencies.

5. Communications Director

a. Maintain current internal notification/recall rosters.

b. Report to the EOC upon activation to provide direction and control over communications

operations.

6. Damage Assessment Officer

a. Report to the county EOC upon activation to coordinate damage assessment operations.

b. Develop, review, and update as needed the procedures for reporting damage.

c. Train personnel in damage assessment techniques and reporting procedures.

d. Maintain a current damage assessment team notification/ recall roster.

e. Provide a system for the submission of accurate, detailed, and timely damage assessment

reports to the EOC.

7. Sheriff


a. Appoint and send a designee to the county EOC upon activation to coordinate law

enforcement activity within the county.

b. Coordinate traffic control efforts as necessary.

c. Provide direction and control for law enforcement operations.

d. Assist in warning affected populations of an existing or impending emergency.

e. Coordinate evacuation efforts.

f. Provide security and protection as necessary.

g. Develop mutual aid agreements with other law enforcement agencies.

h. Identify primary and alternate evacuation routes and the traffic control mechanisms

needed to insure utilization of those routes

8. Police Departments of the Towns of Columbus, Saluda, and Tryon

a. Assist in warning affected populations on an existing or impending emergency.

b. Provide security and protection as necessary.

c. Enforce traffic control measures within local jurisdictions.

d. Assist with evacuation efforts.

9. County Fire Marshal and Fire Service Representative (appointed by the Polk County

Emergency Chief’s Association)

a. Plan for coordination of firefighting operations throughout the county in time of disaster.

b. Support evacuation efforts.

c. Develop mutual aid agreements.

d. Report to the county EOC upon activation to coordinate fire service operations.

e. Assist in warning affected populations of an existing or impending emergency.

f. Provide hazardous material decontamination.

g. Assist with traffic control operations.

h. Designate staging areas for mutual aid and volunteer resources.

i. Support rescue operations.

10. Polk County Rescue Squad

a. Provide representation to the county EOC for the coordination of rescue efforts.

b. Assist as needed with public warning, traffic control, and other emergency operations.

c. Provide transportation of emergency workers/support staff to various locations

throughout the county.

d. Provide personnel for the rescue of isolated and/or trapped persons during emergencies.

11. Incident Commander

a. Manage on-site emergency operations.

12. Emergency Medical Service Coordinator

a. Report to the county EOC to coordinate emergency medical response activity throughout

the county during disasters.

b. Develop mutual aid agreements.

c. Coordinate with hospital administration the use of medical facilities within the county for

mass casualty incidents.

d. Serve as liaison between Polk County Local Government and the American Red Cross.

e. Assume direction and control of mass casualty incidents.

13. Social Services Director


a. Plan for coordination of social service operations during disaster.

b. Assist local long-term care facilities with the development of emergency procedures.

c. Develop mutual aid agreements.

d. Assist the American Red Cross with mass care as needed during the response and

recovery phase of a disaster situation.

e. Train and provide personnel to operate within ARC shelters.

f. Identify special needs populations and plan for their care during emergency situations.

g. Assist the American Red Cross in recruiting shelter staff.

h. Maintain current internal notification rosters.

i. Report to the EOC upon activation to assist in the coordination of disaster activity.

j. Provide personnel to assist with welfare inquiry within ARC shelters.

14. Amateur Radio Emergency Service

a. Provide a means of communication between the county EOC and other agencies

including, but not limited to, the area/state EOC, and ARC personnel at various shelter

sites.

15. District Health Director

a. Coordinate public health measures during times of emergency.

b. Coordinate environmental health activities, such as waste disposal, food/ water control,

vector/vermin control, and sanitation.

c. Report to the EOC upon activation to provide direction and control over public health

operations.

d. Provide health care at emergency shelters.

16. Hospital Disaster Coordinator

a. Provide direction and control for hospital staff and coordinate the medical resources

within the hospital.

b. Implement hospital disaster plans.

c. Provide for emergency treatment and hospital care of disaster victims.

d. Identify facilities that could be expanded into emergency treatment centers.

e. Prepare prodders for reducing patient populations (e.g., discharge of less critically ill

patients).

17. Medical Examiner

a. Respond to notifications of fatalities from local authorities.

b. Develop procedures for the recovery, identification, registration, and disposition of the

deceased.

c. Determine causes of death and issue death certificates for disaster related fatalities.

d. Notify nearest relatives of deceased disaster victims.

e. Coordinate mass fatality incidents.

18. Mental Health Coordinator

a. Develop procedures to provide mental health services to disaster victims/workers during

emergencies.

b. Provide crisis intervention training for personnel assigned to mental health service teams.

19. Superintendent of Schools


a. Support transportation operations during ordered evacuations by providing busses and

drivers.

b. Provide access to school facilities for use as emergency shelters during emergency

situations.

c. Plan for and direct the evacuation of school populations.

20. Director, Polk County Transportation Authority

a. Provide representation to the county EOC to coordinate transportation efforts during

times of disaster.

b. Support evacuation efforts.

c. Transport disaster workers/support staff to various locations throughout the county when

needed.

21. American Red Cross Liaison

a. Provide representation in the county EOC.

b. Coordinate shelter/mass care activities.

c. Provide shelter management and staff to ARC shelters.

d. Implement the chapter disaster plan.

e. Provide food for emergency workers.

f. Answer inquiries and inform families on the status of individuals relocated because of the

disaster.

22. Public Works Supervisor

a. Develop and maintain resource lists.

b. Provide emergency water and sanitation service to vital facilities within respective

jurisdictions.

23. Cooperative Extension

a. Develop and maintain resource lists.

b. Provide representation to the county EOC to coordinate the relocation of large animals

during emergency situations.

24. Computer Support

a. Provide a representative to the EOC during times of operations to provide technical

support for the EOC staff


VI. DIRECTION AND CONTROL

A. Direction and control operations provide for an efficient response to an emergency by

coordinating all response and recovery activities in one central location. The county EOC is the

base of operation for all emergency management activities for the county. Members of the

emergency management organization will be familiar with the plans and procedures to cope with

an emergency. The Chairman of the Polk County Board of Commissioners, the county manager,

or the Polk County emergency management coordinator will activate the EOC when necessary.

The overall direction and control of emergency activities during crisis situations is vested in the

Chairman of the Polk County Board of Commissioners.

B. Upon declaration of an emergency, the Chairman of the Polk County Board of Commissioners, the

County Manager, and the County Emergency Management Coordinator will operate from the

EOC.

C. On-site direction and control will be established by the senior officers of the emergency service

having primary responsibility for the situation. On-site direction and control will be accomplished

utilizing the incident command system.

VII. CONTINUITY OF GOVERNMENT

A. General

1. The possibility that a disaster could result in disruption of government functions necessitates

that all levels of local government develop and maintain procedures to insure continuity of

government.

B. Line of Succession

1. The line of succession of the Polk County Board of Commissioners proceeds from the

chairman, to the vice-chairman, to the members of the board in accordance with county

policy.

2. Lines of succession for the various departments are shown in the appropriate functional

annexes.

C. Preservations of Vital Records

1. It is the responsibility of the elected officials to insure that all legal documents recorded by

designated officials be protected and preserved in accordance with existing laws, statutes, and

ordinances.

2. Each department is responsible for the preservation of essential records to ensure continued

operational capabilities.

D. Relocation of Government

1. The county provides for the relocation of the governing body to the EOC during times of

disaster if necessary.


2. If the primary EOC is determined inoperable, the governing body will relocate to an alternate

EOC facility as needed.

VIII. ADMINISTRATION AND LOGISTICS

A. Records of expenditures during emergency operations must be maintained by

County and Municipal Governments.

B. Consumer complaints pertaining to alleged unfair or illegal business practices

during emergencies will be referred to the State Attorney General’s Consumer

Protection Division.

C. There will be no discrimination on the grounds of race, color, religion, nationality,

sex, age, or economic status in the execution of disaster preparedness or relief

activities.

D. Agreements and understandings must be entered into by duly authorized

officials and should be formalized in writing, whenever possible, prior to an

emergency situation.

E. Should local government resources prove to be inadequate during emergency

situations, requests for assistance will be made to other jurisdictions, higher

levels of government, and other agencies in accordance with existing or

negotiated mutual-aid agreements. Requests for state and/or federal resources

must be made through the county emergency management coordinator to the

Area 15 emergency management office. From there, such requests are

forwarded to the state EOC.

F. Organizations tasked with responsibilities in the implementation of this plan are

responsible for providing for their own logistical needs and for the preparation

and maintenance of resource lists for use in carrying out their emergency

responsibilities.

IX. PLAN DEVELOPMENT AND MAINTENANCE

A. The county manager will insure the development and annual of review of this

plan by all officials involved and will coordinate necessary revision efforts.

B. Exercise schedules for this plan will be developed by the county emergency

management coordinator. Exercises shall be conducted in accordance with

local, state, and federal policies.

X. AUTHORITIES AND REFERENCES

A. The following authorities and references were consulted in writing this plan.

1. North Carolina General Statutes, Chapter 166-A.

B. The following listed authorities are included in this plan.

1. Polk County Emergency Management Ordinance

2. North Carolina General Statutes, Chapter 166-A

3. North Carolina General Statutes, Chapter 14-288.13-19

4. Established Mutual Aid Agreements


GLOSSARY

AGENCY REPRESENTATIVE – A person assigned by a primary, assisting, or cooperating Federal, State, local

or tribal government agency or private entity that has been delegated authority to make decisions affecting that

agency’s or organization’s participation in incident management activities following appropriate consultation with

the leadership of that agency.

ANNEX (FUNCTIONAL) - Parts of the EOP that begin to provide specific information and direction; should

focus on operations, what the function is and who is responsible for carrying it out, emphasize responsibilities, tasks,

procedures, and operational actions that pertain to the function being covered, including activities to be performed

by anyone with a responsibility under the function. Should clearly define and describe the policies, procedures,

roles and responsibilities inherent in the various functions before, during and after any emergency period.

AREA COMMAND (UNIFIED AREA COMMAND) - An organization established (1) to oversee the

management of multiple incidents that are each being handled by an ICS organization or (2) to oversee the

management of large or multiple incidents to which several Incident Management Teams have been assigned. Area

Command has the responsibility to set overall strategy and priorities, allocate critical resources according to

priorities, ensure that incidents are managed properly, and ensure that objectives are met and strategies followed.

Area Command becomes Unified Area Command when incidents are multi-jurisdictional. Area Command may be

established at an emergency operations center facility or at some location other than an incident command post.

ASSIGNMENTS - Tasks given to resources to perform within a given operational period that are based on

operational objectives defined in the IAP.

SARA ACT – Superfund Amendments and Reauthorization Act of 1986 (see SARA)

CERCLA – The Comprehensive Environmental Response, Compensation, and Liability ACT of 1980 (Superfund)

regarding hazardous substance releases into the environment and the cleanup of inactive hazardous waste disposal

sites; establishes authority to tax chemical and petroleum industries to finance a $1.6 billion response trust fund (the

Superfund or Fund), and provides broad Federal authority to respond directly to release or threatened releases of

hazardous substances and pollutants or contaminants that may endanger public health or welfare or the environment.

EPA is primarily responsible for implementing Superfund. Under CERCLA, EPA may take legal action to force

those responsible for hazardous substance releases to clean them up or to reimburse EPA for costs or cleanup.

Reauthorized via SARA. (codified as: 42 USC 9601 et. Seq.)

CHIEF - the ICS title for individuals responsible for management of functional sections: Operations, Planning,

Logistics, Finance/Administration, and Intelligence (if established as a separate section).

CIVIL AIR PATROL – Volunteer pilots who offer their time and aircraft for emergency use in search and rescue,

messenger service, light transport flights, air borne communications, and reconnaissance support.

COMMAND POST – A centralized base of operations established near the site of a hazardous materials incident.

COMMAND STAFF – In an incident management organization, the Command Staff consists of the Incident

Command and the special staff positions of Public Information Officer, Safety Officer, Liaison Officer, and other

positions as required, who report directly to the Incident Commander. They may have an assistant or assistants, as

needed.

COMMUNITY EMERGENCY COORDINATOR – A person appointed for the local emergency planning

committee (pursuant to SARA), who makes determinations necessary to implement plans, and who receives official

emergency notification of releases.


COMMUNITY INFORMATION COORDINATOR – Official designated by the Committee to receive and

release public requests for facility information required under Title III.

COMPREHENSIVE COOPERATIVE AGREEMENT (CCA) – For each state, a single budgetary vehicle for

applying for and receiving financial assistance for several discrete FEMA – administered programs. Negotiated

separately for each State via FEMA Regional offices. Mechanism for distribution of Title III training grants.

COMPREHENSIVE EMERGENCY MANAGEMENT (CEM) – An integrated approach to the management of

emergency programs and activities for all four emergency phases (mitigation, preparedness, response, and recovery),

for all types of emergencies and disasters (natural, manmade, and attack), and all levels for government (local, State,

and Federal) and the private sector.

CONGREGATE CARE FACILITIES (CCF) – Public or private buildings in the host areas planned for use to

lode and care for evacuees. Generally, assigned space is approximately 40 square feet per person.

CONTINUITY OF GOVERNMENT – Plans and procedures for ensuring the survival and operational capabilities

of governmental processes and lines of succession. This includes the protection and maintenance of agency and

departmental vital records.

DAMAGE ASSESSMENT/ESTIMATION – The conduct of on the scene surveys following any disaster to

determine the amount of loss or damage causes by the incident. Extent of damage is assessed in all types of disasters

such as flash flood, tornado, winter storm, hurricane, nuclear power incident, and chemical explosion.

DEPARTMENT OF CRIME CONTROL & PUBLIC SAFETY (CCPS) – The North Carolina department

responsible for state crime control and disaster preparation and response.

DISASTER – An occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property

resulting from any natural or man-made accidental, military paramilitary cause.

DIVISON OF EMERGENCY MANAGEMENT (EM) – The North Carolina state agency tasked with protecting

the general public from the effects of natural or manmade disasters.

EMERGENCY – Absent a Presidentially declared emergency, any incident(s), human-caused or natural, that

requires responsive action to protect life or property. Under the Robert T. Stafford Disaster Relief and Emergency

Assistance Act, an emergency means any occasion or instance for which, in the determination of the President,

Federal assistance is needed to supplement State and local efforts and capabilities to save lives and to protect

property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States.

EVACUATION – Organized, phased, and supervised withdrawal, dispersal, or removal of civilians from dangerous

or potentially dangerous areas, and their reception and care in safe areas.

EMERGENCY MANAGEMENT – Organized analysis, planning, decision-making, assignment, and coordination

of available resources to the mitigation of, preparedness for, response to, or recovery from major community-wide

emergencies. Refer to local and state emergency legislation.

EMERGENCY MANAGEMENT ASSISTANCE (EMA) –FEMA program of financial contributions to assist the

states and their political subdivisions to develop a capability for civil defense by assisting them on a 50-50 funds-

matching reimbursement basis.

EMERGENCY MANAGEMENT COORDINATOR (EMC) – The Emergency Response person responsible to

the Direction and Control Group for coordinating the response activities of the combined government, industry, and

public forces at work in the disaster.

EMERGENCY MEDICAL SERVICES (EMS) - Local medical response teams, usually rescue squads or local

ambulance services which provide medical services during a disaster.


EMERGENCY OPERATIONS CENTER (EOC) – The protected site from which civil government officials

(municipal, county, State, and Federal) exercise centralized direction and control in an emergency. Operating from

an EOC is a basic emergency management concept. For effective emergency response, all activities must be

centrally directed and coordinated. The person-in-charge of the disaster directs the response from this location, and

all community officials assigned primary emergency response tasks coordinate their actions from this center. The

EOC should have adequate workspace, be supplied with maps, status boards, etc., which are visible to all EOC staff

and have communications capability so that the EOC staff may communicate with their departments and field

forces. The EOC also serves as a Resource Center and coordination point for additional field assistance. The EOC

may be partially activated with key staff persons meeting periodically, or it may be fully activated, thus operating on

a continuous 24 hour basis, depending on the situation.

EMERGENCY OPERATIONS PLAN (EOP) – An all-hazards document, which briefly, clearly, and concisely

specifies actions to be taken or instructions to be given in the event of natural disasters, technological accidents, or

nuclear attack. The plan identifies authorities, relationships and the coordinated actions to be taken based on

predetermined assumptions, objectives, and existing capabilities.

EMERGENCY OPERATIONS EXERCISE – Emergency operations training for Emergency Operation Center

(EOC) personnel, including civil government officials, under conditions of a simulated emergency.

EMERGENCY RESPONSE - The response to any occurrence which results, or is likely to result in a release of a

hazardous substance due to an unforeseen event.

EMERGENCY RESPONSE GUIDEBOOK (ERG) – Published and distributed by the DOT for response

personnel’s initial use on-scene at Haz-Mat events. Latest issue is date “2000”. Earlier editions should be

discarded.

EMERGENCY WORKER – Workers employed during an emergency to work specifically in disaster roles such as

debris removal, engineering services, dike construction, water removal etc. Also any person engaged in operations

required to minimize the effects of a fixed nuclear facility emergency.

ENVIRONMENT – Water, air and land; and the interrelationship which exists among and between them and all

living things.

EPA – U.S. Environmental Protection Agency: Primary CERCLA agency; chair of NRT. Title III Hotline (800)

535-0202; in Washington, D.C. (202) 479-2449, 8:80 a.m. – 4:30 p.m. Monday – Friday (also known as CEPP

Hotline)

EVACUEE – That individual which is moved to an area of less risk.

EXERCISE – Maneuver or simulated emergency condition involving planning, preparation, and Execution; carried

out for the purpose of testing, evaluation, planning, developing, training, and/or demonstrating emergency

management systems and individual components and capabilities, to areas of strength and weakness for

improvement of emergency plan.

EXERCISE SCENARIO – Background detail (domestic, international, political, military, etc.) against which an

exercise is conducted.

EXPOSURE/EXPOSED – When an employee is subjected to a hazardous chemical in the course of entry

(inhalation, ingestion, skin contact or absorption, etc.), and includes potential (e.g., accidental or possible) exposure.

SARA EXTREMELY HAZARDOUS SUBSTANCE – EPA list of 300-plus substances named in Appendix D of

40 CFR Part 300, as described in SARA section 302(a) (2). Section 302, 303 and 304 of CERCLA applies to these

substances. Length of list may be altered by EPA review process.

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) – A federal agency tasked with national

emergency preparedness and disaster response. Responsibilities include assistance in all aspects of community


planning, preparedness and response to the full range of likely disasters and emergencies, including recommendation

for a Presidential declared disaster area and administration of disaster funds. Provides a range of expertise and

administrative skills in community preparedness planning via state emergency offices. It also deals in flood

insurance, temporary emergency housing, training of state and local emergency response personnel and funding of

preparedness projects and functions.

FIRE DEPARTMENT – A paid or voluntary professional fire department with jurisdiction over local emergency

response; receives reports from facilities under Title III.

FLASH FLOOD WARNING – Means a flash flood is imminent with an area, take immediate action.

FLASH FLOOD WATCH – Indicates that a flash flood is possible or probable within an area, stay alert.

FORESEEABLE EMERGENCY – Any potential occurrence such as, but not limited to, equipment failure,

rupture of containers, or failure of control equipment which could result in an uncontrolled release of a hazardous

chemical.

FULL PROTECTIVE CLOTHING - Clothing that will prevent gases, vapors, liquids, and solids from coming in

contact with the skin. Full protective clothing includes the helmet, self-contained breathing apparatus, coast and

pants customarily worn by firefighters (turn-out or bunker coat and pants), rubber boots, gloves, bands around legs,

arms and waist, and face mask, as well as covering for neck, ears and other parts of the head not protected by the

helmet, breathing apparatus, or face mask.

FUNCTION – Function refers to the five major activities in ICS: Command, Operations, Planning, Logistics, and

Finance / Administration. The term function is also used when describing the activity involved, e.g., the planning

function. A sixth function, Intelligence, may be established, if required, to meet incident management needs.

GENERAL STAFF - A group of incident management personnel organized according to function and reporting to

the Incident Commander. The General Staff normally consists of the Operations Section Chief, Planning Section

Chief, Logistics Section Chief, and Finance / Administration Section Chief.

GENERAL STATUTE (GS) – The specific form of state law, codified and recorded for reference.

GROUP – Established to divide the incident management structure into functional areas of operation. Groups are

composed of resources assembled to perform a special function not necessarily within a single geographic division.

Groups, when activated, are located between branches and resources in the Operations Section. (See Division)

HAZARD - Any situation that has the potential for causing damage to life, property, and the environment.

HAZARD ANALYSIS – A process used by emergency managers to identify and analyze crisis potential and

consequences.

HAZARD IDENTIFICATION – The Hazard Identification is part FEMA’s CPG 1-35 of the “Hazard

Identification, Capability Assessment, and Multi-Year Development Plan” (HICA/MYDP, op. CIT) State and local

emergency management organization. The Hazard Identification provides a structured approach for identifying

those hazards judged by local officials to pose a significant threat to their jurisdiction.

HAZMAT HAZARDOUS MATERIAL – Any substance or material in a particular form or quantity, which the

Secretary of Transportation finds, may pose an unreasonable risk to health, safety, and property. Substances so

designated may include explosive, radioactive materials, etiologic agent’s flammable liquids or solids, combustible

liquids or solids, poisons, oxidizing or corrosive materials, and flammable gases. Defined via rule making process,

under authority of PL 93-633.

HAZARDOUS MATERIALS INCIDENT (STATIONARY) – Uncontrolled, unlicensed release of hazardous

materials from a fixed site.


HAZARDOUS MATERIALS RESPONSE TEAM - A team of specially trained personnel who respond to a

hazardous materials incident. The team performs various response actions including assessment, firefighting,

rescue, and containment; not responsible for cleanup operations following an incident.

HAZARDOUS MATERIALS TRANSPORTATION INCIDENT – Uncontrolled, unlicensed release of

hazardous materials during transport outside fixed-site operations.

HAZARDOUS WASTE – Discarded materials that EPA regulates under authority of the Resource Conservation

and Recovery ACT (RCRA) (42 USC 6901 et. Seq.) because of public health and safety concerns. Under RCRA, a

hazardous waste is fully regulated from “cradle to grave” - that is, it’s time of creation until properly discarded.

HURRICANE – Pronounced rotary circulation, constant wind speed of 74 miles per hour (64 knots) or more.

INCIDENT – An occurrence or event, natural or human-caused, that requires an emergency response to protect life

or property. Incidents can, for example, include major disasters, emergencies, terrorist attacks, terrorist threats, wild

land and urban fires, floods, hazardous materials spills, nuclear accidents, aircraft accidents, earthquakes, hurricanes,

tornadoes, tropical storms, war-related disasters, public health and medical emergencies, and other occurrences

requiring an emergency response.

INCIDENT ACTION PLAN (IAP) - An oral or written plan containing general objectives reflecting the overall

strategy for managing an incident. It may include the identification of operational resources and assignments. It

may also include attachments that provide direction and important information for management of the incident

during one or more operational periods.

INCIDENT COMMAND POST (ICP) – The field location at which the primary tactical-level, on-scene incident

command functions are performed. The ICP may be collocated with the incident base or other incident facilities and

is normally identified by a green rotating or flashing light.

Incident Command System - combination of facilities, equipment, personnel, procedures, and communications

operating within a common organizational structure with responsibility for management of assigned resources to

effectively direct and control the response to an incident. Intended to expand as situation requires larger resource,

without requiring new, reorganized command structure.

INCIDENT COMMANDER (IC) – The individual responsible for all incident activities, including the

development of strategies and tactics and the ordering and the release of resources. The IC has overall authority and

responsibility for conducting incident operations and is responsible for the management of all incident operations at

the incident site.

INCIDENT MANAGEMENT TEAM (IMT) – The IC and appropriate Command and General Staff personnel

assigned to an incident.

IN-PLACE SHELTERING – Directing of personnel to remain in a building or seek shelter in a building or

structure, in lieu of evacuation, for protection from a life safety threat, i.e. vapor cloud or explosion. In-place

sheltering is defined as “the indoors sheltering of people to prevent external contact or inhalation of harmful

chemicals.” All air circulating devices should be shut off and windows and doors closed. It is anticipated in-place

sheltering will last a short time, no more than a few hours.

INTEGRATED EMERGENCY MANAGEMENT SYSTEM (IEMS) – A system that allows improved

capability by all levels of government to mitigate, prepare for, respond to, and recover from all disasters or

emergencies. IEMS utilizes a strategy for implementing emergency management activities, which builds upon those

functions that are common to preparedness for any type of occurrence; and which provides for special requirements

of individual emergency situations. Seeks function-based plan annexes, which can be adapted to varied hazard

events.


JOINT INFORMATION CENTER (JIC) – A facility established to coordinate all incident-related public

information activities. It is the central point of contact for all news media at the scene of the incident. Public

information officials from all participating agencies should collocate at the JIC.

JOINT INFORMATION SYSTEM (JIS) – Integrates incident information and public affairs into a cohesive

organization designed to provide consistent, coordinated, timely information during crisis or incident operations.

The mission of the JIS is to provide a structure and system for developing and delivering coordinated interagency

messages; developing, recommending, and executing public information plans and strategies on behalf of the IC;

advising the IC concerning public affairs issues that could affect a response effort; and controlling rumors and

inaccurate information that could undermine public confidence in the emergency response effort.

JURISDICTION – A range or sphere of authority. Public agencies have jurisdiction at an incident related to their

legal responsibilities and authority. Jurisdictional authority at an incident can be political or geographical (e.g., city,

county, tribal, State, or Federal boundary lines) or functional (e.g., law enforcement, public health)

LEPC – The Local Emergency Planning Committee for the Emergency Planning district in which the facility is

located; required by federal law and some state laws to develop contingency plans (for planning districts as set forth

by the State Commission).

LIABILITY – An obligation to do or refrain from doing something; a duty which eventually must be performed; an

obligation to pay money; also used to refer to one’s responsibility for his conduct.

LIABLE – To be responsible for; to be obligated in law. (See liability).

LOGISTICS – Providing resources and other services to support incident management.

LOGISTICS SECTION – The section responsible for providing facilities, services, and material support for the

incident.

MITIGATION – Is an activity that actually eliminates or reduces the probability of a disaster occurrence, or

reduces the effects of a disaster. Mitigation includes such actions as, zoning and land use management, safety and

building codes, flood proofing of buildings, and public education

MULTI-JURISDICTIONAL INCIDENT – An incident requiring action from multiple agencies that each have

jurisdiction to manage certain aspects of an incident. In ICS, these incidents will be managed under Unified

Command.

MUTUAL AID AGREEMENTS – Formal or informal understanding between jurisdictions that pledge exchange

of emergency or disaster assistance.

NOAA – National Oceanic and Atmospheric Administration: central agency in development of CAMEO computer

system for haz-mat response and planning use, especially air-plume and surface-slick dispersion modeling.

Functions under the Department of Commerce. Provides Scientific Support Coordinators (SSC’s) in coastal and

marine areas. SSC’s serve as members of the OSC’s Staff, as scientific and technical advisors. Their capabilities

include contingency planning, surface/subsurface trajectory forecasting, resource risk analysis, technical hazard data

assessment and general communications. The SSC serves as principal point-of-contact for members of the scientific

community.

NATIONAL WARNING SYSTEM (NAWAS) – The Federal Warning System, used to disseminate warnings of

imminent natural disaster of enemy attack into a Regional Warning system which passes it to the State Warning

Points for action.

NATIONAL WEATHER SERVICE (NWS) – A Federal Agency tasked with forecasting weather and providing

appropriate warning of imminent natural disaster such as hurricane, tornadoes, tropical storms, etc.


NATIONAL INCIDENT MANAGEMENT SYSTEM - A system mandated by HSPD-5 ( Homeland Security

Presidential Directive )that provides a consistent nationwide approach for Federal, State, local, and tribal

governments; the private-sector; and nongovernmental organizations to work effectively and efficiently together to

prepare for, respond to, and recover from domestic incidents, regardless of cause, size, or complexity.

NATIONAL RESPONSE PLAN - A plan mandated by HSPD-5 that integrates Federal domestic prevention,

preparedness, response, and recovery plans into one all-discipline, all-hazards plan.

NONGOVERNMENTAL ORGANIZATION - An entity with an association that is based on interests of its

members, individuals, or institutions and that is not created by a government, but may work cooperatively with

government. Such organizations serve a public purpose, not a private benefit. Examples of NGOs include faith-

based charity organizations and the American Red Cross.

ON-SCENE COMMANDER – Official who directly commands and allocates local resources and allocates

supervises all local operations at the scene.

OPERATIONAL PERIOD – The time scheduled for executing a given set of operation actions, as specified in the

Incident Action Plan. Operational periods can be of various lengths, although usually not over 24 hours.

OPERATIONS SECTION – The section responsible for all tactical incident operations. In ICS, it normally

includes subordinate branches, divisions, and/or groups.

PL – Public Law, citation referring to the session of Congress enacting the law followed by a number indicating the

order of that Congress’ laws in which it took effect.

PLANNING SECTON – Responsible for the collection, evaluation, and dissemination of operational information

related to the incident, and for the preparation and documentation of the IAP. This section also maintains

information on the current and forecasted situation and on the status of resources assigned to the incident.

PREPAREDNESS – The range of deliberate, critical tasks and activities necessary to build, sustain, and improve

the operational capability to prevent, protect against, respond to, and recover from domestic incidents. Preparedness

is a continuous process. Preparedness involves efforts at all levels of government and between government and

private-sector and nongovernmental organizations to identify threats, determine vulnerabilities, and identify required

resources. Within the NIMS, preparedness is operationally focused on establishing guidelines, protocols, and

standards for planning, training and exercises, personnel qualification and certification, equipment certification, and

publication management.

PREVENTION – Actions to avoid an incident or to intervene to stop an incident from occurring. Prevention

involves actions to protect lives and property. It involves applying intelligence and other information to a range of

activities that may include such countermeasures as deterrence operations; heightened inspections; improved

surveillance and security operations; investigations to determine the full nature and source of the threat; public

health and agricultural surveillance and testing processes; immunizations, isolation, or quarantine; and, as

appropriate, specific law enforcement operations aimed at deterring, preempting, interdicting, or disrupting illegal

activity and apprehending potential perpetrators and bringing them to justice.

PRIVATE SECTOR – Organizations and entities that are not part of any governmental structure. It includes for-

profit and not-for-profit organizations, formal and informal structures, commerce and industry, and private voluntary

organizations (PVO).

PUBLIC INFORMATION OFFICER (PIO) – On scene official responsible for preparing and coordinating the

dissemination of public information in cooperation with other responding Federal, State, and local government

agencies. Also call Public Affairs Officer (PAO).


QUALIFICATION AND CERTIFICATION – This subsystem provides recommended qualification and

certification standards for emergency responder and incident management personnel. It also allows the development

of minimum standards for resources expected to have an interstate application. Standards typically include training,

currency, experience, and physical and medical fitness.

RECEPTION CENTER – A center established to register evacuees and to assess their needs. If an evacuation is

order, suitable facilities to be used as reception centers must be designated. The centers will be used to register

evacuees for emergency shelters or, if temporary shelter is not required because evacuees will stay elsewhere, to

ascertain where they can be contacted. Persons requiring temporary shelter will be directed to a shelter location.

(Note: Reception and shelter facilities may be at the same location).

RECOVERY – Activity involves assistance to return the community to normal or near-normal conditions. Short-

term recovery returns vital life-support systems to minimum operating standards. Long-term recovery may continue

for a number of years after a disaster and seeks to return life to normal or improved levels. Recovery activities

include temporary housing, reconstruction, and counseling programs.

RESOURCES – Personnel and major items of equipment, supplies, and facilities available or potentially available

for assignment to incident operations and for which status is maintained. Resources are described by kind and type

and may be used in operational support or supervisory capacities at an incident or at an EOC.

RESOURCE MANAGEMENT – Efficient incident management requires a system for identifying available

resources at all jurisdictional levels to enable timely and unimpeded access to resources needed to prepare for,

respond, to, or recover from an incident. Resource management under the NIMS includes mutual-aid agreements;

the use of special Federal, State, local, and tribal teams; and resource mobilization protocols.

RESPONSE – Activities that address the short-term, direct effects of an incident. Response includes immediate

actions to save lives, protect property, and meet basic human needs.

Response also includes the execution of emergency operations plans and of mitigation activities designed to limit

the loss of life, personal injury, property damage, and other unfavorable outcomes. As indicated by the situation,

response activities include applying intelligence and other information to lessen the effects or consequences of an

incident; increased security operations; continuing investigations into nature and source of the threat; ongoing public

health and agricultural surveillance and testing processes; immunizations, isolation, or quarantine; and specific law

enforcement operations aimed at preempting, interdicting, or disrupting illegal activity, and apprehending actual

perpetrators and bringing them to justice.

RISK – The probability that damage to life, property, and the environment will occur.

RISK ANALYSIS – Assesses probability of damage (or injury) due to hazardous materials release and actual

damage (or injury) that might occur, in light of the hazard analysis and vulnerability analysis. Some planners may

choose to analyze worst-case scenarios. Use the Chemical Profiles in the CEPP technical guidance or a similar

guide to obtain information.

RISK AREA – An area considered likely to be affected by a release of a toxic chemical. Risk areas are based on

recommended isolation distances (i.e., one-half mile radius in all directions and one mile downwind), identifiable

land features (streets, addresses, rivers, etc) and predominate wind directions.

RUMOR CONTROL CENTER – A center established to provide a contact point for the public to call for

additional information. The center is located adjacent to the JPIC.

SAFETY OFFICER – A member of the Command Staff responsible for monitoring and assessing safety hazards or

unsafe situations and for developing measures for ensuring personnel safety.

SARA – Superfund Amendments and Reauthorization Act of 1986 (Pl 99-49.9). Extends and revises Superfund

authority (in Title I & II). Title III of Sara includes detailed provisions for community planning and Right-To-Know

systems.


SECTION – The organizational level having responsibility for a major functional area of incident management,

e.g., Operations, Planning, Logistics, Finance / Administration, and Intelligence (if established). The section is

organizationally situated between the branch and the Incident Command.

SEPC – State Emergency Planning Committee for the state in which the facility is located. Oversees local

committees’ information and operations; approves submitted local response plans; intermediary between Federal

and local officials in SARA compliance. See “SERC”.

SERC – State Emergency Response Commission designated by the Governor, responsible for establishing haz-mat

planning districts and appointing/overseeing Local Emergency Planning Committees.

SHELTER – A facility to house, feed, and care for persons evacuated from a risk area for periods of one or more

days. For the risk areas the primary shelter and the reception center are usually located in the same facility.

SHELTER MANAGER – An individual who provides for internal organization, administration and operation of a

shelter facility.

SPAN OF CONTROL - the number of individuals a supervisor is responsible for, usually expressed as the ratio of

supervisors to individuals. (Under the NIMS, an appropriate span of control is between 1:3 and 1:7).

STAGING AREA – A pre-selected location having large parking areas such as a major shopping area, schools, etc.

The area is a base for the assembly of persons to be moved by public transportation to host jurisdiction and a

debunking area for returning evacuees. Several of these areas should be designated to each evacuating jurisdiction.

STANDARD OPERATING PROCEDURES (SOP) – Set of instructions having the force of a directive, covering

features of operations which lend themselves to a definite or standardized procedure without loss of effectiveness,

and implemented without a specific direct order from higher authority.

STATE EMERGENCY OPERATIONS PLAN – Plan designated specifically for State-level response to

emergencies or major disasters; which sets forth actions to be taken by the State and local governments, including

those for implementing Federal disaster assistance. (See EOP, op.cit)

STATE EMERGENCY RESPONSE TEAM (SERT) – A team of emergency response personnel from the

Department of Crime Control and Public safety who are dispatched to the scene of a disaster in order to evaluate

conditions, offer advice, and coordinate all recovery activities.

STATE WARNING POINT (SWP) – The State Facility (State Highway Patrol Communications Center) that

receives warnings and other emergency information over NAWAS and relays this information in accordance with

current directives.

STRIKE TEAM – A set number of resources of the same kind and type that have an established minimum number

of personnel.

TERRORISM - Under the Homeland Security Act of 2002, terrorism is defined as activity that involves an act

dangerous to human life or potentially destructive of critical infrastructure or key resources and is a violation of the

criminal laws of the United States or of any State or other subdivision of the United States in which it occurs and is

intended to intimidate or coerce the civilian population or influence a government of affect the conduct of a

government by mass destruction, assassination, or kidnapping. See Section 2 (15), Homeland Security Act of 2002,

Pub. L. 107-296, 116 Stat. 213 5 (2002)

THREAT – An indication of possible violence, harm, or danger.

TRAFFIC CONTROL POINT (SWP) – Places along evacuation routes that are manned to direct and control

movement to and from the area being evacuated.

TROPICAL DEPRESSION – Rotary circulation at surface, highest constant wind 38 miles per hour (33 knots).


TROPICAL DISTURBANCE – A moving area of thunderstorms in the Tropics that maintains its identity for 24-

hours or more. A common phenomenon in the Tropics.

TROPICAL STORM – Distinct rotary circulation, constant wind speed ranges 39 -73 miles per hour (34 – 63

knots).

TORNADO – Spawned by hurricanes sometimes produces severe damage and casualties. If a tornado is reported in

your area, a warning will be issued.

TYPE – A classification of resources in the ICS that refers to capability. Type 1 is generally considered to be more

capable than Types 2,3,or 4, respectively, because of size; power; capacity; or, in the case of incident management

teams, experience and qualifications.

UNIFIED COMMAND – An application of ICS used when there is more than one agency with incident

jurisdiction or when incidents cross-political jurisdictions. Agencies work together through the designated members

of the UC, often the senior person from agencies and/or disciplines participating in the UC, to establish a common

set of objectives and strategies and a single IAP.

UNIT – The organizational element having functional responsibility for a specific incident planning, logistics, or

finance / administration activity.

UNITY OF COMMAND – The concept by which each person within an organization reports to one and only one

designated person. The purpose of unity of command is to ensure unity of effort under one responsible commander

for every objective.

VOLUNTEER – For purposes of the NIMS, a volunteer is any individual accepted to perform services by the lead

agency, which has authority to accept volunteer services, when the individual performs services without promise,

expectation, or receipt of compensation for services performed. See e.g., 16 U.S.C. 742f(c) and 29 CFR 553.101.

VULNERABILITY – The susceptibility to life, property, and the environment to damage if a hazard manifests its

potential.

VULNERABILITY ANALYSIS – Identifies what is susceptible to damage. Should provide information on:

extent of the vulnerable zone; private and public property that may be damaged, including essential support systems

and transportation corridors; and environment that may be affected, and impact on sensitive natural areas and

endangered species. Refer to the CEPP technical guidance or DOT’s Emergency Response Guidebook to obtain

information on the vulnerable zone for a hazardous materials release. A standard vulnerability analysis has been

developed by EPA to assist Communities in addressing sec. 303 of Title III.

WARNING – The alerting of emergency response personnel and the public to the threat of extraordinary danger

and the related effects of natural disasters and acts of civil disturbance of war.

WARNING POINT – A facility that receives warning and other information and disseminates or relays this

information in accordance with a prearranged plan.

WARNING SIGNAL – An audible signal, sounded on public outdoor warning devices.


ACRONYMS AND ABBREVIATIONS

ALS - Advanced Life Support

ARC – American Red Cross

ARES – Amateur Radio Emergency Services

CCA – Comprehensive Cooperative Agreement

CCF – Congregate Care Facility

CCPS – Crime Control & Public Safety (NC Department of)

CEM – Comprehensive Emergency Management

CERCLA – Comprehensive Environmental Response, Compensation, and Liability Act

CFR – Code of Federal regulations

COG – Continuity of Government; also Council of governments

CPG – Civil Preparedness Guide

DAO – Damage Assessment Officer

DCI – Division of Criminal Information (formerly Police information Network)

DHR – Department of Human Resources

DOC - Department Operations Center

DOD – Department of Defense

DOE – Department of Energy

DOJ – Department of Justice

DOT – Department of Transportation

DSS – Department of Social Services

EBS – Emergency Broadcast System

EHNR – Environment, Health, & Natural Resources (formerly NRCD)

EHS – Extremely Hazardous Substances

EM – Emergency Management

EMA – Emergency Management Assistance (Federal program)

EMAC - Emergency Management Assistance Compact

EMC – Emergency Management Coordinator


EMS – Emergency Medical Service

EMT – Emergency Medical Technician

EOC – Emergency Operations Center

EOP – Emergency Operations Plan

EPI – Emergency Public Information

FCC – Federal Communications Commission

FOG - Field Operations Guide

FEMA – Federal Emergency Management Agency

FRC – FEMA Regional Coordinator

GIS - Geographic Information System

GS – General Statute

HAZMAT – Hazardous Materials

HICA/YDP – Hazardous identification, Capability Assessment/Multi-Year Development Plan

HSPD-5 -Homeland Security Presidential Directive-5

IAP - Incident Action Plan

IC – Incident Commander

ICS – Incident Command System

IEMS – Integrated Emergency Management System

IMT - Incident Management Team

JIC - Joint Information Center

JIS - Joint Information System

LEPC – Local Emergency Planning Committee

MR – Milliroentgen

NAWAS – National Warning System

NCDSS – North Carolina Division of Social Services

NCEM – North Carolina Division of Emergency Management

NCERC – North Carolina Emergency Response Commission

NCGS – North Carolina General Statutes


NCNG – North Carolina National Guard

NCP – National Contingency Plan

NFPA – National Fire Protection association

NHFC – National Hurricane Forecast Center

NIMS – National Incident Management System

NGO - Nongovernmental Organization

NOAA – National Oceanic and Atmospheric Administration

NRP – National Response Plan

NWS – National Weather Service

OSC – On Scene Coordinator

OSHA – Occupational Safety and Health Act

PIC – Public Information Officer

RADPRO – Radiation Protection

RC – Radiological Officer

SAR – Search and Rescue

SARA – Superfund Amendments and Reauthorization Act

SBI – State Bureau of Investigation

SERC – State Emergency Response Commission (see NCERC)

SERT – State Emergency Response Team

SOP – Standard Operating Procedure

SITREP- Situation Report

SWP – State Warning Point

UC - Unified Command

USCG – United States Coast Guard

WERS – Weapons Effect Reporting Station

WMD – Weapons of Mass Destruction


LAWS AND ORDINANCES

Chapter 166A.

North Carolina Emergency Management Act. Article 1.

North Carolina Emergency Management Act of 1977.

§§ 166A-1: Repealed by Session Laws 2012-12, s. 1(a), effective October 1, 2012.






§§ 166A-6.01: Repealed by Session Laws 2012-12, s. 1(a), effective October 1, 2012.



§ 166A-6.1: Recodified as G.S. 166A-29 by Session Laws 2012-12, s. 1(a), effective October 1, 2012.

§ 166A-7: Repealed by Session Laws 2012-12, s. 1(a), effective October 1, 2012.









§ 166A-15.1: Repealed by Session Laws 2012-12, s. 1(a), effective October 1, 2012.



§ 166A-18: Repealed by Session Laws 2012-12, s. 1(a), effective October 1, 2012. NC General Statutes - Chapter

166A 2 Article 1A.

North Carolina Emergency Management Act.

Part 1. General Provisions.

§ 166A-19. Short title. This Article may be cited as "North Carolina Emergency Management Act." (1977, c. 848, s. 2; 1979, 2nd Sess., c.

1310, s. 2; 1995, c. 509, s. 120; 2012-12, s. 1(b).)

§ 166A-19.1. Purposes. The purposes of this Article are to set forth the authority and responsibility of the Governor, State agencies, and

local governments in prevention of, preparation for, response to, and recovery from natural or man-made

emergencies or hostile military or paramilitary action and to do the following:

(1) Reduce vulnerability of people and property of this State to damage, injury, and loss of life and property.

(2) Prepare for prompt and efficient rescue, care, and treatment of threatened or affected persons.

(3) Provide for the rapid and orderly rehabilitation of persons and restoration of property.

(4) Provide for cooperation and coordination of activities relating to emergency mitigation, preparedness, response,

and recovery among agencies and officials of this State and with similar agencies and officials of other states, with

local and federal governments, with interstate organizations, and with other private and quasi-official organizations.

(1959, c. 337, s. 1; 1975, c. 734, s. 1; 1977, c. 848, s. 2; 1995, c. 509, s. 121; 2012-12, s. 1(b).)

§ 166A-19.2. Limitations. Nothing in this Article shall be construed to do any of the following:

(1) Interfere with dissemination of news or comment on public affairs; but any communications facility or

organization, including, but not limited to, radio and television stations, wire services, and newspapers may be

requested to transmit or print public service messages furnishing information or instructions in connection with an

emergency, disaster, or war.

(2) Limit, modify, or abridge the authority of the Governor to declare martial law or exercise any other powers

vested in the Governor under the North Carolina Constitution, statutes, or common law of this State independent of,


or in conjunction with, any provisions of this Article. (1975, c. 734, s. 2; 1977, c. 848, s. 2; 1995, c. 509, s. 122;

2012-12, s. 1(b).)

§ 166A-19.3. Definitions. The following definitions apply in this Article:

(1) Account. – The State Emergency Response Account established in G.S. 166A-19.42.

(2) Chair of the board of county commissioners. – The chair of the board of county commissioners or, in case of the

chair's absence or disability, the person authorized to act in the chair's stead. Unless the governing body of the

county has specified who is to act in lieu of the chair with respect to a particular power or duty set out in this Article,

this term shall mean the person generally authorized to act in lieu of the chair.

(3) Disaster declaration. – A gubernatorial declaration that the impact or anticipated impact of an emergency

constitutes a disaster of one of the types enumerated in G.S. 166A-19.21(b). NC General Statutes - Chapter 166A 3

(4) Division. – The Division of Emergency Management established in Subpart A of Part 5 of Article 13 of Chapter

143B of the General Statutes.

(5) Eligible entity. – Any political subdivision. The term also includes an owner or operator of a private nonprofit

utility that meets the eligibility criteria set out in this Article.

(6) Emergency. – An occurrence or imminent threat of widespread or severe damage, injury, or loss of life or

property resulting from any natural or man-made accidental, military, paramilitary, weather-related, or riot-related

cause.

(7) Emergency area. – The geographical area covered by a state of emergency.

(8) Emergency management. – Those measures taken by the populace and governments at federal, State, and local

levels to minimize the adverse effect of any type emergency, which includes the never-ending preparedness cycle of

planning, prevention, mitigation, warning, movement, shelter, emergency assistance, and recovery.

(9) Emergency management agency. – A State or local governmental agency charged with coordination of all

emergency management activities for its jurisdiction.

(10) Hazard risk management. – The systematic application of policies, practices, and resources to the identification,

assessment, and control of risk associated with hazards affecting human health and safety and property. Hazard, risk,

and cost-benefit analysis are used to support development of risk reduction options, program objectives, and

prioritization of issues and resources.

(11) Mayor. – The mayor or other chief executive official of a municipality or, in case of that person's absence or

disability, the person authorized to act in that person's stead. Unless the governing body of the municipality has

specified who is to act in lieu of the mayor with respect to a particular power or duty set out in this Article, the term

shall mean the person generally authorized to act in lieu of the mayor.

(12) Political subdivision. – Counties and incorporated cities, towns, and villages.

(13) Preliminary damage assessment. – The initial estimate prepared by State, local, or federal emergency

management workers used to determine the severity and magnitude of damage caused by an emergency.

(14) Private nonprofit utility. – A utility that would be eligible for federal public assistance disaster funds pursuant

to 44 C.F.R. Part 206.

(15) Secretary. – The Secretary of the Department of Public Safety.

(16) Stafford Act. – The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Pub. L. No. 93-288, 88

Stat. 143, codified generally at 42 U.S.C. § 5121, et seq., as amended.

(17) State Acquisition and Relocation Fund. – State funding for supplemental grants to homeowners participating in

a federal Hazard Mitigation Grant Program Acquisition and Relocation Program. These grants are used to acquire

safe, decent, and sanitary housing by paying the difference between the cost of the home acquired under the federal

Hazard Mitigation Grant Program Acquisition and Relocation Program and the cost of a comparable home located

outside the 100-year floodplain.

(18) State Emergency Response Team. – The representative group of State agency personnel designated to carry out

the emergency management support functions identified in the North Carolina Emergency Operations Plan. The

State Emergency Response Team leader shall be the Director of the Division, who shall have authority to manage

the Team pursuant to G.S. NC General Statutes - Chapter 166A 4

166A-19.12(1), as delegated by the Governor. The Team shall consist of the following State agencies:

a. Department of Public Safety.

b. Department of Transportation.

c. Department of Health and Human Services.

d. Department of Environment and Natural Resources.

e. Department of Agriculture and Consumer Services.

f. Any other agency identified in the North Carolina Emergency Operations Plan.


(19) State of emergency. – A finding and declaration by any of the following authorities that an emergency exists:

a. The Governor, acting under the authority of G.S. 166A-19.20.

b. The General Assembly, acting under the authority of G.S. 166A-19.20.

c. The governing body of a municipality or the mayor of a municipality, acting under the authority of G.S. 166A-

19.22.

d. The governing body of a county or the chair of the board of commissioners of a county, acting under the authority

of G.S. 166A-19.22. (1951, c. 1016, s. 2; 1953, c. 1099, s. 1; 1955, c. 387, s. 1; 1975, c. 734, ss. 4-6, 14; 1977, c.

848, s. 2; 1979, 2nd Sess., c. 1310, s. 2; 1995, c. 509, s. 123; 2001-214, s. 1; 2006-66, ss. 6.5(c), (d); 2009-193, ss. 1,

2; 2009-397, s. 2; 2012-12, s. 1(b); 2012-90, s. 10.)

§ 166A-19.4: Reserved for future codification purposes.






Part 2. State Emergency Management.

§ 166A-19.10. Powers of the Governor. (a) State Emergency Management Program. – The State Emergency Management Program includes all aspects of

preparations for, response to, recovery from, and mitigation against war or peacetime emergencies.

(b) Powers of the Governor. – The Governor is authorized and empowered to do the following:

(1) To exercise general direction and control of the State Emergency Management Program and to be responsible for

carrying out the provisions of this Article, other than those provisions that confer powers and duties exclusively on

local governments.

(2) To make, amend, or rescind the necessary orders, rules, and regulations within the limits of the authority

conferred upon the Governor herein, with due consideration of the policies of the federal government. NC General

Statutes - Chapter 166A 5

(3) To delegate any authority vested in the Governor under this Article and to provide for the subdelegation of any

such authority.

(4) To cooperate and coordinate with the President and the heads of the departments and agencies of the federal

government, and with other appropriate federal officers and agencies, and with the officers and agencies of other

states and local units of government in matters pertaining to the emergency management of the State and nation.

(5) To enter into agreements with the American National Red Cross, Salvation Army, Mennonite Disaster Service,

and other disaster relief organizations.

(6) To make, amend, or rescind mutual aid agreements in accordance with G.S. 166A-19.72.

(7) To utilize the services, equipment, supplies, and facilities of existing departments, offices, and agencies of the

State and of the political subdivisions thereof. The officers and personnel of all such departments, offices, and

agencies are required to cooperate with and extend such services and facilities to the Governor upon request. This

authority shall extend to a state of emergency declared pursuant to G.S. 166A-19.20, to the imminent threat of an

emergency that will likely require an emergency to be declared pursuant to G.S. 166A-19.20, or to emergency

management planning and training purposes.

(8) To agree, when required to obtain federal assistance in debris removal, that the State will indemnify the federal

government against any claim arising from the removal of the debris.

(9) To sell, lend, lease, give, transfer, or deliver materials or perform services for emergency purposes on such terms

and conditions as may be prescribed by any existing law, and to account to the State Treasurer for any funds

received for such property.

(10) In an emergency, or when requested by the governing body of a political subdivision in the State, to assume

operational control over all or any part of the emergency management functions within this State. (1951, c. 1016, ss.

3, 9; 1953, c. 1099, s. 3; 1955, c. 387, ss. 2, 3, 5; 1957, c. 950, s. 5; 1975, c. 734, ss. 9, 10, 14, 16; 1977, c. 848, s. 2;

1979, 2nd Sess., c. 1310, s. 2; 1995, c. 509, s. 124; 2001-214, s. 2; 2002-179, s. 12; 2009-192, s. 1; 2009-193, s. 3;

2009-196, s. 1; 2009-225, s. 1; 2011-145, s. 19.1(g); 2012-12, s. 1(b).)

§ 166A-19.11. Powers of the Secretary of Public Safety. The Secretary shall be responsible to the Governor for State emergency management activities. The Secretary shall

have the following powers and duties as delegated by the Governor:

(1) To activate the State and local plans applicable to the areas in question and to authorize and direct the

deployment and use of any personnel and forces to which the plan or plans apply, and the use or distribution of any

supplies, equipment, materials, and facilities available pursuant to this Article or any other provision of law.


(2) To adopt the rules to implement those provisions of this Article that deal with matters other than those that are

exclusively local.

(3) To develop a system to produce a preliminary damage assessment from which the Secretary will recommend the

appropriate level of disaster declaration to the Governor. The system shall, at a minimum, consider whether the

damage involved and its effects are of such a severity and NC General Statutes - Chapter 166A 6 magnitude as to be

beyond the response capabilities of the local government or political subdivision.

(4) Additional authority, duties, and responsibilities as may be prescribed by the Governor. The Secretary may

subdelegate his authority to the appropriate member of the Secretary's department. (1951, c. 1016, ss. 3, 9; 1953, c.

1099, s. 3; 1955, c. 387, ss. 2, 3, 5; 1957, c. 950, s. 5; 1975, c. 734, ss. 9, 10, 14, 16; 1977, c. 848, s. 2; 1979, 2nd

Sess., c. 1310, s. 2; 1995, c. 509, s. 124; 2001-214, s. 2; 2002-179, s. 12; 2009-192, s. 1; 2009-193, s. 3; 2009-196, s.

1; 2009-225, s. 1; 2011-145, s. 19.1(g); 2012-12, s. 1(b).)

§ 166A-19.12. Powers of the Division of Emergency Management. The Division of Emergency Management shall have the following powers and duties as delegated by the Governor

and Secretary of Public Safety:

(1) Coordination of the activities of all State agencies for emergency management within the State, including

planning, organizing, staffing, equipping, training, testing, and activating and managing the State Emergency

Response Team and emergency management programs.

(2) Preparation and maintenance of State plans for emergencies. The State plans or any parts thereof may be

incorporated into department regulations and into executive orders of the Governor.

(3) Coordination with the State Health Director to amend or revise the North Carolina Emergency Operations Plan

regarding public health matters. At a minimum, the revisions to the Plan shall provide for the following:

a. The epidemiologic investigation of a known or suspected threat caused by nuclear, biological, or chemical agents.

b. The examination and testing of persons and animals that may have been exposed to a nuclear, biological, or

chemical agent.

c. The procurement and allocation of immunizing agents and prophylactic antibiotics.

d. The allocation of the Strategic National Stockpile.

e. The appropriate conditions for quarantine and isolation in order to prevent further transmission of disease.

f. Immunization procedures.

g. The issuance of guidelines for prophylaxis and treatment of exposed and affected persons.

(4) Establishment of a voluntary model registry for use by political subdivisions in identifying functionally and

medically fragile persons in need of assistance during an emergency. All records, data, information, correspondence,

and communications relating to the registration of persons with special needs or of functionally and medically

fragile persons obtained pursuant to this subdivision are confidential and are not a public record pursuant to G.S.

132-1 or any other applicable statute, except that this information shall be available to emergency response agencies,

as determined by the local emergency management director. This information shall be used only for the purposes set

forth in this subdivision.

(5) Promulgation of standards and requirements for local plans and programs consistent with federal and State laws

and regulations, determination of eligibility for State financial assistance provided for in G.S. 166A-19.15, and

provision of technical assistance to local governments. Standards and requirements for local plans and programs

promulgated under this NC General Statutes - Chapter 166A 7 subdivision shall be reviewed by the Division at least

biennially and updated as necessary.

(6) Development and presentation of training programs, including the Emergency Management Certification

Program established under Article 5 of this Chapter, and public information programs to insure the furnishing of

adequately trained personnel and an informed public in time of need.

(7) Making of such studies and surveys of the resources in this State as may be necessary to ascertain the capabilities

of the State for emergency management, maintaining data on these resources, and planning for the most efficient use

thereof.

(8) Coordination of the use of any private facilities, services, and property.

(9) Preparation for issuance by the Governor of executive orders, declarations, and regulations as necessary or

appropriate.

(10) Cooperation and maintenance of liaison with the other states, the federal government, and any public or private

agency or entity in achieving any purpose of this Article and in implementing programs for emergency or war

prevention, preparation, response, and recovery.

(11) Making recommendations, as appropriate, for zoning, building, and other land-use controls, and safety

measures for securing mobile homes or other nonpermanent or semipermanent works designed to protect against or

mitigate the effects of an emergency.


(12) Coordination of the use of existing means of communications and supplementing communications resources

and integrating them into a comprehensive State or State-federal telecommunications or other communications

system or network.

(13) Administration of federal and State grant funds provided for emergency management purposes, including those

funds provided for planning and preparedness activities by emergency management agencies.

(14) Serving as the lead State agency for the coordination of information and resources for hazard risk management,

which shall include the following responsibilities:

a. Coordinating with other State agencies and county governments in conducting hazard risk analysis. To the extent

another State agency has primary responsibility for the adoption of hazard mitigation standards, those standards

shall be applied in conducting a hazard risk analysis.

b. Establishing and maintaining a hazard risk management information system and tools to display natural hazards

and vulnerabilities and conducting risk assessment.

c. Acquiring and leveraging all natural hazard data generated or maintained by State agencies and county

governments.

d. Acquiring and leveraging all vulnerability data generated or maintained by State agencies and county

governments.

e. Maintaining a clearinghouse for methodologies and metrics for calculating and communicating hazard probability

and loss estimation.

(15) Utilizing and maintaining technology that enables efficient and effective communication and management of

resources between political subdivisions, State agencies, and other governmental entities involved in emergency

management activities. NC General Statutes - Chapter 166A 8

(16) Establishing and operating a 24-hour Operations Center to serve as a single point of contact for local

governments to report the occurrence of emergency and disaster events and to coordinate local and State response

assets.

(17) Developing, maintaining, and implementing plans for response to any emergency occurring at a fixed nuclear

power generating facility located in or near the borders of the State of North Carolina.

(18) Maintaining the State Emergency Operations Center as the facility to house the State Emergency Response

Team whenever it is activated for disaster response.

(19) Serving as the agency responsible for the management of intrastate and interstate mutual aid planning,

implementation, and resource procurement necessary for supporting emergency response and recovery.

(20) Coordination with the Commissioner of Agriculture, or the Commissioner's designee, to amend or revise the

North Carolina Emergency Operations Plan regarding agricultural matters. At a minimum, the revisions to the Plan

shall provide for the following:

a. The examination and testing of animals that may have been exposed to a nuclear, biological, or chemical agent.

b. The appropriate conditions for quarantine and isolation of animals in order to prevent further transmission of

disease. (1951, c. 1016, ss. 3, 9; 1953, c. 1099, s. 3; 1955, c. 387, ss. 2, 3, 5; 1957, c. 950, s. 5; 1975, c. 734, ss. 9,

10, 14, 16; 1977, c. 848, s. 2; 1979, 2nd Sess., c. 1310, s. 2; 1995, c. 509, s. 124; 2001-214, s. 2; 2002-179, s. 12;

2009-192, s. 1; 2009-193, s. 3; 2009-196, s. 1; 2009-225, s. 1; 2011-145, s. 19.1(g); 2012-12, s. 1(b); 2012-90, ss.

11, 12.)



Part 3. Local Emergency Management.

§ 166A-19.15. County and municipal emergency management. (a) Governing Body of Counties Responsible for Emergency Management. – The governing body of each county is

responsible for emergency management within the geographical limits of such county. All emergency management

efforts within the county will be coordinated by the county, including activities of the municipalities within the

county.

(b) Counties May Establish and Maintain Emergency Management Agencies. – The governing body of each county

is hereby authorized to establish and maintain an emergency management agency for the purposes contained in G.S.

166A-19.1. The governing body of each county which establishes an emergency management agency pursuant to

this authorization shall appoint a coordinator who will have a direct responsibility for the organization,

administration, and operation of the county program and will be subject to the direction and guidance of such

governing body. In the event that any county fails to establish an emergency management agency, and the Governor,

in the Governor's discretion, determines that a need exists for such an emergency management agency, then the

Governor is hereby empowered to establish an emergency management agency within that county.


(c) Municipalities May Establish and Maintain Emergency Management Agencies. – All incorporated municipalities

are authorized to establish and maintain emergency management agencies subject to coordination by the county.

(d) Joint Agencies Authorized. – Counties and incorporated municipalities are authorized to form joint emergency

management agencies composed of a county and one or NC General Statutes - Chapter 166A 9 more municipalities

within the county's borders, between two or more counties, or between two or more counties and one or more

municipalities within the borders of those counties.

(e) Local Appropriations Authorized. – Each county and incorporated municipality in this State is authorized to

make appropriations for the purposes of this Article and to fund them by levy of property taxes pursuant to G.S.

153A-149 and G.S. 160A-209 and by the allocation of other revenues, use of which is not otherwise restricted by

law.

(f) Additional Powers. – In carrying out the provisions of this Article each political subdivision is authorized to do

the following:

(1) To appropriate and expend funds, make contracts, obtain and distribute equipment, materials, and supplies for

emergency management purposes and to provide for the health and safety of persons and property, including

emergency assistance, consistent with this Article.

(2) To direct and coordinate the development of emergency management plans and programs in accordance with the

policies and standards set by the Division, consistent with federal and State laws and regulations.

(3) To assign and make available all available resources for emergency management purposes for service within or

outside of the physical limits of the subdivision.

(4) To delegate powers in a local state of emergency declared pursuant to G.S. 166A-19.22.

(5) To coordinate the voluntary registration of functionally and medically fragile persons in need of assistance

during an emergency either through a registry established by this subdivision or by the State. All records, data,

information, correspondence, and communications relating to the registration of persons with special needs or of

functionally and medically fragile persons obtained pursuant to this subdivision are confidential and are not a public

record pursuant to G.S. 132-1 or any other applicable statute, except that this information shall be available to

emergency response agencies, as determined by the local emergency management director. This information shall be

used only for the purposes set forth in this subdivision.

(g) County Eligibility for State and Federal Financial Assistance. – Each county which establishes an emergency

management agency pursuant to State standards and which meets requirements for local plans and programs may be

eligible to receive State and federal financial assistance, including State and federal funding appropriated for

emergency management planning and preparedness, and for the maintenance and operation of a county emergency

management program. Such financial assistance is subject to an appropriation being made for this purpose. Where

the appropriation does not allocate appropriated funds among counties, the amount allocated to each county shall be

determined annually by the Division. The size of this allocation shall be based in part on the degree to which local

plans and programs meet State standards and requirements promulgated by the Division, including those relating to

professional competencies of local emergency management personnel. However, in making an allocation

determination, the Division shall, where appropriate, take into account the fact that a particular county may lack

sufficient resources to meet the standards and requirements promulgated by the Division. (1951, c. 1016, s. 6; 1953,

c. 1099, s. 4; 1957, c. 950, s. 2; 1959, c. 337, s. 5; 1973, c. 620, s. 9; 1975, c. 734, ss. 12, 14, 16; 1977, c. 848, s. 2;

1979, 2nd Sess., c. 1310, s. 2; 1995, c. 509, ss. 126, 127; 2009-196, s. 2; 2009-225, s. 2; 2012-12, s. 1(b).)


§ 166A-19.17: Reserved for future codification purposes. NC General Statutes - Chapter 166A 10



Part 4. Declarations of State of Emergency.

§ 166A-19.20. Gubernatorial or legislative declaration of state of emergency. (a) Declaration. – A state of emergency may be declared by the Governor or by a resolution of the General

Assembly, if either of these finds that an emergency exists.

(b) Emergency Area. – An executive order or resolution declaring a state of emergency shall include a definition of

the area constituting the emergency area.

(c) Expiration of States of Emergency. – A state of emergency declared pursuant to this section shall expire when it

is rescinded by the authority that issued it.

(d) Exercise of Powers Not Contingent on Declaration of Disaster Type. – Once a state of emergency has been

declared pursuant to this section, the fact that a declaration of disaster type has not been issued shall not preclude the

exercise of powers otherwise conferred during a state of emergency. (1951, c. 1016, s. 4; 1955, c. 387, s. 4; 1959, c.


284, s. 2; c. 337, s. 4; 1975, c. 734, ss. 11, 14; 1977, c. 848, s. 2; 1979, 2nd Sess., c. 1310, s. 2; 1993, c. 321, s.

181(a); 1995, c. 509, s. 125; 2001-214, s. 3; 2011-145, s. 19.1(g); 2011-183, s. 127(c); 2012-12, s. 1(b).)

§ 166A-19.21. Gubernatorial disaster declaration. (a) Preliminary Damage Assessment. – When a state of emergency is declared pursuant to G.S. 166A-19.20, the

Secretary shall provide the Governor and the General Assembly with a preliminary damage assessment as soon as

the assessment is available.

(b) Declaration of Disaster. – Upon receipt of a preliminary damage assessment, the Governor is authorized to issue

a disaster declaration declaring the impact or anticipated impact of the emergency to constitute a disaster of one of

the following types:

(1) Type I disaster. – A Type I disaster may be declared by the Governor prior to, and independently of, any action

taken by the Small Business Administration, the Federal Emergency Management Agency, or any other federal

agency, if all of the following criteria are met:

a. A local state of emergency has been declared pursuant to G.S. 166A-19.22 and a written copy of the declaration

has been forwarded to the Governor.

b. The preliminary damage assessment meets or exceeds the criteria established for the Small Business

Administration Disaster Loan Program pursuant to 13 C.F.R. Part 123 or meets or exceeds the State infrastructure

criteria set out in G.S. 166A-19.41(b)(2)a.

c. A major disaster declaration by the President of the United States pursuant to the Stafford Act has not been

declared.

(2) Type II disaster. – A Type II disaster may be declared if the President of the United States has issued a major

disaster declaration pursuant to the Stafford Act. The Governor may request federal disaster assistance under the

Stafford Act without making a Type II disaster declaration.

(3) Type III disaster. – A Type III disaster may be declared if the President of the United States has issued a major

disaster declaration under the Stafford Act and either of the following is true:

a. The preliminary damage assessment indicates that the extent of damage is reasonably expected to meet the

threshold established for an increased federal share of disaster assistance under applicable federal law and

regulations. NC General Statutes - Chapter 166A 11

b. The preliminary damage assessment prompts the Governor to call a special session of the General Assembly to

establish programs to meet the unmet needs of individuals, businesses, or political subdivisions affected by the

emergency.

(c) Expiration of Disaster Declarations. –

(1) Expiration of Type I disaster declarations. – A Type I disaster declaration shall expire 60 days after its issuance

unless renewed by the Governor or the General Assembly. Such renewals may be made in increments of 30 days

each, not to exceed a total of 120 days from the date of first issuance. The Joint Legislative Commission on

Governmental Operations shall be notified prior to the issuance of any renewal of a Type I disaster declaration.

(2) Expiration of Type II disaster declarations. – A Type II disaster declaration shall expire twelve months after its

issuance unless renewed by the Governor or the General Assembly. Such renewals may be made in increments of

three months each. A Type II disaster declaration and any renewals of that declaration shall not exceed a total of 24

months. The Joint Legislative Commission on Governmental Operations shall be notified prior to the issuance of

any renewal of a Type II disaster declaration.

(3) Expiration of Type III disaster declarations. – A Type III disaster declaration shall expire 24 months after its

issuance unless renewed by the General Assembly.

(4) Expiration of disaster declarations declared prior to July 1, 2001. – Any state of disaster declared or proclaimed

before July 1, 2001, irrespective of type, shall terminate by a declaration of the Governor or resolution of the

General Assembly. A declaration or resolution declaring or terminating a state of disaster shall be disseminated

promptly by means calculated to bring its contents to the attention of the general public and, unless the

circumstances attendant upon the disaster prevent or impede, promptly filed with the Secretary, the Secretary of

State, and the clerks of superior court in the area to which it applies.

(d) Effect of Disaster Declaration Expiration. – Expiration of a Type II or III disaster declaration shall not affect the

State's obligations under federal-State agreements entered into prior to the expiration of the disaster declaration.

(1951, c. 1016, s. 4; 1955, c. 387, s. 4; 1959, c. 284, s. 2; c. 337, s. 4; 1975, c. 734, ss. 11, 14; 1977, c. 848, s. 2;

1979, 2nd Sess., c. 1310, s. 2; 1993, c. 321, s. 181(a); 1995, c. 509, s. 125; 2001-214, s. 3; 2011-145, s. 19.1(g);

2011-183, s. 127(c); 2012-12, s. 1(b); 2012-90, ss. 7, 8.)

§ 166A-19.22. Municipal or county declaration of state of emergency. (a) Declaration. – A state of emergency may be declared by the governing body of a municipality or county, if either

of these finds that an emergency exists. Authority to declare a state of emergency under this section may also be


delegated by ordinance to the mayor of a municipality or to the chair of the board of county commissioners of a

county.

(b) Emergency Area. – The emergency area shall be determined in accordance with the following:

(1) Unless another subdivision of this subsection is applicable, the emergency area shall not exceed the area over

which the municipality or county has jurisdiction to enact general police-power ordinances. The governing body

declaring the state of emergency may declare that the emergency area includes part or all of the governing body's

jurisdiction. Unless the governing body declaring the state of emergency provides otherwise, the NC General

Statutes - Chapter 166A 12 emergency area includes this entire jurisdiction, subject to the limitations contained in

the other subdivisions in this subsection.

(2) The emergency area of a state of emergency declared by a county shall not include any area within the corporate

limits of any municipality, or within any area of the county over which a municipality has jurisdiction to enact

general police-power ordinances, unless the municipality's governing body or mayor consents to or requests the state

of emergency's application. Such an extension may be with respect to one or more of the prohibitions and

restrictions imposed in that county pursuant to the authority granted in G.S. 166A-19.31 and need not be with

respect to all prohibitions and restrictions authorized by that section.

(3) The board of commissioners or chair of the board of commissioners of any county who has been requested to do

so by a mayor may by declaration extend the emergency area of a state of emergency declared by a municipality to

any area within the county in which the board or chair determines it to be necessary to assist in the controlling of the

emergency within the municipality. The extension may be with respect to one or more of the prohibitions and

restrictions imposed in that mayor's municipality pursuant to the authority granted in G.S. 166A-19.31 and need not

be with respect to all prohibitions and restrictions authorized by that section. Extension of the emergency area

pursuant to this subdivision shall be subject to the following additional limitations:

a. The extension of the emergency area shall not include any area within the corporate limits of a municipality, or

within any area of the county over which a municipality has jurisdiction to enact general police-power ordinances,

unless the mayor or governing body of that other municipality consents to its application.

b. A chair of a board of county commissioners extending the emergency area under the authority of this subdivision

shall take reasonable steps to give notice of its terms to those likely to be affected.

c. The chair of the board of commissioners shall declare the termination of any prohibitions and restrictions

extended pursuant to this subdivision upon the earlier of the following:

1. The chair's determination that they are no longer necessary.

2. The determination of the board of county commissioners that they are no longer necessary.

3. The termination of the prohibitions and restrictions within the municipality.

d. The powers authorized under this subdivision may be exercised whether or not the county has enacted ordinances

under the authority of G.S. 166A-19.31. Exercise of this authority shall not preclude the imposition of prohibitions

and restrictions under any ordinances enacted by the county under the authority of G.S. 166A-19.31.

(c) Expiration of States of Emergency. – Unless an ordinance adopted pursuant to G.S. 166A-19.31 provides

otherwise, a state of emergency declared pursuant to this section shall expire when it is terminated by the official or

governing body that declared it.

(d) Effect of Declaration. – The declaration of a state of emergency pursuant to this section shall activate the local

ordinances authorized in G.S. 166A-19.31 and any and all applicable local plans, mutual assistance compacts, and

agreements and shall also authorize the furnishing of assistance thereunder. (Former G.S. 14-288.13: 1969, c. 869, s.

1; 1993, c. 539, s. 195; 1994, Ex. Sess., c. 24, s. 14(c). Former G.S. 14-288.14: 1969, c. 869, s. 1; 1993, c. 539, s.

NC General Statutes - Chapter 166A 13 196; 1994, Ex. Sess., c. 14, s. 7; c. 24, s. 14(c). Former G.S. 166A-8: 1951,

c. 1016, s. 6; 1953, c. 1099, s. 4; 1957, c. 950, s. 2; 1959, c. 337, s. 5; 1973, c. 620, s. 9; 1975, c. 734, ss. 12, 14, 16;

1977, c. 848, s. 2; 2012-12, s. 1(b).)

§ 166A-19.23. Excessive pricing prohibitions. A declaration issued pursuant to this Article shall trigger the prohibitions against excessive pricing during states of

disaster, states of emergency, or abnormal market disruptions pursuant to G.S. 75-37 and G.S. 75-38. (2012-12, s.

1(b).)







Part 5. Additional Powers During States of Emergency.


§ 166A-19.30. Additional powers of the Governor during state of emergency. (a) In addition to any other powers conferred upon the Governor by law, during a gubernatorially or legislatively

declared state of emergency, the Governor shall have the following powers:

(1) To utilize all available State resources as reasonably necessary to cope with an emergency, including the transfer

and direction of personnel or functions of State agencies or units thereof for the purpose of performing or facilitating

emergency services.

(2) To take such action and give such directions to State and local law enforcement officers and agencies as may be

reasonable and necessary for the purpose of securing compliance with the provisions of this Article and with the

orders, rules, and regulations made pursuant thereto.

(3) To take steps to assure that measures, including the installation of public utilities, are taken when necessary to

qualify for temporary housing assistance from the federal government when that assistance is required to protect the

public health, welfare, and safety.

(4) Subject to the provisions of the State Constitution to relieve any public official having administrative

responsibilities under this Article of such responsibilities for willful failure to obey an order, rule, or regulation

adopted pursuant to this Article.

(b) During a gubernatorially or legislatively declared state of emergency, with the concurrence of the Council of

State, the Governor has the following powers:

(1) To direct and compel the evacuation of all or part of the population from any stricken or threatened area within

the State, to prescribe routes, modes of transportation, and destinations in connection with evacuation; and to control

ingress and egress of an emergency area, the movement of persons within the area, and the occupancy of premises

therein.

(2) To establish a system of economic controls over all resources, materials, and services to include food, clothing,

shelter, fuel, rents, and wages, including NC General Statutes - Chapter 166A 14 the administration and enforcement

of any rationing, price freezing, or similar federal order or regulation.

(3) To regulate and control the flow of vehicular and pedestrian traffic, the congregation of persons in public places

or buildings, lights and noises of all kinds, and the maintenance, extension, and operation of public utility and

transportation services and facilities.

(4) To waive a provision of any regulation or ordinance of a State agency or a political subdivision which restricts

the immediate relief of human suffering.

(5) To perform and exercise such other functions, powers, and duties as are necessary to promote and secure the

safety and protection of the civilian population.

(6) To appoint or remove an executive head of any State agency or institution, the executive head of which is

regularly selected by a State board or commission.

a. Such an acting executive head will serve during the following:

1. The physical or mental incapacity of the regular office holder, as determined by the Governor after such inquiry

as the Governor deems appropriate.

2. The continued absence of the regular holder of the office.

3. A vacancy in the office pending selection of a new executive head.

b. An acting executive head of a State agency or institution appointed in accordance with this subdivision may

perform any act and exercise any power which a regularly selected holder of such office could lawfully perform and

exercise.

c. All powers granted to an acting executive head of a State agency or institution under this section shall expire

immediately:

1. Upon the termination of the incapacity as determined by the Governor of the officer in whose stead the Governor

acts;

2. Upon the return of the officer in whose stead the Governor acts; or

3. Upon the selection and qualification of a person to serve for the unexpired term, or the selection of an acting

executive head of the agency or institution by the board or commission authorized to make such selection, and the

person's qualification.

(7) To procure, by purchase, condemnation, seizure, or by other means to construct, lease, transport, store, maintain,

renovate, or distribute materials and facilities for emergency management without regard to the limitation of any

existing law.

(c) In addition to any other powers conferred upon the Governor by law, during a gubernatorially or legislatively

declared state of emergency, if the Governor determines that local control of the emergency is insufficient to assure

adequate protection for lives and property because (i) needed control cannot be imposed locally because local

authorities responsible for preservation of the public peace have not enacted appropriate ordinances or issued


appropriate declarations as authorized by G.S. 166A-19.31; (ii) local authorities have not taken implementing steps

under such ordinances or declarations, if enacted or declared, for effectual control of the emergency that has arisen;

(iii) the area in which the emergency exists has spread across local jurisdictional boundaries, and the legal control

measures of the jurisdictions are conflicting or uncoordinated to the extent that efforts to protect life and property

are, or unquestionably will be, severely hampered; or (iv) the scale of the emergency NC General Statutes - Chapter

166A 15 is so great that it exceeds the capability of local authorities to cope with it, the Governor has the following

powers:

(1) To impose by declaration prohibitions and restrictions in the emergency area. These prohibitions and restrictions

may, in the Governor's discretion, as appropriate to deal with the emergency, impose any of the types of prohibitions

and restrictions enumerated in G.S. 166A-19.31(b), and may amend or rescind any prohibitions and restrictions

imposed by local authorities. Prohibitions and restrictions imposed pursuant to this subdivision shall take effect in

accordance with the provisions of G.S. 166A-19.31(d) and shall expire upon the earliest occurrence of either of the

following: (i) the prohibition or restriction is terminated by the Governor or (ii) the state of emergency is terminated.

(2) Give to all participating State and local agencies and officers such directions as may be necessary to assure

coordination among them. These directions may include the designation of the officer or agency responsible for

directing and controlling the participation of all public agencies and officers in the emergency. The Governor may

make this designation in any manner which, in the Governor's discretion, seems most likely to be effective. Any law

enforcement officer participating in the control of a state of emergency in which the Governor is exercising control

under this section shall have the same power and authority as a sheriff throughout the territory to which the law

enforcement officer is assigned.

(d) Violation. – Any person who violates any provision of a declaration or executive order issued pursuant to this

section shall be guilty of a Class 2 misdemeanor in accordance with G.S. 14-288.20A. (Former G.S. 14-288.15:

1969, c. 869, s. 1; 1993, c. 539, s. 197; 1994, Ex. Sess., c. 24, s. 14(c). Former G.S. 166A-6: 1951, c. 1016, s. 4;

1955, c. 387, s. 4; 1959, c. 284, s. 2; c. 337, s. 4; 1975, c. 734, ss. 11, 14; 1977, c. 848, s. 2; 1979, 2nd Sess., c. 1310,

s. 2; 1993, c. 321, s. 181(a); 1995, c. 509, s. 125; 2001-214, s. 3; 2011-145, s. 19.1(g); 2011-183, s. 127(c); 2012-90,

s. 1; 2012-12, s. 1(b).)

§ 166A-19.31. Power of municipalities and counties to enact ordinances to deal with states of emergency. (a) Authority to Enact Prohibitions and Restrictions. – The governing body of any municipality or county may enact

ordinances designed to permit the imposition of prohibitions and restrictions within the emergency area during a

state of emergency declared pursuant to G.S. 166A-19.22. Authority to impose by declaration prohibitions and

restrictions under this section, and to impose those prohibitions and restrictions at a particular time as appropriate,

may be delegated by ordinance to the mayor of a municipality or to the chair of the board of county commissioners

of a county.

(b) Type of Prohibitions and Restrictions Authorized. – The ordinances authorized by this section may permit

prohibitions and restrictions:

(1) Of movements of people in public places, including imposing a curfew; directing and compelling the voluntary

or mandatory evacuation of all or part of the population from any stricken or threatened area within the governing

body's jurisdiction; prescribing routes, modes of transportation, and destinations in connection with evacuation; and

controlling ingress and egress of an emergency area, and the movement of persons within the area.

(2) Of the operation of offices, business establishments, and other places to or from which people may travel or at

which they may congregate.

(3) Upon the possession, transportation, sale, purchase, and consumption of alcoholic beverages. NC General


(4) Upon the possession, transportation, sale, purchase, storage, and use of gasoline, and dangerous weapons and

substances, except that this subdivision does not authorize prohibitions or restrictions on lawfully possessed firearms

or ammunition. As used in this subdivision, the term "dangerous weapons and substances" has the same meaning as

it does under G.S. 14-288.1. As used in this subdivision, the term "firearm" has the same meaning as it does under

G.S. 14-409.39(2).

(5) Upon other activities or conditions the control of which may be reasonably necessary to maintain order and

protect lives or property during the state of emergency.

The ordinances authorized by this section need not require or provide for the imposition of all of the types of

prohibitions or restrictions, or any particular prohibition or restriction, authorized by this section during an

emergency but may instead authorize the official or officials who impose those prohibitions or restrictions to

determine and impose the prohibitions or restrictions deemed necessary or suitable to a particular state of

emergency.


(c) When Ordinances Take Effect. – Notwithstanding any other provision of law, whether general or special, relating

to the promulgation or publication of ordinances by any municipality or county, upon the declaration of a state of

emergency by the mayor or chair of the board of county commissioners within the municipality or the county, any

ordinance enacted under the authority of this section shall take effect immediately unless the ordinance sets a later

time. If the effect of this section is to cause an ordinance to go into effect sooner than it otherwise could under the

law applicable to the municipality or county, the mayor or chair of the board of county commissioners, as the case

may be, shall take steps to cause reports of the substance of the ordinance to be disseminated in a fashion that its

substance will likely be communicated to the public in general, or to those who may be particularly affected by the

ordinance if it does not affect the public generally. As soon as practicable thereafter, appropriate distribution or

publication of the full text of any such ordinance shall be made.

(d) When Prohibitions and Restrictions Take Effect. – All prohibitions and restrictions imposed by declaration

pursuant to ordinances adopted under this section shall take effect in the emergency area immediately upon

publication of the declaration unless the declaration sets a later time. For the purpose of requiring compliance,

publication may consist of reports of the substance of the prohibitions and restrictions in the mass communications

media serving the emergency area or other effective methods of disseminating the necessary information quickly. As

soon as practicable, however, appropriate distribution of the full text of any declaration shall be made. This

subsection shall not be governed by the provisions of G.S. 1-597.

(e) Expiration of Prohibitions and Restrictions. – Prohibitions and restrictions imposed pursuant to this section shall

expire upon the earliest occurrence of any of the following:

(1) The prohibition or restriction is terminated by the official or entity that imposed the prohibition or restriction.

(2) The state of emergency terminates.

(f) Intent to Supplement Other Authority. – This section is intended to supplement and confirm the powers conferred

by G.S. 153A-121(a), G.S. 160A-174(a), and all other general and local laws authorizing municipalities and counties

to enact ordinances for the protection of the public health and safety in times of riot or other grave civil disturbance

or emergency.

(g) Previously Enacted Ordinances Remain in Effect. – Any ordinance of a type authorized by this section

promulgated prior to October 1, 2012, if otherwise valid, continue in full force and effect without reenactment.

(h) Violation. – Any person who violates any provision of an ordinance or a declaration enacted or declared pursuant

to this section shall be guilty of a Class 2 misdemeanor in accordance with G.S. 14-288.20A. (Former G.S. 14-

288.12: 1969, c. 869, s. 1; 1981, c. 412, s. 4(4); c. 747, s. 66; 1989, c. 770, s. 2; 1993, c. 539, s. 194; 1994, Ex. Sess.,

c. 24, s. 14(c); NC General Statutes - Chapter 166A 17 2009-146, s. 1. Former G.S. 14-288.13: 1969, c. 869, s. 1;

1993, c. 539, s. 195; 1994, Ex. Sess., c. 24, s. 14(c). Former G.S. 14-288.16: 1969, c. 869, s. 1. Former G.S. 14-

288.17: 1969, c. 869, s. 1. 2012-12, s. 1(b).)









Part 6. Funding of Emergency Preparedness and Response.

§ 166A-19.40. Use of contingency and emergency funds. (a) Use of Funds for Relief and Assistance. – The Governor may use contingency and emergency funds as necessary

and appropriate to provide relief and assistance from the effects of an emergency and may reallocate such other

funds as may reasonably be available within the appropriations of the various departments when the severity and

magnitude of the emergency so requires and the contingency and emergency funds are insufficient or inappropriate.

(b) Use of Funds for National Guard Training. – In preparation for a state of emergency, with the concurrence of the

Council of State, the Governor may use contingency and emergency funds as necessary and appropriate for National

Guard training in preparation for emergencies. (Former G.S. 166A-5: 1951, c. 1016, ss. 3, 9; 1953, c. 1099, s. 3;

1955, c. 387, ss. 2, 3, 5; 1957, c. 950, s. 5; 1975, c. 734, ss. 9, 10, 14, 16; 1977, c. 848, s. 2; 1979, 2nd Sess., c. 1310,

s. 2; 1995, c. 509, s. 124; 2001-214, s. 2; 2002-179, s. 12; 2009-192, s. 1; 2009-193, s. 3; 2009-196, s. 1; 2009-225,

s. 1; 2011-145, s. 19.1(g). Former G.S. 166A-6: 1951, c. 1016, s. 4; 1955, c. 387, s. 4; 1959, c. 284, s. 2; c. 337, s. 4;

1975, c. 734, ss. 11, 14; 1977, c. 848, s. 2; 1979, 2nd Sess., c. 1310, s. 2; 1993, c. 321, s. 181(a); 1995, c. 509, s.

125; 2001-214, s. 3; 2011-145, s. 19.1(g); 2011-183, s. 127(c); 2012-12, s. 1(b).)

§ 166A-19.41. State emergency assistance funds.


(a) Governor May Make Funds Available for Emergency Assistance. – In the event of a gubernatorially or

legislatively declared state of emergency, the Governor may make State funds available for emergency assistance as

authorized by this section. Any State funds made available by the Governor for emergency assistance may be

administered through State emergency assistance programs which may be established by the Governor upon the

declaration of a state of emergency. It is the intent of the General Assembly in authorizing the Governor to make

State funds available for emergency assistance and in authorizing the Governor to establish State emergency

assistance programs to provide State assistance for recovery from those emergencies for which federal assistance

under the Stafford Act is either not available or does not adequately meet the needs of the citizens of the State in the

emergency area. NC General Statutes - Chapter 166A 18

(b) Emergency Assistance in a Type I Disaster. – In the event that a Type I disaster is declared, the Governor may

make State funds available for emergency assistance in the emergency area in the form of individual assistance and

public assistance as provided in this subsection.

(1) Individual assistance. – State emergency assistance in the form of grants to individuals and families may be

made available when damage meets or exceeds the criteria set out in 13 C.F.R. Part 123 for the Small Business

Administration Disaster Loan Program. Individual assistance grants shall include benefits comparable to those

provided by the Stafford Act and may be provided for the following:

a. Provision of temporary housing and rental assistance.

b. Repair or replacement of dwellings. Grants for repair or replacement of housing may include amounts necessary

to locate the individual or family in safe, decent, and sanitary housing.

c. Replacement of personal property (including clothing, tools, and equipment).

d. Repair or replacement of privately owned vehicles.

e. Medical or dental expenses.

f. Funeral or burial expenses resulting from the emergency.

g. Funding for the cost of the first year's flood insurance premium to meet the requirements of the National Flood

Insurance Act of 1968, as amended, 42 U.S.C. § 4001, et seq.

(2) Public assistance. – State emergency assistance in the form of public assistance grants may be made available to

eligible entities located within the emergency area on the following terms and conditions:

a. Eligible entities shall meet the following qualifications:

1. The eligible entity suffers a minimum of ten thousand dollars ($10,000) in uninsurable losses.

2. The eligible entity suffers uninsurable losses in an amount equal to or exceeding one percent (1%) of the annual

operating budget.

3. For a state of emergency declared pursuant to G.S. 166A-19.20(a) after the deadline established by the Federal

Emergency Management Agency pursuant to the Disaster Mitigation Act of 2002, P.L. 106-390, the eligible entity

shall have a hazard mitigation plan approved pursuant to the Stafford Act.

4. For a state of emergency declared pursuant to G.S. 166A-19.20(a), after August 1, 2002, the eligible entity shall

be participating in the National Flood Insurance Program in order to receive public assistance for flooding damage.

b. Eligible entities shall be required to provide non-State matching funds equal to twenty-five percent (25%) of the

eligible costs of the public assistance grant.

c. An eligible entity that receives a public assistance grant pursuant to this subsection may use the grant for the

following purposes only:

1. Debris clearance.

2. Emergency protective measures.

3. Roads and bridges.

4. Crisis counseling.

5. Assistance with public transportation needs. NC General Statutes - Chapter 166A 19 (c) Emergency Assistance in

a Type II Disaster. – If a Type II disaster is declared, the Governor may make State funds available for emergency

assistance in the emergency area in the form of the following types of grants:

(1) State Acquisition and Relocation Funds.

(2) Supplemental repair and replacement housing grants available to individuals or families in an amount necessary

to locate the individual or family in safe, decent, and sanitary housing, not to exceed twenty-five thousand dollars

($25,000) per family.

(d) Emergency Assistance in a Type III Disaster. – If a Type III disaster is declared, the Governor may make State

funds available for emergency assistance in the emergency area in the form of the following types of grants:

(1) State Acquisition and Relocation Funds.


(2) Supplemental repair and replacement housing grants available to individuals or families in an amount necessary

to locate the individual or family in safe, decent, and sanitary housing, not to exceed twenty-five thousand dollars

($25,000) per family.

(3) Any programs authorized by the General Assembly. (2001-214, s. 4; 2001-487, s. 98; 2002-24, s. 1; 2002-159, s.

57.5; 2006-66, s. 6.5(a); 2012-12, s. 1(b).)

§ 166A-19.42. State Emergency Response Account. (a) Account Established. – There is established a State Emergency Response Account as a reserve in the General

Fund. Any funds appropriated to the Account shall remain available for expenditure as provided by this section,

unless directed otherwise by the General Assembly.

(b) Use of Funds. – The Governor may spend funds from the Account for the following purposes:

(1) To cover the start-up costs of State Emergency Response Team operations for an emergency that poses an

imminent threat of a Type I, Type II, or Type III disaster.

(2) To cover the cost of first responders to a Type I, Type II, or Type III disaster and any related supplies and

equipment needed by first responders that are not provided for under subdivision (1) of this subsection.

All other types of emergency assistance authorized by this Part shall continue to be financed by the funds made

available under G.S. 166A-19.41.

(c) Reporting Requirement. – The Governor shall report to the Joint Legislative Commission on Governmental

Operations and to the Chairs of the Appropriations Committees of the Senate and House of Representatives on any

expenditures from the State Emergency Response Account no later than 30 days after making the expenditure. The

report shall include a description of the emergency and type of action taken. (2006-66, s. 6.5(b); 2012-12, s. 1(b).)






§ 166A-19.48: Reserved for future codification purposes. NC General Statutes - Chapter 166A 20












Part 7. Immunity and Liability.

§ 166A-19.60. Immunity and exemption. (a) Generally. – All functions hereunder and all other activities relating to emergency management as provided for

in this Chapter or elsewhere in the General Statutes are hereby declared to be governmental functions. Neither the

State nor any political subdivision thereof, nor, except in cases of willful misconduct, gross negligence, or bad faith,

any emergency management worker, firm, partnership, association, or corporation complying with or reasonably

attempting to comply with this Article or any order, rule, or regulation promulgated pursuant to the provisions of

this Article or pursuant to any ordinance relating to any emergency management measures enacted by any political

subdivision of the State, shall be liable for the death of or injury to persons, or for damage to property as a result of

any such activity.

(b) Immunity. – The immunity provided to firms, partnerships, associations, or corporations, under subsection (a) of

this section, is subject to all of the following conditions:

(1) The immunity applies only when the firm, partnership, association, or corporation is acting without

compensation or with compensation limited to no more than actual expenses and one of the following applies:

a. Emergency management services are provided at any place in this State during a state of emergency declared by

the Governor or General Assembly pursuant to this Article, and the services are provided under the direction and

control of the Secretary pursuant to G.S. 166A-19.10, 166A-19.11, 166A-19.12, 166A-19.20, 166A-19.30, and

143B-602, or the Governor.


b. Emergency management services are provided during a state of emergency declared pursuant to G.S. 166A-19.22,

and the services are provided under the direction and control of the governing body of a municipality or county

under G.S. 166A-19.31, or the chair of a board of county commissioners under G.S. 166A-19.22(b)(3). NC General


c. The firm, partnership, association, or corporation is engaged in planning, preparation, training, or exercises with

the Division, the Division of Public Health, or the governing body of each county or municipality under G.S. 166A-

19.15 related to the performance of emergency management services or measures.

(2) The immunity shall not apply to any firm, partnership, association, or corporation, or to any employee or agent

thereof, whose act or omission caused in whole or in part the actual or imminent emergency or whose act or

omission necessitated emergency management measures.

(3) To the extent that any firm, partnership, association, or corporation has liability insurance, that firm, partnership,

association, or corporation shall be deemed to have waived the immunity to the extent of the indemnification by

insurance for its negligence. An insurer shall not under a contract of insurance exclude from liability coverage the

acts or omissions of a firm, partnership, association, or corporation for which the firm, partnership, association, or

corporation would only be liable to the extent indemnified by insurance as provided by this subdivision.

(c) No Effect on Benefits. – The rights of any person to receive benefits to which the person would otherwise be

entitled under this Article or under the Workers' Compensation Law or under any pension law and the right of any

such person to receive any benefits or compensation under any act of Congress shall not be affected by performance

of emergency management functions.

(d) License Requirements Suspended. – Any requirement for a license to practice any professional, mechanical, or

other skill shall not apply to any authorized emergency management worker who shall, in the course of performing

the worker's duties as such, practice such professional, mechanical, or other skill during a state of emergency.

(e) Definition of Emergency Management Worker. – As used in this section, the term "emergency management

worker" shall include any full or part-time paid, volunteer, or auxiliary employee of this State or other states,

territories, possessions, or the District of Columbia, of the federal government or any neighboring country or of any

political subdivision thereof, or of any agency or organization performing emergency management services at any

place in this State, subject to the order or control of or pursuant to a request of the State government or any political

subdivision thereof. The term "emergency management worker" under this section shall also include any health care

worker performing health care services as a member of a hospital-based or county-based State Medical Assistance

Team designated by the North Carolina Office of Emergency Medical Services and any person performing

emergency health care services under G.S. 90-12.2.

(f) Powers of Individuals Operating Pursuant to Mutual Aid Agreements. – Any emergency management worker, as

defined in this section, performing emergency management services at any place in this State pursuant to

agreements, compacts, or arrangements for mutual aid and assistance to which the State or a political subdivision

thereof is a party, shall possess the same powers, duties, immunities, and privileges the person would ordinarily

possess if performing duties in the State, or political subdivision thereof, in which normally employed or rendering

services. (1957, c. 950, s. 4; 1975, c. 734, s. 14; 1977, c. 848, s. 2; 1979, c. 714, s. 2; 1979, 2nd Sess., c. 1310, s. 2;

1995, c. 509, ss. 130, 131; 2002-179, s. 20(b); 2006-81, s. 1; 2008-200, s. 1; 2009-146, s. 2; 2011-145, s. 19.1(g),

(hhh); 2012-12, s. 1(b).)

§ 166A-19.61. No private liability. Any person, firm, or corporation, together with any successors in interest, if any, owning or controlling real or

personal property who, voluntarily or involuntarily, knowingly or unknowingly, with or without compensation,

grants a license or privilege or otherwise permits NC General Statutes - Chapter 166A 22 or allows the designation

or use of the whole or any part or parts of such real or personal property for the purpose of activities or functions

relating to emergency management as provided for in this Chapter or elsewhere in the General Statutes shall not be

civilly liable for the death of or injury to any person or the loss of or damage to the property of any persons where

such death, injury, loss, or damage resulted from, through, or because of the use of the said real or personal property

for any of the above purposes, provided that the use of said property is subject to the order or control of or pursuant

to a request of the State government or any political subdivision thereof. (1957, c. 950, s. 3; 1977, c. 848, s. 2; 2012-

12, s. 1(b); 2012-90, s. 9.)

§ 166A-19.62. Civil liability of persons who willfully ignore a warning in an emergency. In an emergency, a person who willfully ignores a warning regarding personal safety issued by a federal, State, or

local law enforcement agency, emergency management agency, or other governmental agency responsible for

emergency management under this Article is civilly liable for the cost of a rescue effort to any governmental agency

or nonprofit agency cooperating with a governmental agency conducting a rescue on the endangered person's behalf

if all of the following are true:


(1) The person ignores the warning and (i) engages in an activity or course of action that a reasonable person would

not pursue or (ii) fails to take a course of action that a reasonable person would pursue.

(2) As a result of ignoring the warning, the person places himself or herself or another in danger.

(3) A governmental rescue effort is undertaken on the endangered person's behalf. (1997-232, s. 1; 2012-12, s. 1(b).)








Part 8. Miscellaneous Provisions.

§ 166A-19.70. Ensuring availability of emergency supplies and utility services. (a) Executive Order. – In addition to any other powers conferred on the Governor by law, whenever a curfew has

been imposed, the Governor may declare by executive order that the health, safety, or economic well-being of

persons or property in this State require that persons transporting essentials in commerce to the curfew area, or

assisting in ensuring their availability, and persons assisting in restoring utility services, be allowed to enter or

remain in areas from which they would otherwise be excluded for the limited purpose of delivering the essentials,

assisting in ensuring their availability, or assisting in restoring utility services.

(b) Maximum Hours of Service Waiver. – As part of an executive order issued pursuant to subsection (a) of this

section, or independently of such an order, the Governor may declare by executive order that the health, safety, or

economic well-being of persons or property in this NC General Statutes - Chapter 166A 23 State require that the

maximum hours of service prescribed by the Department of Public Safety pursuant to G.S. 20-381 and similar rules

be waived for persons transporting essentials or assisting in the restoration of utility services.

(c) Certification System. – The Secretary shall develop a system pursuant to which a person who transports

essentials in commerce, or assists in ensuring their availability, and persons who assist in the restoring of utility

services can be certified as such. The certification system shall allow for both preemergency declaration and

postemergency declaration certification and may include an annually renewable precertification. The Secretary shall

only allow those who routinely transport or distribute essentials or assist in the restoring of utility services to be

certified. A certification of the employer shall constitute a certification of the employer's employees. The Secretary

shall create an easily recognizable indicium of certification in order to assist local officials' efforts to determine

which persons have received certification by the system established under this subsection.

(d) Presence in Curfew Area Permitted. – Notwithstanding the existence of any curfew, a person who is certified

pursuant to the system established under subsection (c) of this section shall be allowed to enter or remain in the

curfew area for the limited purpose of delivering or assisting in the distribution of essentials or assisting in the

restoration of utility services and shall be allowed to provide service that exceeds otherwise applicable hours of

service maximums, to the extent authorized by an executive order executed pursuant to subsection (a) of this section.

Nothing in this section prohibits law enforcement or other local officials from specifying the permissible route of

ingress or egress for persons with certifications.

(e) Abnormal Market Disruptions with Respect to Petroleum. – If the Governor declares the existence of an

abnormal market disruption with respect to petroleum pursuant to G.S. 75-38(f), the Governor shall

contemporaneously seek all applicable waivers under the federal Clean Air Act, 42 U.S.C. § 7401, et seq., and any

other applicable federal law to facilitate the transportation of fuel within this State in order to address or prevent a

fuel supply emergency in this State. Waiver requests shall be directed to the appropriate federal agencies and shall

seek waivers of the following:

(1) The Reformulated Gasoline requirements throughout the State.

(2) The Federal and State Implementation Plan summertime gasoline requirements (low RVP) throughout the State.

(3) Any other waiver that will, if obtained, facilitate the transportation of fuel within this State.

(f) Definitions. – The following definitions apply in this section:

(1) Curfew. – Any restriction on ingress and egress to the emergency area of a state of emergency or any restriction

on the movement of persons within such an area.

(2) Curfew area. – The area that is subject to a curfew.

(3) Essentials. – Any goods that are consumed or used as a direct result of an emergency or which are consumed or

used to preserve, protect, or sustain life, health, safety, or economic well-being of persons or their property. The

Secretary shall determine what goods constitute essentials for purposes of this section. (2001-214, s. 4; 2001-487, s.

98; 2002-24, s. 1; 2002-159, s. 57.5; 2006-66, s. 6.5(a); 2012-12, s. 1(b).)


§ 166A-19.71. Accept services, gifts, grants, and loans. Whenever the federal government or any agency or officer thereof or of any person, firm, or corporation shall offer

to the State, or through the State to any political subdivision thereof, services, equipment, supplies, materials, or

funds by way of gift, grant, or loan, for emergency management purposes, the State acting through the Governor, or

such political subdivision, acting with the consent of the Governor and through its governing body, may accept such

offer. NC General Statutes - Chapter 166A 24 Upon such acceptance the Governor of the State or governing body of

such political subdivision may authorize any officer of the State or of the political subdivision, as the case may be,

to receive such services, equipment, supplies, materials, or funds on behalf of the State or of such political

subdivision, and subject to the terms of the offer and the rules and regulations, if any, of the agency making the

offer. (1951, c. 1016, s. 8; 1973, c. 803, s. 45; 1975, c. 19, s. 72; c. 734, ss. 13, 14; 1977, c. 848, s. 2; 1979, 2nd

Sess., c. 1310, s. 2; 2012-12, s. 1(b).)

§ 166A-19.72. Establishment of mutual aid agreements. (a) Governor Authorized to Enter Agreements with Other States and Federal Government. – The Governor may

establish mutual aid agreements with other states and with the federal government provided that any special

agreements so negotiated are within the Governor's authority.

(b) Governor Authorized to Enter Agreements with Political Subdivisions. – The Governor may establish mutual aid

agreements with political subdivisions in the State with the concurrence of the subdivision's governing body.

(c) Political Subdivisions Authorized to Enter Agreements with Other Political Subdivisions. – The chief executive

of each political subdivision, with the concurrence of the subdivision's governing body, may develop mutual aid

agreements for reciprocal emergency management aid and assistance. Such agreements shall be consistent with the

State emergency management program and plans.

(d) Political Subdivisions Authorized to Enter Agreements with Political Subdivisions in Other States. – The chief

executive officer of each political subdivision, with the concurrence of the governing body and subject to the

approval of the Governor, may enter into mutual aid agreements with local chief executive officers in other states for

reciprocal emergency management aid and assistance. These agreements shall be consistent with the State

emergency management program and plans.

(e) Terms of Agreements. – Mutual aid agreements may include, but are not limited to, the furnishing or exchange

of such supplies, equipment, facilities, personnel, and services as may be needed; the reimbursement of costs and

expenses for equipment, supplies, personnel, and similar items; and on such terms and conditions as deemed

necessary. (1951, c. 1016, s. 7; 1975, c. 734, ss. 14, 16; 1977, c. 848, s. 2; 1979, 2nd Sess., c. 1310, s. 2; 2009-194,

s. 1; 2012-12, s. 1(b).)

§ 166A-19.73. Compensation. (a) Extent of Compensation. – Compensation for services or for the taking or use of property shall be only to the

extent that legal obligations of individual citizens are exceeded in a particular case and then only to the extent that

the claimant has not been deemed to have volunteered his services or property without compensation.

(b) Limitation; Basis of Compensation. – Compensation for property shall be only if the property was

commandeered, seized, taken, condemned, or otherwise used in coping with an emergency and this action was

ordered by the Governor. The State shall make compensation for the property so seized, taken, or condemned on the

following basis:

(1) In case property is taken for temporary use, the Governor, within 30 days of the taking, shall fix the amount of

compensation to be paid for such damage or failure to return. Whenever the Governor shall deem it advisable for the

State to take title to property taken under this section, the Governor shall forthwith cause the owner of such property

to be notified thereof in writing by registered mail, postage prepaid, or by the best means available, and forthwith

cause to be filed a copy of said notice with the Secretary of State. NC General Statutes - Chapter 166A 25

(2) If the person entitled to receive the amounts so determined by the Governor as just compensation is unwilling to

accept the same as full and complete compensation for such property or the use thereof, the person shall be paid

seventy-five percent (75%) of such amount and shall be entitled to recover from the State of North Carolina in an

action brought in the superior court in the county of residence of claimant, or in Wake County, in the same manner

as other condemnation claims are brought, within three years after the date of the Governor's award. (1977, c. 848, s.

2; 2012-12, s. 1(b).)

§ 166A-19.74. Nondiscrimination in emergency management. State and local governmental bodies and other organizations and personnel who carry out emergency management

functions under the provisions of this Article are required to do so in an equitable and impartial manner. Such State

and local governmental bodies, organizations, and personnel shall not discriminate on the grounds of race, color,

religion, nationality, sex, age, or economic status in the distribution of supplies, the processing of applications, and


other relief and assistance activities. (1975, c. 734, s. 3; 1977, c. 848, s. 2; 1979, 2nd Sess., c. 1310, s. 2; 1995, c.

509, s. 128; 2012-12, s. 1(b).)

§ 166A-19.75. Emergency management personnel. (a) Limitation. – No person shall be employed or associated in any capacity in any emergency management agency

established under this Article if that person does or has done any of the following:

(1) Advocates or has advocated a change by force or violence in the constitutional form of the Government of the

United States or in this State.

(2) Advocates or has advocated the overthrow of any government in the United States by force or violence.

(3) Has been convicted of any subversive act against the United States.

(4) Is under indictment or information charging any subversive act against the United States.

(5) Has ever been a member of the Communist Party.

(b) Oath. – Each person who is appointed to serve in any emergency management agency shall, before entering upon

the person's duties, take a written oath before a person authorized to administer oaths in this State, which oath shall

be substantially as follows:

"I, ________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and

the Constitution of the State of North Carolina, against all enemies, foreign and domestic; and that I will bear true

faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of

evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. And I do further

swear (or affirm) that I do not advocate, nor am I, nor have I ever knowingly been, a member of any political party

or organization that advocates the overthrow of the Government of the United States or of this State by force or

violence; and that during such time as I am a member of the State Emergency Management Agency I will not

advocate nor become a member of any political party or organization that advocates the overthrow of the

Government of the United States or of this State by force or violence, so help me God."

(c) No Violation of Dual Office Holding Prohibition. – No position created by or pursuant to this Article shall be

deemed an office within the meaning of Section 9 of Article 6 of the North Carolina Constitution. (1951, c. 1016, s.

10; 1975, c. 734, ss. 14, 16; 1977, c. 848, s. 2; 1979, 2nd Sess., c. 1310, s. 2; 1995, c. 509, s. 129; 2012-12, s. 1(b).)

§ 166A-19.76. Leave options for voluntary firefighters, rescue squad workers, and emergency medical service

personnel called into service. NC General Statutes - Chapter 166A 26

(a) Leave Without Pay. – A member of a volunteer fire department, rescue squad, or emergency medical services

agency called into service of the State after a declaration of a state of emergency by the Governor or by the General

Assembly, or upon the activation of the State Emergency Response Team in response to an emergency, shall have

the right to take leave without pay from his or her civilian employment. No member of a volunteer fire department,

rescue squad, or emergency medical services agency shall be forced to use or exhaust his or her vacation or other

accrued leave from his or her civilian employment for a period of active service. The choice of leave shall be solely

within the discretion of the member.

(b) Request in Writing Required. – For the volunteer member to be entitled to take leave without pay pursuant to this

section, his or her services shall be requested in writing by the Director of the Division or by the head of a local

emergency management agency. The request shall be directed to the Chief of the member's volunteer fire

department, rescue squad, or emergency medical services agency, and a copy shall be provided to the member's

employer. This section shall not apply to those members whose services have been certified by their employer to the

Director of the Division, or to the head of a local emergency management agency, as essential to the employer's own

ongoing emergency relief activities.

(c) Definition of an Emergency Requiring Activation of the State Emergency Response Team. – For purposes of this

section, an emergency requiring the activation of the State Emergency Response Team means an emergency at

Activation Level 2 or greater according to the North Carolina State Emergency Operations Plan of November 2002.

Activation Level 2 requires the State Emergency Operations Center to be fully activated with 24-hour staffing from

all State Emergency Response Team members.

(d) Enforcement. – The Commissioner of Labor shall enforce the provisions of this section pursuant to Chapter 95 of

the General Statutes. (2003-103, s. 1; 2012-12, s. 1(b).)

§ 166A-19.77. Division of Forest Resources designated as emergency response agency. The Division of Forest Resources of the Department of Agriculture and Consumer Services is designated an

emergency response agency of the State of North Carolina for purposes of the following:

(1) Supporting the Division in responding to all-risk incidents.

(2) Receipt of any applicable State or federal funding.

(3) Training of other State and local agencies in emergency management.


(4) Any other emergency response roles for which the Division has special training or qualifications. (2005-128, s.

1; 2011-145, ss. 13.25(ww), 19.1(g); 2012-12, s. 1(b).)

§ 166A-19.78. Governor's power to order evacuation of public building. When it is determined by the Governor that a great public crisis, disaster, riot, catastrophe, or any other similar

public emergency exists, or the occurrence of any such condition is imminent, and, in the Governor's opinion it is

necessary to evacuate any building owned or controlled by any department, agency, institution, school, college,

board, division, commission, or subdivision of the State in order to maintain public order and safety or to afford

adequate protection for lives or property, the Governor is hereby authorized to issue an order of evacuation directing

all persons within the building to leave the building and its premises forthwith. The order shall be delivered to any

law enforcement officer or officer of the National Guard, and such officer shall, by a suitable public address system,

read the order to the occupants of the building and demand that the occupants forthwith evacuate said building

within the time specified in the Governor's order. (1969, c. 1129; 1993, c. 539, s. 198; 1994, Ex. Sess., c. 24, s.

14(c); 2009-281, s. 1; 2012-12, s. 1(b).)

§ 166A-19.79. Severability. NC General Statutes - Chapter 166A 27 If any provision of this Article or the

application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or

applications of the Article which can be given effect without the invalid provision or application, and to this end the

provisions of this Article are severable. (1977, c. 848, s. 2; 1995, c. 509, s. 132; 2012-12, s. 1(b).)

Article 2.

Hazardous Materials Emergency Response.

§ 166A-20. Title, purpose. (a) This Article may be cited as the "North Carolina Hazardous Materials Emergency Response Act."

(b) The purpose of this Article is to establish a system of regional response to hazardous materials emergencies and

terrorist incidents in the State to protect the health and safety of its citizens. (1993 (Reg. Sess., 1994), c. 769, s.

22.4(b); 2002-179, s. 21(a).)

§ 166A-21. Definitions. As used in this Article:

(1) "Hazardous materials emergency response team" or "hazmat team" means an organized group of persons

specially trained and equipped to respond to and control actual or potential leaks or spills of hazardous materials.

(2) "Hazardous material" means any material defined as a hazardous substance under 29 Code of Federal

Regulations § 1910.120(a)(3).

(3) "Hazardous materials incident" or "hazardous materials emergency" means an uncontrolled release or threatened

release of a hazardous substance requiring outside assistance by a local fire department or hazmat team to contain

and control.

(4) "Regional response team" means a hazmat team under contract with the State to provide response to hazardous

materials emergencies occurring outside the hazmat team's local jurisdiction at the direction of the Department of

Public Safety, Division of Emergency Management.

(5) "Secretary" means the Secretary of the Department of Public Safety.

(6) "Technician-level entry capability" means the capacity of a hazmat team, in terms of training and equipment as

specified in 29 Code of Federal Regulations § 1910.120, to respond to a hazardous materials incident requiring

affirmative measures, such as patching, plugging, or other action necessary to stop and contain the release of a

hazardous substance at its source.

(7) "Terrorist incident" means activities that occur within the territorial jurisdiction of the United States, involve acts

dangerous to human life that are a violation of the criminal laws of the United States or of any state, and are

intended to do one of the following:

a. Intimidate or coerce a civilian population.

b. Influence the policy of a government by intimidation or coercion.

c. Affect the conduct of a government by mass destruction, assassination, or kidnapping. (1993 (Reg. Sess., 1994), c.

769, s. 22.4(b); 1997-456, s. 27; 2002-179, s. 21(b); 2011-145, s. 19.1(g).)

§ 166A-22. Hazardous materials emergency response program. (a) The Secretary shall adopt rules establishing a regional response program for hazardous materials emergencies

and terrorist incidents, to be administered by the Division of Emergency Management. To the extent possible, the

regional response program shall be NC General Statutes - Chapter 166A 28


coordinated with other emergency planning activities of the State. The regional response program shall include at

least six hazmat teams located strategically across the State that are available to provide regional response to

hazardous materials or terrorist incidents requiring technician-level entry capability and 24-hour dispatch and

communications capability at the Division of Emergency Management Operations Center. The rules for the program

shall include:

(1) Standards, including training, equipment, and personnel standards required to operate a regional response team

with technician-level entry capability.

(2) Guidelines for the dispatch of a regional response team to a hazardous materials or terrorist incident.

(3) Guidelines for the on-site operations of a regional response team.

(4) Standards for administration of a regional response team, including procedures for reimbursement of response

costs.

(5) Refresher and specialist training for members of regional response teams.

(6) Procedures for recovering the costs of a response to a hazardous materials or terrorist incident from persons

determined to be responsible for the emergency.

(7) Procedures for bidding and contracting for the provision of a hazmat team for the regional response program.

(8) Criteria for evaluating bids for the provision of a hazmat team for regional response.

(9) Delineation of the roles of the regional response team, local fire department and local public safety personnel,

the Division of Emergency Management's area coordinator, and other State agency personnel responding to the

scene of a hazardous materials or terrorist incident.

(b) In developing the program and adopting rules, the Secretary shall consult with the Regional Response Team

Advisory Committee established pursuant to G.S. 166A-24. (1993 (Reg. Sess., 1994), c. 769, s. 22.4(b); 2002-179,

s. 21(c).)

§ 166A-23. Contracts; equipment loans. (a) The Secretary may contract with any unit or units of local government for the provision of a regional response

team to implement the regional response program. Contracts are to be let consistent with the bidding and contract

standards and procedures adopted pursuant to G.S. 166A-22(a)(7) and (8). In entering into contracts with units of

local government, the Secretary may agree to provide:

(1) A loan of equipment, including a hazmat vehicle, necessary for the provision technician-level entry capability;

(2) Reimbursement of personnel costs when a regional response team is authorized by the Department to respond to

a hazmat or terrorist incident, including the cost of call-back personnel;

(3) Reimbursement for use of equipment and vehicles owned by the regional response team;

(4) Replacement of disposable materials and damaged equipment;

(5) Costs of medical surveillance for members of the regional response team, including baseline, maintenance, and

exit physicals;

(6) Training expenses; and

(7) Other provisions agreed to by the Secretary and the regional response team.

(b) The Secretary shall not agree to provide reimbursement for:

(1) Costs of clean-up activities, after a spill or leak has been contained;

(2) Local response not requiring technician-level entry capability; or

(3) Standby time. NC General Statutes - Chapter 166A 29

(c) Any contract entered into between the Secretary and a unit of local government for the provision of a regional

response team shall specify that the members of the regional response team, when performing their duties under the

contract, shall not be employees of the State and shall not be entitled to benefits under the Teachers' and State

Employees' Retirement System or for the payment by the State of federal social security, employment insurance, or

workers' compensation.

(d) Regional response teams that have the use of a State hazmat vehicle may use the vehicle for local purposes.

Where a State vehicle is used for purposes other than authorized regional response to a hazardous materials or

terrorist incident, the regional response team shall be liable for repairs or replacements directly attributable to the

nonauthorized response. (1993 (Reg. Sess., 1994), c. 769, s. 22.4(b); 2002-179, s. 21(d).)

§ 166A-24. Immunity of Regional Response Team Personnel. Members of a regional response team shall be protected from liability under the provisions of G.S. 166A-19.60(a)

while responding to a hazardous materials or terrorist incident pursuant to authorization from the Division of

Emergency Management. (1993 (Reg. Sess., 1994), c. 769, s. 22.4(b); 2002-179, s. 21(e); 2012-12, s. 2(y).)

§ 166A-25. Right of entry. A regional response team, when authorized to respond to a release or threatened release of hazardous materials or

when authorized to respond to a terrorist or threatened or imminent terrorist incident, may enter onto any private or


public property on which the release or terrorist incident has occurred or on which there is an imminent threat of

such release or terrorist incident. A regional response team may also enter, under such circumstances, any adjacent

or surrounding property in order to respond to the release or threatened release of hazardous material or to monitor,

control, and contain the release or perform any other action in mitigation of a hazardous materials or terrorist

incident. (1993 (Reg. Sess., 1994), c. 769, s. 22.4(b); 2002-179, s. 21(f).)

§ 166A-26. Regional Response Team Advisory Committee. (a) The Regional Response Team Advisory Committee is created. The Secretary shall appoint the members of the

Committee and shall designate the chair. In making appointments, the Secretary shall take into consideration the

expertise of the appointees in the management of hazardous materials emergencies. The Secretary shall appoint one

representative from:

(1) The Division of Emergency Management;

(2) The North Carolina Highway Patrol;

(3) The State Fire and Rescue Commission of the Department of Insurance;

(4) The Department of Environment and Natural Resources;

(5) The Department of Transportation;

(6) The Department of Agriculture and Consumer Services;

(7) The Chemical Industry Council of North Carolina;

(8) The N.C. Association of Hazardous Materials Responders;

(9) Each regional response team;

(10) The State Bureau of Investigation.

In addition to the persons listed above, the Secretary shall appoint to the Advisory Committee three persons

designated jointly by the North Carolina Fire Chiefs Association and the North Carolina State Firemen's

Association.

(b) The Advisory Committee shall meet on the call of the chair, or at the request of the Secretary; provided that the

Committee shall meet no less than once every three months. The Department of Public Safety shall provide space

for the Advisory Committee to meet. The NC General Statutes - Chapter 166A 30 Department also shall provide the

Advisory Committee with necessary support staff and supplies to enable the Committee to carry out its duties in an

effective manner.

(c) Members of the Advisory Committee shall serve without pay, but shall receive travel allowance, lodging,

subsistence, and per diem as provided by G.S. 138-5.

(d) The Regional Response Team Advisory Committee shall advise the Secretary on the establishment of the

program for regional response to hazardous materials emergencies in the State. The Committee shall also evaluate

and advise the Secretary of the need for additional regional response teams to serve the State. (1993 (Reg. Sess.,

1994), c. 769, s. 22.4(b); 1997-261, s. 108; 1997-443, s. 11A.123; 2002-179, s. 21(g); 2011-145, s. 19.1(g).)

§ 166A-27. Action for the recovery of costs of hazardous materials emergency response. (a) A person who causes the release of a hazardous material requiring the activation of a regional response team

shall be liable for all reasonable costs incurred by the regional response team in responding to and mitigating the

incident. The Secretary shall invoice the person liable for the hazardous materials release, and, in the event of

nonpayment, may institute an action to recover those costs in the superior court of the county in which the release

occurred.

(b) A person who causes the release of a hazardous material that results in the activation of one or more State

Medical Assistance Teams (SMATs) or the Epidemiology Section of the Division of Public Health of the

Department of Health and Human Services shall be liable for all reasonable costs incurred by each team or the

Epidemiology Section that responds to or mitigates the incident. The Secretary of Health and Human Services shall

invoice the person liable for the hazardous materials release and, in the event of nonpayment, may institute an action

to recover those costs in the superior court of the county in which the release occurred. (1993 (Reg. Sess., 1994), c.

769, s. 22.4(b); 2007-107, s. 3.1(a).)

§ 166A-28. Hazardous Materials Emergency Response Fund. There is established in the Department of Public Safety a fund for those monies collected pursuant to G.S. 166A-27.

The Fund is also authorized to accept any gift, grant, or donation of money or property to facilitate the establishment

and operation of the regional response system. (1993 (Reg. Sess., 1994), c. 769, s. 22.4(b); 2011-145, s. 19.1(g).)

§ 166A-29. Emergency planning; charge. (a) Every person, firm, corporation or municipality who is licensed to construct or who is operating a fixed nuclear

facility for the production of electricity shall pay to the Department of Public Safety an annual fee of at least thirty

thousand dollars ($30,000) for each fixed nuclear facility which is located within this State or has a Plume Exposure

Pathway Emergency Planning Zone of which any part is located within this State. This fee is to be applied to the


costs of planning and implementing emergency response activities as are required by the Federal Emergency

Management Agency for the operation of nuclear facilities. Said fee is to be paid no later than July 31 of each year.

This minimum fee may be increased from time to time as the costs of such planning and implementation increase.

Such increases shall be by agreement between the State and the licensees or operators of the fixed nuclear facilities.

(b) Every person, firm, corporation or municipality who is licensed to construct or who is operating a fixed nuclear

facility for the production of electricity shall pay to the Department of Public Safety, for the use of the Radiation

Protection Section of the Division of Public Health of the Department of Health and Human Services, an annual fee

of thirty-six thousand dollars ($36,000) for each fixed nuclear facility that is located within this State or that has a

Plume Exposure Pathway Emergency Planning Zone any part of which is located within this State. This fee shall be

applied only to the costs of planning and implementing emergency NC General Statutes - Chapter 166A 31 response

activities as required by the Federal Emergency Management Agency for the operation of nuclear facilities. This fee

is to be paid no later than July 31 of each year.

(c) The fees imposed by this section do not revert at the end of a fiscal year. The amount of fees carried forward

from one fiscal year to the next shall be taken into consideration in determining the fee to be assessed each fixed

nuclear facility under subsection (a) in that fiscal year. (1981, c. 1128, ss. 1, 2; 1983, c. 622, ss. 1-3; 1989, c. 727, s.

219(42); 1989 (Reg. Sess., 1990), c. 964, s. 1; 1991 (Reg. Sess., 1992), c. 1039, s. 18; 1997-443, s. 11A.123; 2000-

109, s. 6; 2002-70, s. 5; 2011-145, ss. 13.3(ooo), 19.1(g); 2012-12, s. 1(a).)

Article 3.

Disaster Service Volunteer Leave Act.

§ 166A-30. Short title. This act may be cited as the Disaster Service Volunteer Leave Act. (1993, c. 13, s. 1.)

§ 166A-31. Definitions. As used in this Article:

(1) "Certified disaster service volunteer" means a person who has completed the necessary training for and been

certified as a disaster service specialist by the American National Red Cross.

(2) "Disaster" means a disaster designated at Level III or higher in the American National Red Cross Regulations

and Procedures.

(3) "State agency" means and includes all departments, institutions, commissions, committees, boards, divisions,

bureaus, officers, and officials of the State, including those within the legislative and judicial branches of State

government. (1993, c. 13, s. 1.)

§ 166A-32. Disaster service volunteer leave. An employee of a State agency who is a disaster service volunteer of the American Red Cross may be granted leave

from his work with pay for a time not to exceed 15 work days in any 12-month period to participate in specialized

disaster relief services for the American Red Cross. To be granted leave, the request for the services of that

employee must come from the American Red Cross. The decision to grant the employee leave rests in the sole

discretion of the employing State agency based on the work needs of that agency. Employees granted leave pursuant

to this Article shall not lose seniority, pay, vacation time, sick time, or earned overtime accumulation. The State

agency shall compensate an employee granted leave under this Article at the regular rate of pay for those regular

work hours during which the employee is absent from his work. Leave under this Article shall be granted only for

services related to a disaster occurring within the United States.

The State of North Carolina shall not be liable for workers compensation claims arising from accident or injury

while the State employee is on assignment as a disaster service volunteer for the American Red Cross. Duties

performed while on disaster leave shall not be considered to be a work assignment by a state agency. The employee

is granted leave based on the need for the employee's area of expertise. Job functions although similar or related are

performed on behalf of and for the benefit of the American Red Cross. (1993, c. 13, s. 1; 2001-508, s. 6.)

§§ 166A-33 through 166A-39. Reserved for future codification purposes. Article 4.

Emergency Management Assistance Compact.

§ 166A-40. Title of Article; entering into Compact. NC General Statutes - Chapter 166A 32

(a) This Article may be cited as the Emergency Management Assistance Compact.

(b) The Emergency Management Assistance Compact, hereinafter "Compact", is hereby enacted into law and

entered into by this State with all other states legally joining therein, in the form substantially as set forth in this

Article. This Compact is made and entered into by and between the party states which enact this Compact. For the

purposes of this Article, the term "states" means the several states, the Commonwealth of Puerto Rico, the District of

Columbia, and all United States territorial possessions and the term "party states" means the participating member

states which enact and enter into this Compact. (1997-152, s. 1.)


§ 166A-41. Purposes and authorities. (a) The purpose of this Compact is to provide for mutual assistance between the party states in managing any

emergency or disaster that is duly declared by the governor of the affected state or states, whether arising from

natural disaster, technological hazard, man-made disaster, civil emergency aspects of resources shortages,

community disorders, insurgency, or enemy attack.

(b) This Compact shall also provide for mutual cooperation in emergency-related exercises, testing, or other training

activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by

party states or subdivisions of party states during emergencies, such actions occurring outside actual declared

emergency periods. Mutual assistance in this Compact may include the use of the states' National Guard forces,

either in accordance with the National Guard Mutual Assistance Compact or by mutual agreement between states.

(1997-152, s. 1; 2009-281, s. 1.)

§ 166A-42. General implementation. (a) Each party state recognizes that many emergencies transcend political jurisdictional boundaries and that

intergovernmental coordination is essential in managing these and other emergencies under this Compact. Each

party state further recognizes that there will be emergencies that require immediate access and present procedures to

apply outside resources to respond to emergencies effectively and promptly. This is because few, if any, individual

states have all the resources that they may need in all types of emergencies or the capability of delivering resources

to areas where emergencies exist.

(b) The prompt, full, and effective utilization of resources of the participating states, including any resources on

hand or available from the federal government or any other source, that are essential to the safety, care, and welfare

of the people in the event of any emergency or disaster declared by a party state, shall be the underlying principle on

which all articles of this Compact shall be understood.

(c) On behalf of the governor of each party state, the legally designated state official who is assigned responsibility

for emergency management shall be responsible for formulation of the appropriate interstate mutual aid plans and

procedures necessary to implement this Compact. (1997-152, s. 1.)

§ 166A-43. Party state responsibilities. (a) It shall be the responsibility of each party state to formulate procedural plans and programs for interstate

cooperation in the performance of the responsibilities listed in this Article. In formulating the plans, and in carrying

them out, the party states, insofar as practicable, shall:

(1) Review individual state hazards analyses and, to the extent reasonably possible, determine all those potential

emergencies the party state might jointly suffer, whether due to natural disaster, technological hazard, man-made

disaster, emergency aspects of resource shortages, civil disorders, insurgency, or enemy attack. NC General Statutes

- Chapter 166A 33

(2) Review the party states' individual emergency plans and develop a plan that will determine the mechanism for

the interstate management and provision of assistance concerning any potential emergency.

(3) Develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps

in existing or developed plans.

(4) Assist in warning communities adjacent to or crossing the state boundaries.

(5) Protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue,

and critical lifeline equipment services, and resources, both human and material.

(6) Inventory and set procedures for the interstate loan and delivery of human and material resources, together with

procedures for reimbursement or forgiveness.

(7) Provide, to the extent authorized by law, for temporary suspension of any statutes or ordinances that restrict the

implementation of the above responsibilities.

(b) The authorized representative of a party state may request assistance of another party state by contacting the

authorized representative of that state. The provisions of this Compact shall only apply to requests for assistance

made by and to authorized representatives. Requests may be verbal or in writing. If verbal, the request shall be

confirmed in writing within 30 days of the verbal request. Requests shall provide the following information:

(1) A description of the emergency service function for which assistance is needed, including fire services, law

enforcement, emergency medical, transportation, communications, public works and engineering, building

inspection, planning and information assistance, mass care, resource support, health and medical services, and

search and rescue.

(2) The amount and type of personnel, equipment, materials and supplies needed, and a reasonable estimate of the

length of time they will be needed.

(3) The specific place and time for staging of the assisting party's response and a point of contact at that location.


(c) There shall be frequent consultation between state officials who have assigned emergency management

responsibilities and other appropriate representatives of the party states with affected jurisdictions and the federal

government, with free exchange of information, plans, and resource records relating to emergency capabilities.

(1997-152, s. 1.)

§ 166A-44. Limitations. (a) Any party state requested to render mutual aid or conduct exercises and training for mutual aid shall take such

action as is necessary to provide and make available the resources covered by this Compact in accordance with the

terms hereof; provided that the state rendering aid may withhold resources to the extent necessary to provide

reasonable protection for such state.

(b) Each party state shall afford to the emergency forces of any party state while operating within its state limits

under the terms and conditions of this Compact, the same powers (except that of arrest unless specifically authorized

by the receiving state), duties, rights, and privileges as are afforded forces of the state in which they are performing

emergency services. Emergency forces will continue under the command and control of their regular leaders, but the

organizational units will come under the operational control of the emergency services authorities of the state

receiving assistance. These conditions may be activated, as needed, only subsequent to a declaration of a state of

emergency or disaster by the governor of the party state that is to receive assistance or commencement of exercises

or training for mutual aid and shall continue so long as the exercises or training for mutual aid are NC General

Statutes - Chapter 166A 34 in progress, the state of emergency or disaster remains in effect, or loaned resources

remain in the receiving state or states, whichever is longer. (1997-152, s. 1.)

§ 166A-45. Licenses and permits. Whenever any person holds a license, certificate, or other permit issued by any party state evidencing the meeting of

qualifications for professional, mechanical, or other skills, and when assistance is requested by the receiving party

state, the person shall be deemed licensed, certified, or permitted by the state requesting assistance to render aid

involving skill to meet a declared emergency or disaster, subject to any limitations and conditions the governor of

the requesting state may prescribe by executive order or otherwise. (1997-152, s. 1.)

§ 166A-46. Liability. Officers or employees of a party state rendering aid in another state pursuant to this Compact shall be considered

agents of the requesting state for tort liability and immunity purposes; and no party state or its officers or employees

rendering aid in another state pursuant to this Compact shall be liable for any act or omission occurring as a result of

a good faith attempt to render aid or as a result of the use of any equipment or supplies used in connection with an

attempt to render aid. For the purposes of this Article, "good faith" does not include willful misconduct, gross

negligence, or recklessness. (1997-152, s. 1; 2007-484, s. 24.)

§ 166A-47. Supplementary agreements. Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more states may

differ from that among the states that are party hereto, this instrument contains elements of a broad base common to

all states, and nothing herein contained shall preclude any state from entering into supplementary agreements with

another state or affect any other agreements already in force between states. Supplementary agreements may

comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons and the

exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications

personnel, and equipment and supplies. (1997-152, s. 1.)

§ 166A-48. Compensation. Each party state shall provide for the payment of compensation and death benefits to injured members of the

emergency forces of that state and representatives of deceased members of the forces in case the members sustain

injuries or are killed while rendering aid pursuant to this Compact, in the same manner and on the same terms as if

the injury or death were sustained within their own state. (1997-152, s. 1.)

§ 166A-49. Reimbursement. Any party state rendering aid in another state pursuant to this Compact shall be reimbursed by the party state

receiving the aid for any loss or damage to or expense incurred in the operation of any equipment and the provision

of any service in answering a request for aid and for the costs incurred in connection with the requests; provided,

that any aiding party state may assume in whole or in part the loss, damage, expense, or other cost, or may loan the

equipment or donate the services to the receiving party state without charge or cost; and provided further, that any

two or more party states may enter into supplementary agreements establishing a different allocation of costs among

those states. (1997-152, s. 1.)

§ 166A-50. Evacuation. Plans for the orderly evacuation and interstate reception of portions of the civilian population as the result of any

emergency or disaster of sufficient proportions to so warrant shall be worked out and maintained between the party


states and the emergency management or NC General Statutes - Chapter 166A 35 services directors of the various

jurisdictions where any type of incident requiring evacuations might occur. Plans shall be put into effect by request

of the state from which evacuees come and shall include the manner of transporting the evacuees, the number of

evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be

provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and

the forwarding of the evacuees to other areas or the bringing in of additional materials, supplies, and all other

relevant factors. The plans shall provide that the party state receiving evacuees and the party state from which the

evacuees come shall mutually agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring

for evacuees, for expenditures for transportation, food, clothing, medicines and medical care, and like items. The

expenditures shall be reimbursed as agreed by the party state from which the evacuees come and that party state

shall assume the responsibility for the ultimate support of repatriation of the evacuees. (1997-152, s. 1.)

§ 166A-51. Effective date. (a) This Compact shall become operative immediately upon its enactment into law by any two states; thereafter, this

Compact shall become effective as to any other state upon its enactment by the state.

(b) Any party state may withdraw from this Compact by enacting a statute repealing the same, but no withdrawal

shall take effect until 30 days after the governor of the withdrawing state has given notice in writing of the

withdrawal to the governors of all other party states. The action shall not relieve the withdrawing state from

obligations assumed hereunder prior to the effective date of withdrawal.

(c) Duly authenticated copies of this Compact and of any supplementary agreements as may be entered into shall, at

the time of their approval, be deposited with each of the party states and with the Federal Emergency Management

Agency and other appropriate agencies of the federal government. (1997-152, s. 1.)

§ 166A-52. Validity. If any provision of this Compact is declared unconstitutional, or the applicability thereof to any person or

circumstances is held invalid, the constitutionality of the remainder of this act and the applicability thereof to other

persons and circumstances shall not be affected thereby. (1997-152, s. 1.)

§ 166A-53. Additional provisions. Nothing in this Compact shall authorize or permit the use of military force by the National Guard of a state at any

place outside that state in any emergency for which the President is authorized by law to call into federal service the

militia, or for any purpose for which the use of the Army or the Air Force would in the absence of express statutory

authorization be prohibited under section 1385 of Title 18, United States Code. (1997-152, s. 1; 2009-281, s. 1.)

§ 166A-54. Reserved for future codification purposes.



§ 166A-57. Reserved for future codification purposes. § 166A-58. Reserved for future codification purposes. NC General Statutes - Chapter 166A 36

§ 166A-59. Reserved for future codification purposes. Article 5.

Emergency Management Certification Program.

§ 166A-60. Emergency Management Certification Program authority; purpose. The Division of Emergency Management in the Department of Public Safety shall establish, as a voluntary program,

an Emergency Management Certification Program as provided for in this Article. The purpose of the Program is to

strengthen and enhance the professional competencies of emergency management personnel in State and local

emergency management agencies. (2009-192, s. 2; 2011-145, s. 19.1(g).)

§ 166A-61. Program standards and guidelines. (a) The Division shall establish standards and guidelines for administration of the Program, including:

(1) Minimum educational and training standards that must be met in order to qualify for Type IV (entry), Type III

(basic), Type II (intermediate), and Type I (advanced) emergency management certification.

(2) Levels of education or equivalent experience that may be met in order to qualify for the certifications provided

for in subdivision (1) of this subsection.

(3) Levels of education or equivalent experience for instructors who participate in programs or courses of

instruction.

(4) Curricula, syllabi, and other educational materials.

(5) Mode(s) of delivery of educational and training programs.

(b) In developing the Program, the Division may consult and cooperate with political subdivisions, agencies of the

State, other governmental agencies, universities, colleges, community colleges, and other institutions, public or

private, concerning the development of the Program and a systematic career development plan, including conducting


and stimulating research by public and private agencies designed to improve education and training in the

administration of emergency management.

(c) The Division shall study and make reports and recommendations to the Secretary of Public Safety and other

appropriate agencies and officials concerning compliance with federal guidance, training, educational, technical

assistance needs, and equipment needs of State and local emergency management agencies. (2009-192, s. 2; 2011-

145, s. 19.1(g).)

§ 166A-62. Emergency Management Training and Standards Advisory Board. (a) The Secretary of Public Safety shall establish and appoint the Emergency Management Training and Standards

Advisory Board to provide oversight of training and certification programs established pursuant to this Article.

(b) The composition of the Board shall include emergency management subject matter experts representative of the

State, its political subdivisions, and private industry.

(c) The duties of the Board shall include:

(1) Oversight of the Emergency Management Certification Program.

(2) Review of applications for certification.

(3) Issuance of certifications at least semiannually.

(d) The Board shall meet at least semiannually and at other times at the discretion of the Secretary. (2009-192, s. 2;

2011-145, s. 19.1(g).)

§ 166A-63. Issuance of certification; reciprocity; renewal. (a) The Emergency Management Training and Standards Advisory Board shall issue documentation of certification,

in a form and manner prescribed by the Division, to each NC General Statutes - Chapter 166A 37 applicant within

North Carolina demonstrating successful completion of the requirements for the level of certification sought by the

applicant.

(b) The Board may issue documentation of certification to any person in another state or territory if the person's

qualifications were, at the date of registration or certification, substantially equivalent to the requirements

established pursuant to this Article.

(c) Every person certified pursuant to this Article who desires to maintain certification shall apply for renewal of

certification within five years of the date of original certification or certification renewal.

(d) Renewal of Type I (advanced) certification is subject to completion of at least 24 hours of continuing education

requirements as established by the Board.

(e) A certification that is not renewed in accordance with this section automatically expires. The Board may approve

reinstatement of an expired certification upon good cause shown by the applicant.

(f) Certifications that have been expired for more than five years shall not be reinstated. (2009-192, s. 2.)


Article 36A.

Riots, Civil Disorders, and Emergencies.

§ 14-288.1. Definitions.

Unless the context clearly requires otherwise, the following definitions apply in this Article:

(1) Chairman of the board of county commissioners. - The chairman of the board of county

commissioners or, in case of the chairman's absence or disability, the person authorized to act

in the chairman's stead. Unless the governing body of the county has specified who is to act in

lieu of the chairman with respect to a particular power or duty set out in this Article, the term

"chairman of the board of county commissioners" shall apply to the person generally authorized

to act in lieu of the chairman.

(2) Dangerous weapon or substance. - Any deadly weapon, ammunition, explosive, incendiary

device, radioactive material or device, as defined in G.S. 14-288.8(c)(5), or any instrument or

substance designed for a use that carries a threat of serious bodily injury or destruction of

property; or any instrument or substance that is capable of being used to inflict serious bodily

injury, when the circumstances indicate a probability that such instrument or substance will be

so used; or any part or ingredient in any instrument or substance included above, when the

circumstances indicate a probability that such part or ingredient will be so used.

(3) Declared state of emergency. - A state of emergency as that term is defined in G.S. 166A-19.3

or a state of emergency found and declared by any chief executive official or acting chief

executive official of any county or municipality acting under the authority of any other

applicable statute or provision of the common law to preserve the public peace in a state of

emergency, or by any executive official or military commanding officer of the United States or

the State of North Carolina who becomes primarily responsible under applicable law for the

preservation of the public peace within any part of North Carolina.

(4) Disorderly conduct. - As defined in G.S. 14-288.4(a).

(4a) Emergency. - As defined in G.S. 166A-19.3.

(5) Law enforcement officer. - Any officer of the State of North Carolina or any of its political

subdivisions authorized to make arrests; any other person authorized under the laws of North

Carolina to make arrests and either acting within that person's territorial jurisdiction or in an

area in which that person has been lawfully called to duty by the Governor or any mayor or

chairman of the board of county commissioners; any member of the Armed Forces of the United

States, the North Carolina National Guard, or the North Carolina State Defense Militia called

to duty in a state of emergency in North Carolina and made responsible for enforcing the laws

of North Carolina or preserving the public peace; or any officer of the United States authorized

to make arrests without warrant and assigned to duties that include preserving the public peace

in North Carolina.

(6) Mayor. - The mayor or other chief executive official of a municipality or, in case of that person's

absence or disability, the person authorized to act in that person's stead. Unless the governing

body of the municipality has specified who is to act in lieu of the mayor with respect to a

particular power or duty set out in this Article, the word "mayor" shall apply to the person

generally authorized to act in lieu of the mayor.

(7) Municipality. - Any active incorporated city or town, but not including any sanitary district or

other municipal corporation that is not a city or town. An "active" municipality is one which

has conducted the most recent election required by its charter or the general law, whichever is

applicable, and which has the authority to enact general police-power ordinances.

(8) Public disturbance. - Any annoying, disturbing, or alarming act or condition exceeding the

bounds of social toleration normal for the time and place in question which occurs in a public

place or which occurs in, affects persons in, or is likely to affect persons in a place to which the

public or a substantial group has access. The places covered by this definition shall include, but

not be limited to, highways, transport facilities, schools, prisons, apartment houses, places of

business or amusement, or any neighborhood.

(9) Riot. - As defined in G.S. 14-288.2(a).

(10) Repealed by Session Laws 2012-12, s. 2(a), effective October 1, 2012. (1969, c. 869, s. 1; 1975,

c. 718, s. 5; 2009-281, s. 1; 2011-183, s. 10; 2012-12, s. 2(a).)

§ 14-288.2. Riot; inciting to riot; punishments.


(a) A riot is a public disturbance involving an assemblage of three or more persons which by disorderly and

violent conduct, or the imminent threat of disorderly and violent conduct, results in injury or damage to persons or

property or creates a clear and present danger of injury or damage to persons or property.

(b) Any person who willfully engages in a riot is guilty of a Class 1 misdemeanor.

(c) Any person who willfully engages in a riot is guilty of a Class H felony, if:

(1) In the course and as a result of the riot there is property damage in excess of fifteen hundred

dollars ($1,500) or serious bodily injury; or

(2) Such participant in the riot has in his possession any dangerous weapon or substance.

(d) Any person who willfully incites or urges another to engage in a riot, so that as a result of such inciting or

urging a riot occurs or a clear and present danger of a riot is created, is guilty of a Class 1 misdemeanor.

(e) Any person who willfully incites or urges another to engage in a riot, and such inciting or urging is a

contributing cause of a riot in which there is property damage in excess of fifteen hundred dollars ($1,500) or serious

bodily injury, shall be punished as a Class F felon. (1969, c. 869, s. 1; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s.

47; 1981, c. 63, s. 1, c. 179, s. 14; 1993, c. 539, ss. 187, 188, 1225, 1226; 1994, Ex. Sess., c. 24, s. 14(c).)

§ 14-288.3. Provisions of Article intended to supplement common law and other statutes.

The provisions of this Article are intended to supersede and extend the coverage of the common-law crimes of

riot and inciting to riot. To the extent that such common-law offenses may embrace situations not covered under the

provisions of this Article, however, criminal prosecutions may be brought for such crimes under the common law. All

other provisions of the Article are intended to be supplementary and additional to the common law and other statutes

of this State and, except as specifically indicated, shall not be construed to abrogate, abolish, or supplant other

provisions of law. In particular, this Article shall not be deemed to abrogate, abolish, or supplant such common-law

offenses as unlawful assembly, rout, conspiracy to commit riot or other criminal offenses, false imprisonment, and

going about armed to the terror of the populace and other comparable public-nuisance offenses. (1969, c. 869, s. 1.)

§ 14-288.4. Disorderly conduct.

(a) Disorderly conduct is a public disturbance intentionally caused by any person who does any of the

following:

(1) Engages in fighting or other violent conduct or in conduct creating the threat of imminent fighting

or other violence.

(2) Makes or uses any utterance, gesture, display or abusive language which is intended and plainly

likely to provoke violent retaliation and thereby cause a breach of the peace.

(3) Takes possession of, exercises control over, or seizes any building or facility of any public or

private educational institution without the specific authority of the chief administrative officer

of the institution, or his authorized representative.

(4) Refuses to vacate any building or facility of any public or private educational institution in

obedience to any of the following:

a. An order of the chief administrative officer of the institution, or the officer's

representative, who shall include for colleges and universities the vice chancellor for

student affairs or the vice-chancellor's equivalent for the institution, the dean of

students or the dean's equivalent for the institution, the director of the law enforcement

or security department for the institution, and the chief of the law enforcement or

security department for the institution.

b. An order given by any fireman or public health officer acting within the scope of the

fireman's or officer's authority.

c. If an emergency is occurring or is imminent within the institution, an order given by any

law-enforcement officer acting within the scope of the officer's authority.

(5) Shall, after being forbidden to do so by the chief administrative officer, or the officer's authorized

representative, of any public or private educational institution:

a. Engage in any sitting, kneeling, lying down, or inclining so as to obstruct the ingress or

egress of any person entitled to the use of any building or facility of the institution in

its normal and intended use; or

b. Congregate, assemble, form groups or formations (whether organized or not), block, or

in any manner otherwise interfere with the operation or functioning of any building or

facility of the institution so as to interfere with the customary or normal use of the

building or facility.


(6) Disrupts, disturbs or interferes with the teaching of students at any public or private educational

institution or engages in conduct which disturbs the peace, order or discipline at any public or

private educational institution or on the grounds adjacent thereto.

(6a) Engages in conduct which disturbs the peace, order, or discipline on any public school bus or

public school activity bus.

(7) Except as provided in subdivision (8) of this subsection, disrupts, disturbs, or interferes with a

religious service or assembly or engages in conduct which disturbs the peace or order at any

religious service or assembly.

(8) Engages in conduct with the intent to impede, disrupt, disturb, or interfere with the orderly

administration of any funeral, memorial service, or family processional to the funeral or

memorial service, including a military funeral, service, or family processional, or with the

normal activities and functions occurring in the facilities or buildings where a funeral or

memorial service, including a military funeral or memorial service, is taking place. Any of the

following conduct that occurs within one hour preceding, during, or within one hour after a

funeral or memorial service shall constitute disorderly conduct under this subdivision:

a. Displaying, within 300 feet of the ceremonial site, location being used for the funeral or

memorial, or the family's processional route to the funeral or memorial service, any

visual image that conveys fighting words or actual or imminent threats of harm

directed to any person or property associated with the funeral, memorial service, or

processional route.

b. Uttering, within 300 feet of the ceremonial site, location being used for the funeral or

memorial service, or the family's processional route to the funeral or memorial service,

loud, threatening, or abusive language or singing, chanting, whistling, or yelling with

or without noise amplification in a manner that would tend to impede, disrupt, disturb,

or interfere with a funeral, memorial service, or processional route.

c. Attempting to block or blocking pedestrian or vehicular access to the ceremonial site or

location being used for a funeral or memorial.

As used in this section the term "building or facility" includes the surrounding grounds and premises of any building

or facility used in connection with the operation or functioning of such building or facility.

(b) Except as provided in subsection (c) of this section, any person who willfully engages in disorderly

conduct is guilty of a Class 2 misdemeanor.

(c) A person who commits a violation of subdivision (8) of subsection (a) of this section is guilty of:

(1) A Class 2 misdemeanor for a first offense.

(2) A Class 1 misdemeanor for a second offense.

(3) A Class I felony for a third or subsequent offense. (1969, c. 869, s. 1; 1971, c. 668, s. 1; 1973,

c. 1347; 1975, c. 19, s. 4; 1983, c. 39, s. 5; 1987, c. 671, s. 1; 1993, c. 539, s. 189; 1994, Ex.

Sess., c. 24, s. 14(c); 2001-26, s. 2; 2006-169, s. 1; 2012-12, s. 2(b).)

§ 14-288.5. Failure to disperse when commanded a misdemeanor; prima facie evidence.

(a) Any law-enforcement officer or public official responsible for keeping the peace may issue a command

to disperse in accordance with this section if he reasonably believes that a riot, or disorderly conduct by an assemblage

of three or more persons, is occurring. The command to disperse shall be given in a manner reasonably calculated to

be communicated to the assemblage.

(b) Any person who fails to comply with a lawful command to disperse is guilty of a Class 2 misdemeanor.

(c) If any person remains at the scene of any riot, or disorderly conduct by an assemblage of three or more

persons, following a command to disperse and after a reasonable time for dispersal has elapsed, it is prima facie

evidence that the person so remaining is willfully engaging in the riot or disorderly conduct, as the case may be. (1969,

c. 869, s. 1; 1993, c. 539, s. 190; 1994, Ex. Sess., c. 24, s. 14(c).)

§ 14-288.6. Looting; trespass during emergency.

(a) Any person who enters upon the premises of another without legal justification when the usual security

of property is not effective due to the occurrence or aftermath of riot, insurrection, invasion, storm, fire, explosion,

flood, collapse, or other disaster or calamity is guilty of a Class 1 misdemeanor of trespass during an emergency.

(b) Any person who commits the crime of trespass during emergency and, without legal justification, obtains

or exerts control over, damages, ransacks, or destroys the property of another is guilty of the felony of looting and


shall be punished as a Class H felon. (1969, c. 869, s. 1; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63,

s. 1, c. 179, s. 14; 1993, c. 539, ss. 191, 1227; 1994, Ex. Sess., c. 24, s. 14(c).)

§ 14-288.7: Repealed by Session Laws 2012-12, s. 2(c), effective October 1, 2012.

§ 14-288.8. Manufacture, assembly, possession, storage, transportation, sale, purchase, delivery, or acquisition

of weapon of mass death and destruction; exceptions.

(a) Except as otherwise provided in this section, it is unlawful for any person to manufacture, assemble,

possess, store, transport, sell, offer to sell, purchase, offer to purchase, deliver or give to another, or acquire any

weapon of mass death and destruction.

(b) This section does not apply to any of the following:

(1) Persons exempted from the provisions of G.S. 14-269 with respect to any activities lawfully

engaged in while carrying out their duties.

(2) Importers, manufacturers, dealers, and collectors of firearms, ammunition, or destructive devices

validly licensed under the laws of the United States or the State of North Carolina, while

lawfully engaged in activities authorized under their licenses.

(3) Persons under contract with the United States, the State of North Carolina, or any agency of

either government, with respect to any activities lawfully engaged in under their contracts.

(4) Inventors, designers, ordnance consultants and researchers, chemists, physicists, and other

persons lawfully engaged in pursuits designed to enlarge knowledge or to facilitate the creation,

development, or manufacture of weapons of mass death and destruction intended for use in a

manner consistent with the laws of the United States and the State of North Carolina.

(5) Persons who lawfully possess or own a weapon as defined in subsection (c) of this section in

compliance with 26 U.S.C. Chapter 53, §§ 5801-5871. Nothing in this subdivision shall limit

the discretion of the sheriff in executing the paperwork required by the United States Bureau of

Alcohol, Tobacco and Firearms for such person to obtain the weapon.

(c) The term "weapon of mass death and destruction" includes:

(1) Any explosive or incendiary:

a. Bomb; or

b. Grenade; or

c. Rocket having a propellant charge of more than four ounces; or

d. Missile having an explosive or incendiary charge of more than one-quarter ounce; or

e. Mine; or

f. Device similar to any of the devices described above; or

(2) Any type of weapon (other than a shotgun or a shotgun shell of a type particularly suitable for

sporting purposes) which will, or which may be readily converted to, expel a projectile by the

action of an explosive or other propellant, and which has any barrel with a bore of more than

one-half inch in diameter; or

(3) Any firearm capable of fully automatic fire, any shotgun with a barrel or barrels of less than 18

inches in length or an overall length of less than 26 inches, any rifle with a barrel or barrels of

less than 16 inches in length or an overall length of less than 26 inches, any muffler or silencer

for any firearm, whether or not such firearm is included within this definition. For the purposes

of this section, rifle is defined as a weapon designed or redesigned, made or remade, and

intended to be fired from the shoulder; or

(4) Any combination of parts either designed or intended for use in converting any device into any

weapon described above and from which a weapon of mass death and destruction may readily

be assembled.

The term "weapon of mass death and destruction" does not include any device which is neither designed nor redesigned

for use as a weapon; any device, although originally designed for use as a weapon, which is redesigned for use as a

signaling, pyrotechnic, line-throwing, safety, or similar device; surplus ordnance sold, loaned, or given by the

Secretary of the Army pursuant to the provisions of section 4684(2), 4685, or 4686 of Title 10 of the United States

Code; or any other device which the Secretary of the Treasury finds is not likely to be used as a weapon, is an antique,

or is a rifle which the owner intends to use solely for sporting purposes, in accordance with Chapter 44 of Title 18 of

the United States Code.


(d) Any person who violates any provision of this section is guilty of a Class F felony. (1969, c. 869, s. 1;

1975, c. 718, ss. 6, 7; 1977, c. 810; 1983, c. 413, ss. 1, 2; 1993, c. 539, s. 1228; 1994, Ex. Sess., c. 24, s. 14(c); 2001-

470, s. 3; 2011-268, s. 8.)

§ 14-288.9. Assault on emergency personnel; punishments.

(a) An assault upon emergency personnel is an assault upon any person coming within the definition of

"emergency personnel" which is committed in an area:

(1) In which a declared state of emergency exists; or

(2) Within the immediate vicinity of which a riot is occurring or is imminent.

(b) The term "emergency personnel" includes law-enforcement officers, firemen, ambulance attendants,

utility workers, doctors, nurses, and other persons lawfully engaged in providing essential services during the

emergency.

(c) Any person who commits an assault causing physical injury upon emergency personnel is guilty of a Class

I felony. Any person who commits an assault upon emergency personnel with or through the use of any dangerous

weapon or substance shall be punished as a Class F felon. (1969, c. 869, s. 1; 1979, c. 760, s. 5; 1979, 2nd Sess., c.

1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 1993, c. 539, ss. 193, 1229; 1994, Ex. Sess., c. 24, s. 14(c); 2011-356, s.

3.)

§ 14-288.10. Frisk of persons during violent disorders; frisk of curfew violators.

(a) Any law-enforcement officer may frisk any person in order to discover any dangerous weapon or substance

when he has reasonable grounds to believe that the person is or may become unlawfully involved in an existing riot

and when the person is close enough to such riot that he could become immediately involved in the riot. The officer

may also at that time inspect for the same purpose the contents of any personal belongings that the person has in his

possession.

(b) Any law-enforcement officer may frisk any person he finds violating the provisions of a curfew proclaimed

under the authority of G.S. 14-288.12, 14-288.13, 14-288.14, or 14-288.15 or any other applicable statutes or

provisions of the common law in order to discover whether the person possesses any dangerous weapon or substance.

The officer may also at that time inspect for the same purpose the contents of any personal belongings that the person

has in his possession. (1969, c. 869, s. 1.)

§ 14-288.11. Warrants to inspect vehicles in riot areas or approaching municipalities during emergencies.

(a) Notwithstanding the provisions of Article 4 of Chapter 15, any law-enforcement officer may, under the

conditions specified in this section, obtain a warrant authorizing inspection of vehicles under the conditions and for

the purpose specified in subsection (b).

(b) The inspection shall be for the purpose of discovering any dangerous weapon or substance likely to be

used by one who is or may become unlawfully involved in a riot. The warrant may be sought to inspect:

(1) All vehicles entering or approaching a municipality in which an emergency exists; or

(2) All vehicles which might reasonably be regarded as being within or approaching the immediate

vicinity of an existing riot.

(c) The warrant may be issued by any judge or justice of the General Court of Justice.

(d) The issuing official shall issue the warrant only when he has determined that the one seeking the warrant

has been specifically authorized to do so by the head of the law-enforcement agency of which the affiant is a member,

and:

(1) If the warrant is being sought for the inspection of vehicles entering or approaching a municipality,

that an emergency exists within the municipality; or

(2) If the warrant being sought is for the inspection of vehicles within or approaching the immediate

vicinity of a riot, that a riot is occurring within that area.

Facts indicating the basis of these determinations must be stated in an affidavit and signed by the affiant under oath

or affirmation.

(e) The warrant must be signed by the issuing official and must bear the hour and date of its issuance.

(f) The warrant must indicate whether it is for the inspection of vehicles entering or approaching a municipality

or whether it is for the inspection of vehicles within or approaching the immediate vicinity of a riot. In either case, it

must also specify with reasonable precision the area within which it may be exercised.

(g) The warrant shall become invalid 24 hours following its issuance and must bear a notation to that effect.

(h) Warrants authorized under this section shall not be regarded as search warrants for the purposes of

application of Article 4 of Chapter 15.


(i) Nothing in this section is intended to prevent warrantless frisks, searches, and inspections to the extent

that they may be constitutional and consistent with common law and governing statutes. (1969, c. 869, s. 1; 2012-12,

s. 2(d).)

§ 14-288.12: Repealed by Session Laws 2012-12, s. 2(e), effective October 1, 2012.






§ 14-288.18. Injunction to cope with emergencies at public and private educational institutions.

(a) The chief administrative officer, or his authorized representative, of any public or private educational

institution may apply to any superior court judge for injunctive relief if an emergency exists within his institution. For

the purposes of this section, the superintendent of any city or county administrative school unit shall be deemed the

chief administrative officer of any public elementary or secondary school within his unit.

(b) Upon a finding by a superior court judge, to whom application has been made under the provisions of this

section, that an emergency exists within a public or private educational institution by reason of riot, disorderly conduct

by three or more persons, or the imminent threat of riot, the judge may issue an injunction containing provisions

appropriate to cope with the emergency then occurring or threatening. The injunction may be addressed to named

persons or named or described groups of persons as to whom there is satisfactory cause for believing that they are

contributing to the emergency, and ordering such persons or groups of persons to take or refrain or desist from taking

such various actions as the judge finds it appropriate to include in his order. (1969, c. 869, s. 1; 2012-12, s. 2(f).)


§ 14-288.20. Certain weapons at civil disorders.

(a) The definitions in G.S. 14-288.1 do not apply to this section. As used in this section:

(1) The term "civil disorder" means any public disturbance involving acts or violence by assemblages

of three or more persons, which causes an immediate danger of damage or injury to the property

or person of any other individual or results in damage or injury to the property or person of any

other individual.

(2) The term "firearm" means any weapon which is designed to or may readily be converted to expel

any projectile by the action of an explosive; or the frame or receiver of such a weapon.

(3) The term "explosive or incendiary device" means (i) dynamite and all other forms of high

explosives, (ii) any explosive bomb, grenade, missile, or similar device, and (iii) any incendiary

bomb or grenade, fire bomb, or similar device, including any device which (i) consists of or

includes a breakable container including a flammable liquid or compound, and a wick

composed of any material which, when ignited, is capable of igniting that flammable liquid or

compound, and (ii) can be carried or thrown by one individual acting alone.

(4) The term "law-enforcement officer" means any officer of the United States, any state, any

political subdivision of a state, or the District of Columbia charged with the execution of the

laws thereof; civil officers of the United States; officers and soldiers of the organized militia

and state guard of any state or territory of the United States, the Commonwealth of Puerto Rico,

or the District of Columbia; and members of the Armed Forces of the United States.

(b) A person is guilty of a Class H felony, if he:

(1) Teaches or demonstrates to any other person the use, application, or making of any firearm,

explosive or incendiary device, or technique capable of causing injury or death to persons,

knowing or having reason to know or intending that the same will be unlawfully employed for

use in, or in furtherance of, a civil disorder; or


(2) Assembles with one or more persons for the purpose of training with, practicing with, or being

instructed in the use of any firearm, explosive or incendiary device, or technique capable of

causing injury or death to persons, intending to employ unlawfully the training, practicing,

instruction, or technique for use in, or in furtherance of, a civil disorder.

(c) Nothing contained in this section shall make unlawful any act of any law-enforcement officer which is

performed in the lawful performance of his official duties. (1981, c. 880, ss. 1, 2; 1993, c. 539, s. 1230; 1994, Ex.

Sess., c. 24, s. 14(c); 2011-183, s. 11.)

§ 14-288.20A. Violation of emergency prohibitions and restrictions.

Any person who does any of the following is guilty of a Class 2 misdemeanor:

(1) Violates any provision of an ordinance or a declaration enacted or declared pursuant to G.S.

166A-19.31.

(2) Violates any provision of a declaration or executive order issued pursuant to G.S. 166A-19.30.

(3) Willfully refuses to leave the building as directed in a Governor's order issued pursuant to G.S.

166A-19.78. (2012-12, s. 1(d).)


POLK COUNTY

EMERGENCY MANAGEMENT AGENCY ORDINANCE

The County of Polk Ordains: Article 1

Polk County Department of Emergency Management

Section 1. Short Title

This ordinance shall be known and may be cited and referred to as “Emergency Management Ordinance”

for the County of Polk.

Section 2. Intent and Purpose

(1) It is the intent and purpose of this Ordinance to establish an office that will insure the complete

and efficient utilization of all the County’s resources to combat disaster resulting from enemy

actions or other disasters as defined herein and administer the daily functions of the Polk County

Emergency Management.

(2) The Polk County Department of Emergency Management will be the coordinating agency for all

activity in connection with Emergency Management. It will be the instrument through which the

Polk County Board of Commissioners may exercise the authority and discharge the

responsibilities vested in them during disaster emergencies.

(3) This Ordinance will not relieve any County Department of the moral responsibilities or authority

given to it in the County Charter or by local ordinances, nor will it adversely affect work of any

volunteer agency organized for relief in disaster emergencies.

Section 3. Definitions

(1) The following definitions shall apply in the interpretation of this Article:

(a) “Emergency Management” is the basic government functions of maintaining the public

peace, health, and safety during an emergency. This term shall include plans and

preparations for protection and relief, recovery and rehabilitation from effects of an

attack by the forces of an enemy nation or the agents thereof, or a disaster as defined

herein. It shall not, however, include any activity that is the primary responsibility of the

military forces of the United States.

(b) “Attack” shall mean direct or indirect assault against the County of Polk, its government,

its environs, or of the nation, by the forces of a hostile nation or the agents thereof,

including assault by bombing, conventional or nuclear, chemical or biological warfare,

terrorism, and sabotage.

(c) “Disaster” includes but is not limited to actual or threatened enemy attack, sabotage,

extraordinary fire, flood, storm, epidemic, accident, chemical spill or other impending or

actual calamity endangering or threatening to endanger health, life or property of

constituted government.

(d) “Emergency Management Forces” shall mean the employees, equipment and facilities

of all County departments, boards, councils, institutions and commissions; and in

addition, it shall include all volunteer personnel, equipment and facilities contributed by,

or obtained from, volunteer persons or agencies.

(e) “Volunteer” shall mean contributing a service, equipment, or facilities to the Emergency

Management Agency without remuneration.


(f) “Emergency Management Volunteer” shall mean any person duly registered, identified

and appointed by the Director of the Polk County Department of Emergency

Management and assigned to participate in the Emergency Management Activity.

(g) “Director” shall mean the Director of the Polk County Department of Emergency

Services designated as prescribed in this Ordinance.

(h) “Regulations” shall include plans, programs, and other emergency procedures deemed

essential to emergency management.

Section 4. Organization and Appointments

(1) The organization shall consist of the following:

(a) An agency of Emergency Management within the executive department of the Polk

County government under the direction of the Polk County Board of Commissioners.

The agency head of the Polk County Department of Emergency Management shall be

known as the Director, and such assistants and other employees as are deemed necessary

for the proper functioning of the agency will be appointed.

(b) The employees and resources of all Polk County departments, boards, institutions, and

councils shall participate in the emergency management activities. Duties assigned to

county departments shall be the same as or similar to the normal duties of the department,

where possible.

(c) Volunteer personnel and agencies offering service to and accepted by the County.

(2) The Polk County Manager shall employ a Director of the Department of Emergency Services who

shall be a person well versed and trained in planning operations involving the activities of many

different agencies which will operate to protect the public health, safety and welfare in the event

of danger from enemy action or disaster as defined in this Ordinance.

(3) The Director shall designate and appoint assistants to assume the emergency duties of the Director

in the event of his absence or inability to act.

Section 5. Day to Day Duties and Responsibilities of the Director

(1) The Director shall be responsible to the Polk County Manager in regard to all phases of emergency

management activity. The Director shall be responsible for the planning, coordination, and

operation of the Emergency Services activities in Polk County. The Director shall maintain

liaison with the State and Federal authorities and the authorities of nearby political subdivisions to

insure the most effective operation of the Emergency Management plans. The Director’s duties

shall include, but not be limited to, the following:

(a) Coordinating the resources of volunteer personnel and agencies to augment the personnel

and facilities of the County of Polk for Emergency Management purposes.

(b) Development and coordination of plans for the immediate use of all facilities, equipment,

manpower and other resources of the County for the purpose of minimizing or preventing

damage to person and property; and protecting and restoring to usefulness governmental

services and public utilities necessary for public health, safety, and welfare.


(c) Negotiating and concluding agreements with owners or persons in control of building or

other property for the use of such buildings or property for the Emergency Management

purposes and designating suitable buildings as public shelters.

(d) Through public informational programs, educating the populace to the actions necessary

and required for the protection of their persons and property in case of enemy attack or

disaster as defined herein, either impending or present.

(e) Conducting public practice alerts to insure the efficient operation of the Emergency

Management forces and to familiarize residents with Emergency Management

regulations, procedures, and operations.

(f) Coordinating the activity of all other public and private agencies engaged in any

Emergency Management activities; and performing other duties as described in the

position job description.

Section 6. Emergency Management Plans

(1) Comprehensive Emergency Management plans shall be adopted and maintained by resolution of

the Polk County Board of Commissioners. In the preparation of these plans as it pertains to city

and county organization, it is intended that the services, equipment and facilities and personnel of

all existing departments and agencies shall be utilized to the fullest extent. When approved, it

shall be the duty of all departments and agencies to perform the functions assigned by these plans

and to maintain their portions of the plans in a current state of readiness at all times. These Plans

shall have the effect of law whenever a disaster, as defined in this Ordinance, has been

proclaimed.

(2) The Director shall prescribe in the emergency plans those portions within the disaster

organization, in addition to his own, for which lines of succession are necessary. In each instance,

the responsible person will designate and keep on file with the Director a current list of three (3)

persons as successors to his position. The list will be in order of succession and will nearly as

possible designate persons best capable of carrying out all assigned duties and functions.

(3) Each service chief and department head assigned responsibility in the Plans shall be responsible

for carrying out all duties and functions assigned therein. Duties will include the organization and

training of assigned employees and where needed, volunteers. Each chief shall formulate the

Standing Operating Procedure to implement the plans for his service.

(4) Amendments to these Plans shall be submitted to the Director. If approved, the Director will then

submit the amendments to the Polk County Board of Commissioners with his recommendation for

their approval. Such amendments shall take effect 30 days from the date of approval.

(5) When a required competency or skill for a disaster function is not available within government,

the Director is authorized to seek assistance from persons outside of government. The assignment

of duties, when of a supervisory nature, shall also include the granting of authority for the persons

so assigned to carry out such duties prior to, during, and after the occurrence of a disaster. Such

services from persons outside of government may be accepted by local government on a volunteer

basis. Such citizens shall be enrolled as Emergency Management volunteers.

Section 7. No Municipal or Private Liability

(1) This ordinance is an exercise by the County of Polk of its governmental functions for the

protection of the public peace, health, and safety, and neither the County of Polk nor agents and

representatives of same or any individual, receiver, firm, partnership, corporation, association, or

trustee, or any of the agents thereof in good faith carrying out, complying with or attempting to


comply with any order, rule or regulation promulgated pursuant to the provisions of this

Ordinance and under the authority, shall be liable for any damage sustained to persons or property

as the result of said activity.

(2) Any person owning or controlling real estate or other premises who voluntarily and without

compensation grants the County of Polk the right to inspect, designate and use the whole or any

part of parts of such real estate or premises for the purpose of sheltering persons during an actual,

impending and/or practice disaster situation shall not be civilly liable for the death of, or injury to,

any persons on or about such real estate or premises under such license, privilege or other

permission; or for loss of, or damage to, the property of such person.

Section 8. Violations

It shall be a misdemeanor for any person to violate any of the provisions of this Ordinance or

plans issued pursuant to the authority contained herein, or to willfully obstruct, hinder or delay any

member of the Emergency Management organization as herein defined in the enforcement of the

provisions of this Ordinance or any plan issued thereunder.

Section 9. Severability

Should any provision of this Ordinance be declared invalid for any reason, such declaration shall

not affect the validity of other provisions of this Ordinance as a whole, it being the legislative

intent that the provisions of this Ordinance shall be severable and retain valid notwithstanding

such declaration.

Section 10. Conflicting Ordinances, Orders, Rules and Regulations Suspended

At all times when the orders, rules, and regulations made and promulgated pursuant to this Article

shall be in effect, they shall supersede all existing ordinances, orders, rules and regulations insofar

as the latter may be inconsistent therewith.

Section 11. Effective Date

This Ordinance took effect on May 7, 2001

Chairperson Polk County Board of Commissioners


POLK COUNTY STATE OF EMERGENCY ORDINANCE

AN ORDIANCE AUTHORIZING THE PROCLAMATION OF A STATE OF EMERGENCY AND THE

IMPOSITION OF PROHIBITIONS AND RESTRICTIONS DURING A STATE OF EMERGENCY

Under the authority of Article 36A of Chapter 14, Chapter 166A, and Chapter 153A of the North Carolina General

Statutes, the County of Polk ordains:

Section 1. State of Emergency; Restrictions Authorized

(a) A State of Emergency shall be deemed to exist whenever during times of public crisis, disaster,

rioting, catastrophe, or similar public emergency, for any reason, public safety authorities are

unable to maintain public order or afford adequate protection and/or safety of lives, or property, or

whenever the occurrence of any such condition is imminent.

(b) In the event of an existing or threatened State of Emergency endangering the lives, safety, health

and welfare of the people of Polk County or any part thereof. Or threatening damages to or

destruction of property, the Chairperson of the Board of Commissioners of Polk County is hereby

authorized and empowered under Section 14-288.13 and 166A-8 to issue a public proclamation

declaring to all persons the existence of such a State of Emergency and in order to more

effectively protect the lives and property of people within the county, to place in effect any or all

of the restrictions hereinafter authorized.

(c) The Chairperson is hereby authorized and empowered to limit by the proclamation the application

of all or any part of such restrictions to any area specifically designated or described within the

county and to specific hours of the day or night; and to exempt from all or any part of such

restrictions, while acting in the line of and within the scope of their respective duties; Emergency

Management officials, law enforcement officers, firemen and other public employees, rescue

squad members, doctors, nurses, employees of hospitals and other medical facilities; American

Red Cross volunteers and paid staff; on-duty military personnel, whether state or federal; on-duty

employees of public utilities, public transportation companies, and newspaper, magazine, radio

broadcasting, and television broadcasting corporations operated for profit; and such other classes

of persons as may be essential to the preservation of public order and immediately necessary to

serve the safety, health, and welfare needs of people within the county.

Section 2. Proclamation Imposing Prohibitions and Restrictions:

(a) The Chairperson of the Board of Commissioners of Polk County by proclamation may impose the

prohibitions and restrictions specified in section 3 through 8 of this ordinance in the manner

described in those sections. The Chairperson may impose as many of those specified prohibitions

and restrictions as he/she finds are necessary, because of an emergency, to maintain an acceptable

level of public order and services and to protect lives, safety, and property. The Chairperson shall

recite his findings in the proclamation.

(b) The proclamation shall be in writing. The Chairperson shall take reasonable steps to give notice

of the terms of the proclamation to those affected by it and shall post a copy of it in the County

Courthouse. The Chairperson shall send reports of the substance of the proclamation to the mass

communications media, which serves the affected area. The Chairperson shall retain a text of the

proclamation and furnish upon request certified copies of it.

Section 3. Evacuation

The Chairperson may direct and compel the evacuation of all or part of the population of the County of

Polk, to prescribe routes, modes of transportation, and destination in connection with evacuation; and to


control ingress and egress of a disaster area, the movement of persons within the area, and the occupancy of

premises therein. Details of the evacuation may be set forth or amended in a subsequent proclamation,

which shall be well publicized.

Section 4. Curfew

(a) The proclamation may impose a curfew prohibiting in certain areas and during certain periods the

appearance in public of anyone who is not a member of an exempted class. The proclamation

shall specify the geographical area or areas and the period during each 24-hour day to which the

curfew applies. The Chairperson may exempt from some or all of the curfew restrictions classes

of people whose exemption the Chairperson finds necessary for the preservation of the public

health, safety, and welfare. The proclamation shall state the exempted classes and the restrictions

from which each is exempted.

(b) Unless otherwise specified in the proclamation, the curfew shall apply during the specified period

each day until the Chairperson, by proclamation removes the curfew.

Section 5. Restrictions on Possession Consumption, or Transfer of Alcoholic Beverages

The proclamation may prohibit the possession or consumption of any alcoholic beverage; including beer,

wine, and spirituous liquor other than on one’s own premises, and may prohibit the transfer, transportation,

sale or purchases of any alcoholic beverage within the area of the County described in the proclamation.

The prohibition, if imposed, may apply to transfers of alcoholic beverages by employees of Alcoholic

Beverage Control stores as well as by anyone else within the geographical area described.

Section 6. Restriction on Possession, Transportation, and Transfer of Dangerous Weapons and Substances

(a) The proclamation may prohibit the transportation or possession off one’s own premises, or the sale

or purchase of any dangerous weapon or substance. The Chairperson may exempt from some or

all of the restrictions classes of people whose possession, transfer, or transportation of certain

dangerous weapons or substances is necessary to the preservation of the public’s health, safety, or

welfare. The proclamation shall state the exempted classes and the restrictions from which each is

exempted.

(b) “Dangerous weapon or substance” means:

(1) Any deadly weapon, ammunition, explosive, incendiary device, radioactive material or

device as defined in General Statue 14-288.8 (c) (5), gasoline, or other instrument or

substances designed for a use that carries a threat of serious bodily injury or destruction

of property.

(2) Any other instrument or substance that is capable of being used to inflict serious bodily

injury or destruction of property, when the circumstances indicate there is some

probability that such instrument or substance will be so used.

(3) Any part or ingredient in any instrument or substance included above when the

circumstances indicate a probability that such a part or ingredient will be so used.

(c) If imposed, the restrictions shall apply throughout the jurisdiction of the County or such part

thereof as designated in the proclamation.

(d) A violation of this section shall be punishable as provided in General Statue 14-288.7.


Section 7. Restrictions on Access to Areas

(a) The proclamation may prohibit obtaining access or attempting to obtain access to any area

designated in the manner described in this section, in violation of any order, clearly posted notice,

or barricade indicating that access is denied or restricted.

(b) Areas to which access is denied or restricted shall be designated by the Emergency Management

Director and his subordinates or law enforcement officers when directed in the proclamation to do

so by the Chairperson. When acting under this authority, the Emergency Management Director

and his subordinates may restrict or deny access to any area, street, highway or location within the

County if that restriction or denial of access or use is reasonably necessary to promote efforts

being made to overcome the emergency or to prevent further aggravation of the emergency.

Section 8. The Proclamation may prohibit or restrict:

(a) Movement of people in public places;

(b) The operation of offices, business establishments, and other places to or from which people may

travel or at which they may congregate; and

(c) Other activities or conditions the control of which may be reasonably necessary to maintain order

and protect lives or property during the state of emergency, within the area designated in the

proclamation.

Section 9. Removal of Prohibitions and Restrictions

The Chairperson shall by proclamation terminate the entire declaration of emergency or remove any of the

prohibitions and restrictions when the emergency no longer requires them, or when directed to do so by the

Board of Commissioners.

Section 10. Superseding and Amendatory Proclamations

The Chairperson in at his/her discretion, may invoke the restrictions authorized by this ordinance in

separate proclamations, and may amend any proclamation by means of a superseding proclamation in

accordance with the procedures set forth in Section 2 for proclamations.

Section 11. Termination of Proclamation

Any proclamation issued under this ordinance shall expire five days after its last imposition unless sooner

terminated in writing under the same procedures set forth in Section 2 for proclamations.

Section 12. In Case of Absence or Disability of Chairperson

In case of the absence or disability of the Chairperson, such other person as may be designated by the

Board of County Commissioners, shall have an exercise of all the powers herein given the Chairperson.

The line of succession shall be the Vice-Chairperson, any other Commissioner, the County Manager, the

Emergency Management Director, and the Emergency Medical Services (EMS) Director and/or Operations

Officers. The Emergency Management Director or the EMS Director and/or Operations Officers shall have

the authority to invoke Section 3 of this Ordinance when immediacy of necessary action precludes contact

with the chain of command as prescribed.

Section 13. Penalty for Violation

Except as provided in section 6, any person violating any prohibition or restriction imposed by a

proclamation authorized by this ordinance shall be guilty of a misdemeanor, punishable upon conviction by

a fine not exceeding fifty dollars ($50.00) or imprisonment not exceeding 30 days, as provided by General

Statue 14-4


Section 14. Repeal of Conflicting Ordinances

All ordinances in conflict with the provisions of this ordinance are hereby repealed.

Section 15. Territorial Applicability

This ordinance shall NOT apply within the corporate limits of any municipality, or within any area of the

County over which the municipality has jurisdiction to enact general police-power ordinances, unless the

municipality by resolution consents to its application or the Mayor of the municipality has requested its

application, in which event it shall apply to such areas as fully and to the same extent as elsewhere in the

County.

Section 16. Effective Date of Ordinance

This ordinance took effect May 7, 2001

Chairperson Polk County Board of Commissioners


PROCLAMATION OF COUNTY STATE OF EMERGENCY

Section 1. Pursuant to the Polk County State of Emergency Ordinance and Chapter 166A of the North Carolina

General Statutes and Article 36A, Chapter 14 of the North Carolina General Statutes, I have determined that a

STATE OF EMERGENCY as defined in the County State of Emergency Ordinance exists in the County of Polk.

Section 2. I, therefore, proclaim the existence of a STATE OF EMERGENCY in the County of Polk.

Section 3. I hereby order all county personnel subject to my control to cooperate in the enforcement and

implementation of the provisions of the county emergency ordinances which are set forth below.

Section 4. Evacuation. I have determined that, in the best interest of public safety and protection, it is necessary

to evacuate the civilian population from the County of Polk (in part or its entirety). Citizens are free to use any type

of transportation, but are to use only in leaving the county. Evacuation is to occur as soon

as possible. Further proclamation concerning evacuation will be issued as needed.

Section 5. Curfew. Unless a member of the County’s law enforcement agency or the emergency management

program, every person who is located within a radius of is to be inside a

house or dwelling between the hours of and .

Section 6. No Alcoholic Beverages. There shall be no sale, consumption, transportation, or possession of alcoholic

beverages during the State of Emergency in the County of Polk, except for possession or consumption on one’s

own premises.

Section 7. No Firearms, ammunition, or explosives. During the State of Emergency, there shall be no sale of

any type of firearm, ammunition, or possession of such items along with any type of explosive off owner’s own

premises.

Section 8. Execution of Emergency Plan. All civilians and emergency personnel are hereby ordered to comply

with the Polk County Emergency Operations Plan.

Section 9. This proclamation shall become effective immediately.

Proclaimed this the day of , , at .

Chairperson, Polk County Board of Commissioners


PROCLAMATION TERMINATING A COUNTY STATE OF EMERGENCY

Section 1. On the day of , , at

_____. I proclaimed a local State of Emergency for the County of Polk.

Section 2. On the day of , , at . I ordered the evacuation

of all civilians from the area, imposed a curfew, prohibited the possession and/or consumption of

alcoholic beverages, the possession and/or sale of firearms, ammunition, and explosives, and

ordered the execution of the Polk County Emergency Operations Plan.

Section 3. I have determined that a State of Emergency no longer exists in the County of Polk.

Section 4. I hereby terminate the proclamation of a local State of Emergency and all restrictions and orders

therein.

Section 5. This proclamation is effective immediately. Proclaimed this the day of

, , at .



HAZARDOUS MATERIALS RESPONSE; FINANCIAL RESPONSIBILITY

ORDINANCE

Section 1. Purpose and Authority.

The Polk County Office of Emergency Management coordinate the response of governmental agencies and

the general public to natural, manmade and nuclear disasters. In addition, the office outlines and

implements standard emergency response procedures to minimize suffering and property damage caused by

said disasters. As a result of such, the office finds it necessary to recover the cost of resources utilized in

such effort.

Section 2. Definitions

(a) “Having control over” shall mean, but not be limited to, any person using, transferring, storing, or

transporting a hazardous material on to the land or into the air or the waters of the county.

(b) “Hazardous material” means any substance which, when discharged in any quantity, may present

an imminent and substantial danger to the public health or welfare or to the environment.

(c) “Hazardous material response” means the sending of equipment, resources, and materials by the

county or at the request of the county to abate hazardous materials which endanger the health or

safety of persons or the environment.

(d) “Person” includes individuals, firms, partnerships, associations, institutions, corporations, local

governments, and governmental agencies.

Section 3. Responsibility; fees and charges.

(a) The property owner and/or the person exercising or having control over the hazardous materials

that created the emergency shall be financially responsible for any expense incurred by the county,

a volunteer fire department or a rescue squad during the abatement, containment, and control of

hazardous materials. The Polk County Office of Emergency Services, through the county finance

department, shall be responsible for billing and collecting from said owner and/or persons all such

costs associated with a hazardous materials response by said office.

(b) Failure to pay the charges as assessed shall give the county the right to levy a lien upon the land or

the premises where the hazardous material response arose and the levy shall be collected in the

same manner as unpaid taxes pursuant to authority of North Carolina general Statue 153A-140

Section 4. Effective Date

This ordinance took effect May 7, 2001



NORTH CAROLINA STATEWIDE EMERGENCY MANAGEMENT MUTUAL AID AND

ASSISTANCE AGREEMENT

Revision – January 2012 THIS AGREEMENT IS ENTERED INTO BETWEEN THE NORTH CAROLINA DEPARTMENT OF PUBLIC

SAFETY, AND ITS DIVISION OF EMERGENCY MANAGEMENT OF THE STATE OF NORTH CAROLINA

AND BY EACH OF THE ENTITIES THAT EXECUTES AND ADOPTS THE UNDERSTANDINGS,

COMMITMENTS, TERMS, AND CONDITIONS CONTAINED HEREIN:

WHEREAS, the State of North Carolina is geographically vulnerable to a variety of natural disasters;

WHEREAS, Chapter 166A of the North Carolina General Statutes, entitled the North Carolina Emergency

Management Act, recognizes this vulnerability and provides that its intended purposes are to:

(1) Reduce vulnerability of people and property of this State to damage, injury, and loss of life and property;

(2) Prepare for prompt and efficient rescue, care, and treatment of threatened or affected persons;

(3) Provide for the rapid and orderly rehabilitation of persons and restoration of property; and

(4) Provide for cooperation and coordination of activities relating to emergency and disaster mitigation, preparedness,

response, and recovery;

WHEREAS, in addition to the State, the Federal Emergency Management Agency (FEMA) has recognized the

importance of the concept of coordination between the State and local governments;

WHEREAS, under Chapter 166A and other chapters of the North Carolina General Statutes, entities entering into

mutual aid and assistance agreements may include provisions for the furnishing and exchanging of supplies,

equipment, facilities, personnel and services; and

WHEREAS, the entities which have chosen to become signatories to this Agreement wish to provide mutual aid and

assistance amongst one another at the appropriate times;

THEREFORE, pursuant to G.S. 166A-10(b), these entities agree to enter into this Agreement for reciprocal emergency

management aid and assistance, with this Agreement embodying the understandings, commitments, terms, and

conditions for said aid and assistance, as follows: Section I. DEFINITIONS

"Agreement" means this document, the North Carolina Statewide Emergency Management Mutual Aid and Assistance

Agreement.

"Aid and assistance" includes personnel, equipment, facilities, services, supplies, and other resources.

"Authorized Representative" means a party's employee who has been authorized, in writing by that party, to request,

to offer, or to otherwise provide assistance under the terms of this Agreement. The list of Authorized Representatives

for each party executing this Agreement shall be attached to the executed copy of this Agreement. (In the event of a

change in personnel, unless otherwise notified the presumption will be that the successor to that position will be the

authorized representative.)

"Disaster" means an occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property,

resulting from any natural or man-made accidental, military, or paramilitary cause.

"Local Agency" means a county agency charged with coordination of all emergency management activities for its

geographical limits pursuant to G.S. 166A-7.

"Party" means a governmental entity which has adopted and executed this Agreement.

"Provider" means the party which has received a request to furnish aid and assistance from another party in need (the

"Recipient").

"Recipient" means the party setting forth a request for aid and assistance to another party (the "Provider").

Section II. INITIAL RECOGNITION OF PRINCIPLE BY ALL PARTIES; AGREEMENT PROVIDES NO

RIGHT OF ACTION FOR THIRD PARTIES As this is a reciprocal contract, it is recognized that any party to this Agreement may be requested by another party to

be a Provider. It is mutually understood that each party's foremost responsibility is to its own citizens. The provisions

of this Agreement shall not be construed to impose an unconditional obligation on any party to this Agreement to

provide aid and assistance pursuant to a request from another party. Accordingly, when aid and assistance have been

requested, a party may in good faith withhold the resources necessary to provide reasonable and adequate protection

for its own community, by deeming itself unavailable to respond and so informing the party setting forth the request.

Given the finite resources of any jurisdiction and the potential for each party to be unavailable for aid and assistance

at a given point in time, the parties mutually encourage each other to enlist other entities in mutual aid and assistance

efforts and to enter into such agreements accordingly. Concomitantly, the parties fully recognize that there is a highly

meritorious reason for entering


into this Agreement, and accordingly shall attempt to render assistance in accordance with the terms of this Agreement

to the fullest extent possible.

Pursuant to G.S. 166A-14 and as elaborated upon in Section X of this Agreement, all functions and activities

performed under this Agreement are hereby declared to be governmental functions. Functions and activities performed

under this Agreement are carried out for the benefit of the general public and not for the benefit of any specific

individual or individuals. Accordingly, this Agreement shall not be construed as or deemed to be an agreement for the

benefit of any third parties or persons and no third parties or persons shall have any right of action under this

Agreement for any cause whatsoever. All immunities provided by law shall be fully applicable as elaborated upon in

Section X of this Agreement.

Section III. PROCEDURES FOR REQUESTING ASSISTANCE

Mutual aid and assistance shall not be requested unless the resources available within the stricken area are deemed

inadequate by Recipient. When Recipient becomes affected by a disaster and deems its resources inadequate, it may

request mutual aid and assistance by communicating the request to Provider, indicating the request is made pursuant

to this mutual aid agreement. The request shall be followed as soon as practicable by a written confirmation of that

request, including the transmission of a proclamation of local state of emergency under G.S. 166A-8 and Article 36 A

of Chapter 14 of the NC General Statutes, and a completed form describing its projected needs in light of the disaster.

All requests for mutual aid and assistance shall be transmitted by the party's Authorized Representative or to the

Coordinator of the Local Agency as set forth below.

A. METHOD OF REQUEST FOR MUTUAL AID AND ASSISTANCE: Recipient shall set forth requests by means of

one of the two options described as follows:

(i) REQUESTS ROUTED THROUGH THE RECIPIENT'S LOCAL AGENCY: Recipient may directly contact the Local

Agency, in which case it shall provide the Local Agency with the information in paragraph B of this Section (Section

III). The Local Agency shall then contact other parties on behalf of Recipient to coordinate the provision of mutual

aid and assistance. Recipient shall be responsible for the costs and expenses incurred by any Provider in providing aid

and assistance pursuant to Section VII of this Agreement.

(ii) REQUESTS MADE DIRECTLY TO PROVIDER: Recipient may directly contact Provider's authorized

representative, setting forth the information in paragraph B of this Section (Section III). All communications shall be

conducted directly between Recipient and Provider. Recipient shall be responsible for the costs and expenses incurred

by any Provider in providing aid and assistance pursuant to the provisions of this Agreement as noted in Section VII

of this Agreement. Provider and recipient shall be responsible for keeping Local Agencies advised of the status of

response activities, in a timely manner.

(iii) RECORD OF REQUESTS TO BE PROVIDED: A record of the request for assistance shall be provided by the

Recipient to the Director of the Division of Emergency Management in the NC Department of Public Safety, in a

timely manner.

B. REQUIRED INFORMATION: Each request for assistance shall be accompanied by the following information, in

writing or by any other available means, to the extent known:

1. Stricken Area and Status: A general description summarizing the condition of the community (i.e., whether the

disaster is imminent, in progress, or has already occurred) and of the damage sustained to date;

2. Services: Identification of the service function(s) for which assistance is needed and the particular type of assistance

needed;

3. Infrastructure Systems: Identification of the type(s) of public infrastructure system for which assistance is needed

(water and sewer, storm water systems, streets) and the type of work assistance needed;

4. Aid and Assistance: The amount and type of personnel, equipment, materials, and supplies needed and a reasonable

estimate of the length of time they will be needed;

Provider's Traveling Employee Needs--Unless otherwise specified by Recipient, it is mutually understood that

Recipient will provide for the basic needs of Provider's traveling employees. Recipient shall pay for all reasonable

out-of-pocket costs and expenses of Provider's personnel, including without limitation transportation expenses for

travel to and from the stricken area. Further, Recipient shall house and feed Provider's personnel at its (Recipient's)

sole cost and expense. If Recipient cannot provide such food and/or housing at the disaster area, Recipient shall specify

in its request for assistance that self-contained personnel are needed.

5. Facilities: The need for sites, structures, or buildings outside Recipient's geographical limits to serve as relief centers

or staging areas for incoming emergency goods and services; and

6. Meeting Time and Place: An estimated time and a specific place for a representative of Recipient to meet the

personnel and resources of any Provider.

C. STATE AND FEDERAL ASSISTANCE: Recipient shall be responsible for coordinating requests for state or federal

assistance with its (Recipient's) Local Agency.


Section IV. PROVIDER'S ASSESSMENT OF AVAILABILITY OF RESOURCES AND ABILITY TO

RENDER ASSISTANCE When contacted by the Recipient/Local Agency, Provider's authorized representative shall assess Provider's own local

situation in order to determine available personnel, equipment, and other resources. If Provider's authorized

representative determines that Provider has available resources, Provider's authorized representative shall so notify

the Recipient/Local Agency (whichever communicated the request). Provider shall complete a written

acknowledgment, whether on the request form received from Recipient or on another form, regarding the assistance

to be rendered (or a rejection of the request) and shall transmit it by the most efficient practical means to the

recipient/Local Agency for a final response. Provider's acknowledgment shall contain the following information:

1. In response to the items contained in the request, a description of the personnel, equipment, and other resources

available;

2. The projected length of time such personnel, equipment, and other resources will be available to serve Recipient,

particularly if the period is projected to be shorter than one week (as provided in the "Length of Time for Aid and

Assistance" section [Section VI] of this Agreement.)

3. The estimated time when the assistance provided will arrive at the location designated by the Authorized

Representative of the Requesting Party; and

4. The name of the person(s) to be designated as Provider's supervisory personnel (pursuant to the "Supervision and

Control" section [Section V] of this Agreement.)

Where a request has been submitted to the Local Agency, the Local Agency shall notify Recipient's authorized

representative and forward the information from Provider. The Recipient/Local Agency shall respond to Provider's

written acknowledgment by executing and returning a copy of the form to Provider by the most efficient practical

means, maintaining a copy for its file.

Section V. SUPERVISION AND CONTROL

Provider shall designate supervisory personnel amongst its employees sent to render aid and assistance to Recipient.

As soon as practicable, Recipient shall assign work tasks to Provider's supervisory personnel, and unless specifically

instructed otherwise, Recipient shall have the responsibility for coordinating communications between Provider's

supervisory personnel and Recipient. Recipient shall provide necessary credentials to Provider's personnel authorizing

them to operate on behalf of Recipient.

Based upon such assignments set forth by Recipient, Provider's supervisory personnel shall:

(1) have the authority to assign work and establish work schedules for Provider's personnel. Further, direct supervision

and control of Provider's personnel, equipment, and other resources shall remain with Provider's supervisory

personnel. Provider should be prepared to furnish communications equipment sufficient to maintain communications

among its respective operating units, and if this is not possible, Provider shall notify Recipient accordingly;

(2) maintain daily personnel time records, material records, and a log of equipment hours;

(3) shall report work progress to Recipient at mutually agreed upon intervals.

Section VI. LENGTH OF TIME FOR AID AND ASSISTANCE; RENEWABILITY; RECALL

Unless otherwise provided, the duration of Provider's assistance shall be for an initial period of seven days, starting

from the time of arrival. Thereafter, assistance may be extended in daily or weekly increments as the situation warrants,

for a period agreed upon by the authorized representatives of Provider and Recipient.

As noted in Section II of this Agreement, Provider's personnel, equipment, and other resources shall remain subject

to recall by Provider to provide for its own citizens if circumstances so warrant. Provider shall make a good faith effort

to provide at least twenty-four (24) hours advance notification to Recipient of its (Provider's) intent to terminate

mission, unless such notice is not practicable, in which case as much notice as is reasonable under the circumstances

shall be provided.

Section VII. REIMBURSEMENTS

Except as otherwise provided below, it is understood that Recipient shall pay to Provider all documented costs and

expenses incurred by Provider as a result of extending aid and assistance to Recipient. The terms and conditions

governing reimbursement for any assistance provided under this Agreement shall be in accordance with the following

provisions, unless otherwise agreed in writing by Recipient and Provider. Recipient shall be ultimately responsible

for reimbursement of all eligible expenses.

A. Personnel-- During the period of assistance, Provider shall continue to pay its employees according to its then

prevailing ordinances, rules, and regulations. Recipient shall reimburse Provider for all direct and indirect payroll

costs and expenses including travel expenses incurred during the period of assistance, including, but not limited to,

employee retirement benefits as provided by Generally Accepted Accounting Principles (GAAP). However, as stated

in Section IX of this Agreement, Recipient shall not be responsible for reimbursing any amounts paid or due as benefits


to Provider's personnel under the terms of the North Carolina Workers' Compensation Act (Chapter 97 of the North

Carolina General Statutes).

B. Equipment-- Provider shall be reimbursed by Recipient for the use of its equipment during the period of assistance

according to either a pre-established local or state hourly rate or according to the actual replacement, operation, and

maintenance expenses incurred. For those instances in which costs are reimbursed by the Federal Emergency

Management Agency (FEMA), the FEMA-eligible direct costs shall be determined in accordance with 44 C.F.R.

206.228. Provider shall pay for all repairs to its equipment as determined necessary by its on-site supervisor(s) to

maintain such equipment in safe and operational condition. At the request of Provider, fuels, miscellaneous supplies,

and minor repairs may be provided by Recipient, if practical. The total equipment charges to Recipient shall be reduced

by the total value of the fuels, supplies, and repairs furnished by Recipient and by the amount of any insurance proceeds

received by Provider.

C. Materials And Supplies-- Provider shall be reimbursed for all materials and supplies furnished by it and used or

damaged during the period of assistance, except for the costs of equipment, fuel and maintenance materials, labor, and

supplies, which shall be included in the equipment rate established in subsection B of this section (Section VII), unless

such damage is caused by gross negligence, willful and wanton misconduct, intentional misuse, or recklessness of

Provider's personnel. Provider's personnel shall use reasonable care under the circumstances in the operation and

control of all materials and supplies used by them during the period of assistance. The measure of reimbursement shall

be determined in accordance with 44 C.F.R. 206.228. In the alternative, the parties may agree that Recipient will

replace, with like kind and quality as determined by Provider, the materials and supplies used or damaged. If such an

agreement is made, it shall be reduced to writing and transmitted to the North Carolina Division of Emergency

Management.

D. Record Keeping-- Recipient and NC Division of Emergency Management personnel shall provide information,

directions, and assistance for record keeping to Provider's personnel. Provider shall maintain records and submit

invoices for reimbursement by Recipient or the NC Division of Emergency Management using the format used or

required by FEMA publications, including 44 C.F.R. part 13 and applicable Office of Management and Budget (OMB)

Circulars.

E. Payment; Other Miscellaneous Matters as to Reimbursements-- The reimbursable costs and expenses with an

itemized notice shall be forwarded as soon as practicable after the costs and expenses are incurred, but not later than

sixty (60) days following the period of assistance, unless the deadline for identifying damage is extended in accordance

with 44 C.F.R. part 206. Recipient shall pay the bill or advise of any disputed items, not later than sixty (60) days

following the billing date. These time frames may be modified in writing by mutual agreement. This shall not preclude

Provider or Recipient from assuming or donating, in whole or in part, the costs and expenses associated with any loss,

damage, or use of personnel, equipment, and resources provided to Recipient.

Section VIII. RIGHTS AND PRIVILEGES OF PROVIDER'S EMPLOYEES

Pursuant to G.S. 166A-14, whenever Provider's employees are rendering aid and assistance pursuant to this

Agreement, such employees shall retain the same powers, duties, immunities, and privileges they would ordinarily

possess if performing their duties within the geographical limits of Provider.

Section IX. PROVIDER'S EMPLOYEES COVERED AT ALL TIMES BY PROVIDER'S WORKERS'

COMPENSATION POLICY Recipient shall not be responsible for reimbursing any amounts paid or due as benefits to Provider's employees under

the terms of the North Carolina Workers' Compensation Act, Chapter 97 of the General Statutes, due to personal injury

or death occurring during the period of time such employees are engaged in the rendering of aid and assistance under

this Agreement. It is mutually understood that Recipient and Provider shall be responsible for payment of such

workers' compensation benefits only to their own respective employees. Further, it is mutually understood that

Provider will be entirely responsible for the payment of workers' compensation benefits to its own respective

employees pursuant to G.S. 97-51.

Section X. IMMUNITY

Pursuant to G.S. 166A-14, all activities performed under this Agreement are hereby declared to be governmental

functions. Neither the parties to this Agreement, nor, except in cases of willful


misconduct, gross negligence, or bad faith, their personnel complying with or reasonably attempting to comply with

this Agreement or any ordinance, order, rule, or regulation enacted or promulgated pursuant to the provisions of this

Agreement shall be liable for the death of or injury to persons, or for damage to property as a result of any such

activity.

Section XI. PARTIES MUTUALLY AGREE TO HOLD EACH OTHER HARMLESS FROM LIABILITY

Each party (as indemnitor) agrees to protect, defend, indemnify, and hold the other party (as indemnitee), and its

officers, employees and agents, free and harmless from and against any and all losses, penalties, damages, assessments,

costs, charges, professional fees, and other expenses or liabilities of every kind and arising out of or relating to any

and all claims, liens, demands, obligations, actions, proceedings, or causes of action of every kind in connection with

or arising out of indemnitor's negligent acts, errors and/or omissions. Indemnitor further agrees to investigate, handle,

respond to, provide defense for, and defend any such claims, etc. at indemnitor's sole expense and agrees to bear all

other costs and expenses related thereto. To the extent that immunity does not apply, each party shall bear the risk of

its own actions, as it does with its day-to-day operations, and determine for itself what kinds of insurance, and in what

amounts, it should carry. Each party understands and agrees that any insurance protection obtained shall in no way

limit the responsibility to indemnify, keep, and save harmless the other parties to this Agreement. Notwithstanding

the foregoing, to the extent that each party does not purchase insurance, it shall not be deemed to have waived its

governmental immunity by law.

SECTION XII. ROLE OF THE DIVISION OF EMERGENCY MANAGEMENT

Under this Agreement, the responsibilities of the NC Division of Emergency Management are: (1) to serve as the

central depository for executed agreements, to maintain a current listing of entities with their authorized

representatives and contact information, and to provide this listing to each of the entities on an annual basis; (2) to

coordinate the provision of mutual aid and assistance to a requesting party, pursuant to the provisions of this

Agreement; (3) to keep a record of all requests for assistance and acknowledgments; (4) to report on the status of

ongoing emergency or disaster-related mutual aid and assistance as appropriate; and (5) if the parties so designate, to

serve as the eligible entity for requesting reimbursement of eligible costs from FEMA and provide information,

directions, and assistance for record keeping pursuant thereto.

Section XIII. AMENDMENTS

Manner-- This Agreement may be modified at any time upon the mutual written consent of the Recipient and Provider.

Addition of Other Entities--Additional entities may become parties to this Agreement upon: (1) acceptance and

execution of this Agreement; and (2) sending said executed copy of the Agreement to the NC Division of Emergency

Management.

Section XIV. INITIAL DURATION OF AGREEMENT; RENEWAL; TERMINATION This Agreement shall

be binding for not less than one (1) year from its effective date, unless terminated upon at least sixty (60) days advance

written notice by a party as set forth below. Thereafter, this Agreement shall continue to be binding upon the parties

in subsequent years, unless canceled by written notification served personally or by registered mail upon the Director

of NC Division of Emergency Management, which shall provide copies to all other parties. The withdrawal shall not

be effective until sixty (60) days after notice thereof has been sent by the Director of the NC Division of Emergency

Management to all other parties. A party's withdrawal from this Agreement shall not affect a party's reimbursement

obligations or any other liability or obligation under the terms of this Agreement incurred hereunder. Once the

withdrawal is effective, the withdrawing entity shall no longer be a party to this Agreement, but this Agreement shall

continue to exist among the remaining parties.

Section XV. HEADINGS

The headings of various sections and subsections of this Agreement have been inserted for convenient reference only

and shall not be construed as modifying, amending, or affecting in any way the express terms and provisions of this

Agreement.

Section XVI. SEVERABILITY: EFFECT ON OTHER AGREEMENTS

Should any clause, sentence, provision, paragraph, or other part of this Agreement be adjudged by any court of

competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this

Agreement. Each of the parties declares that it would have entered into this Agreement irrespective of the fact that

any one or more of this Agreement's clauses, sentences, provisions, paragraphs, or other parts have been so declared

invalid. Accordingly, it is the intention of the parties that the remaining portions of this Agreement shall remain in full

force and effect without regard to the clause(s), sentence(s), provision(s), paragraph(s), or other part(s) invalidated.

In the event that parties to this Agreement have entered into other mutual aid and assistance contracts, for example

pursuant to Chapter 160A of the North Carolina General Statutes, those parties agree that to the extent a request for

mutual assistance is made pursuant to this agreement, those other mutual aid and assistance contracts are superseded

by this Agreement.


Section XVII. EFFECTIVE DATE

This Agreement shall take effect upon its approval by the entity seeking to become a signatory to this Agreement and

upon proper execution hereof.

IN WITNESS WHEREOF, each of the parties have caused this North Carolina Statewide Emergency Management

Mutual Aid and Assistance Agreement to be duly executed in its name and behalf by its chief executive officer, who

has signed accordingly with seals affixed and attested with concurrence of a majority of its governing board, as of the

date set forth in this Agreement.

EMERGENCY MANAGEMENT DIVISION

DEPARTMENT OF PUBLIC SAFETY

BY: _____________________________________ WITNESS:

REUBEN F. YOUNG, Secretary

Department of Public Safety ___________________________

Date: _____________________

BY: _____________________________________ WITNESS:

H. DOUGLAS HOELL, JR., Director

Emergency Management Division ___________________________

Date: _____________________

BY: _____________________________________ WITNESS:

Chief Executive Officer – Local Government Unit

Printed Name and Title ______________________ ___________________________

_________________________________________

Name of Unit: _____________________________

Date: _____________________

APPROVED AS TO PROCEDURES:

BY: ____________________________________

MARVIN L. MERVIN, Controller

Department of Public Safety

Date: _____________________


N.C. STATEWIDE MUTUAL AID AND ASSISTANCE AGREEMENT

List of Authorized Representatives to Contact for Emergency Assistance Name of Unit:

POLK COUNTY GOVERNMENT_______________________________________________

And Mailing Address:

POST OFFICE BOX 308_______________________________________________

COLUMBUS, NC 28722_______________________________________________

Date: DECEMBER 3 2013____________________________

===================================================================

I. PRIMARY REPRESENTATIVE:

Name: BOBBY ARLEDGE ____________________________________________________

Title: EMERGENCY MANAGEMENT DIRECTOR_________________________________

Day Phone: (828) 894-6342__________ Night Phone: (828) 817-6476_________________

Fax: (828) 894-2913_______________ Cell Phone: ((828) 817-6476) __________________

===================================================================

II. FIRST ALTERNATE REPRESENTATIVE:

Name: MICHAEL CRATER_____________________________________________________

Title: EMERGENCY SERVICES DIRECTOR_______________________________________

Day Phone: (828) 894-3067__________ Night Phone: (828) 748-8318________________

Fax: ( _) ________________________ Cell Phone: (828) 748-8318__________________

===================================================================

III. SECOND ALTERNATE REPRESENTATIVE:

Name: MARCHE PITTMAN_____________________________________________________

Title: COUNTY MANAGER_____________________________________________

Day Phone: (828) 894-3301_________ Night Phone: (828) 817-1770___________

Fax: ( _) ________________________ Cell Phone: (828) 817-1770_____________


MEMORANDUM OF UNDERSTANDING (MOU)

THE AMERICAN RED CROSS

This MOU is being rewritten by the new American Red Cross Staff.


MUTUAL AID AGREEMENT

BETWEEN

HENDERSON COUNTY AND POLK COUNTY



BETWEEN

RUTHERFORD COUNTY AND POLK COUNTY



BETWEEN

SPARTANBURG COUNTY AND POLK COUNTY

Under Development



BETWEEN

GREENVILLE COUNTY AND POLK COUNTY

Under Development


ANNEX A

DIRECTION AND CONTROL

I. PURPOSE

This annex outlines the direction and control procedures for emergency operations and identifies the

personnel, facilities, and resources, which will be utilized in the coordinated response activities.

II. CONCEPT OF OPERATION

A. General

1. Emergency operations shall include all activities, which are directed toward reduction of

the immediate hazard, establishing situation control, and restoration of normal operations

within the county.

2. The Polk County Emergency Management Coordinator is responsible for the activation

and management of the emergency operations center (EOC). He/she will organize,

activate, and operate the EOC in a flexible manner based upon the magnitude of the

situation.

3. The organizational structure of the EOC will be arranged according to the type of

incident, agencies and/or jurisdictions involved objectives and strategies selected to

resolve the situation, and the demands of the emergency. The towns of Columbus,

Saluda, and Tryon will provide representation in the county EOC for inter-jurisdictional

coordination when the event severely affects these jurisdictions or as otherwise requested.

4. The chairman of the board of county commissioners will be notified by the county

manager when EOC activation is warranted.

5. The EOC will be managed in accordance with established standard operating procedures.

6. All emergency response activities will be managed utilizing the incident command

system.

B. Staffing

Personnel assigned to the EOC will operate in one of five functional areas as assigned by the

county emergency management coordinator.

1. The executive group, under the direction of the chairman of the board of commissioners,

shall consist of elected officials, jurisdictional management and liaison personnel, and the

county public information officer (PIO). This group is responsible for the approval of

policies and strategies pertinent to the emergency situation.

2. The operations group, under the direction of the county emergency management

coordinator, shall consist of the designated representative of the agencies conducting

emergency operations (i.e., law enforcement, fire, rescue, EMS, and other operations,

including allocation of the resources necessary to implement approved strategies and

policies, and conducting briefings with the EOC staff to assure coordination of

information.


3. The planning group, composed of the damage assessment officer and other technical

advisers may be established to:

a. Collect, evaluate, display, and disseminate information regarding the incident

and the status of resources;

b. Maintain a journal, post data, and maintain status boards;

c. Analyze the predictable probable course of the disaster;

d. Develop operations strategies and alternatives; and

e. Anticipate resource requirements.

4. The logistics group, composed of the county communications director and representatives

of emergency support agencies (i.e., shelter and mass care, communications agencies,

etc.), may be established to coordinate the acquisition of supplies, equipment, and other

resources (public or private) that are necessary to resolve and recover from the

emergency situation.

5. The finance group, under the direction of the county finance director may be established

to:

a. Compile and maintain documentation of purchases, and the acquisition and

utilization of emergency supplies, equipment, and other services;

b. Perform financial and cost analysis to develop conclusions on efficient methods

of resolving and recovering from the emergency situation.

III. ORGANIZATION

A. The onset of an emergency adds to the normal day-to-day role of existing agencies within the

county. Where possible, the emergency responsibilities in this plan have been assigned similarly

to the day-to-day responsibilities of each agency. Refer to Organization Chart on page 106.

B. Through the county office of emergency management, the county board of commissioners

exercises its responsibilities during emergencies to provide for the health and safety of the public.

C. The emergency management coordinator is hired in accordance with the county personnel policy

to manage the county emergency management program.

D. When activated, the EOC serves as a central coordinating point for obtaining analyzing, reporting,

and retaining disaster related information.

E. The first arriving emergency official with two-way communications capability will establish the

incident command system and serve as the incident commander until relieved by appropriate

senior personnel.

F. During long-term emergency situations, the incident commander will be designated by senior

officials of the emergency response agencies, or by the county EOC. This individual will be

selected based upon the nature and location of the incident.

G. In situations where the effects of the disaster are widespread, the EOC may opt to establish the

county fire districts, or other distinguishable boundaries, as individual incident sites, in order to

achieve a manageable span of control.

H. A single command post will be established near the scene of each emergency situation by the

incident commander. Senior officials of the agencies involved will report to this facility to assist

with event coordination. This facility will serve as the central command and control point for all

on-scene resources, and will disseminate pertinent situation information and resource requests to

the county EOC.


IV. DIRECTION AND CONTROL

A. The responsibility for the direction and control of the disaster situation is vested in the board of

county commissioners and is routinely exercised through the emergency management coordinator,

under the direction of the county manager.

B. The EOC is the operational area from which emergency response activities are directed,

controlled, and coordinated.

C. Specific details regarding EOC operations are contained within the EOC standard operating

procedures.

V. CONTINUITY OF GOVERNMENT

A. Staffing assignments for positions in the EOC will allow for continuous 24-hour operations.

Selection and assignment of personnel will be the responsibility of the individual agencies.

B. In the event that the primary EOC is not functional, an alternate EOC will be activated.

VI. ADMINISTRATION AND LOGISTICS

A. Facilities to be used as an EOC are provided by the Polk County Sheriff’s Dept. This includes the

furnishings and equipment necessary for the operations staff. The office of emergency

management will provide expendable supplies and displays.


DIRECTION AND CONTROL

ORGANIZATION CHART

CHAIRMAN

Polk County Board of Commissioners

Elected officials

County/Town Managers

County PIO

Operations Group County EMC

Emergency Response Agencies

County Department Heads

Planning Group Damage Assessment

Officer Other Technical Advisors

Logistics Group County Communications Director

Representatives of Emergency

Support Agencies

Finance Group County Finance Director


ANNEX B

COMMUNICATIONS

I. PURPOSE

This annex describes the county's communications systems and presents available communication sources,

policies, and procedures to be used by local government during emergency situations.


A. General

1. Emergency communications systems and services used by Polk County

Local Government are controlled by the Polk County Manager.

2. The county warning point is operated 24 hours per day and serves as the

Polk County E-911 Communications Center.

3. Emergency communications procedures will be implemented and

backup capabilities activated as necessary.

4. Appropriate communications personnel will be notified during

emergency situations.

B. Specific

1. Telephone Service

a. Telephone service is provided to the citizens of Polk County by

Windstream, Bell South, and TDS Telecom.

b. The telephone companies will be provided with a list of essential

users of telephone service within Polk County.

2. Two-Way Radio Systems

Two-way radio systems are used as a primary means of communication

between mobile units and the Polk County E-911 Communications

Center. The following agencies operate such systems and can be

accessed from the communications center:

1. Polk County Sheriff's Department;

2. Polk County Emergency Medical Service;

3. Polk County Fire Departments/ Rescue Squads;

4. Columbus, Tryon, and Saluda Police Departments;

5. Polk County Emergency Management;

6. Polk County Transportation Authority;

7. Polk County Medical Examiner; and

8. St. Lukes Hospital.


3. Other communication systems currently in place, which may be utilized

during emergencies, include:

1. Division of Criminal Information (DCI);

2. Amateur Radio Emergency Service;

3. NC Emergency Management Radio Network;

4. Cellular Telephone; and

5. Pagegate System.

III. ORGANIZATION

A. The Polk County Communications Director, as appointed by the County Manager, is the principal

coordinator for the planning and development of the emergency communications system. Refer to

Communications Organizational Structure on page 109.

B. The county warning point is the central control point for coordinating

communications.


A. The Polk County Emergency Management Coordinator will be notified when a

major emergency situation has occurred or is imminent. He/she will then inform

county officials in accordance with county procedures.

B. Authority to direct and control the use of county communications systems and

services is given by Polk County Local Government to the County Manager.


The line of succession is:

1. Polk County Communications Director

2. Polk County Communications Training Officer


Those organizations involved in emergency communications will follow the administrative and logistical

procedures established by their individual agencies.


POLK COUNTY

COMMUNICATIONS

Polk County E-911 Telecommunicators

Polk County Communications Telecommunicator III/Supervisor

Polk County Communications Director


ANNEX C

NOTIFICATION AND WARNING

I. PURPOSE

This annex describes the process for disseminating warning information to response agencies and the

general public throughout Polk County.


A. Emergency warning may originate at the federal, state, or local level of

government. Timely warning requires dissemination of information to the public

by all available means.

1. National Warning System (NAWAS)

2. National Weather Service (NWS)

3. Emergency Activation System (EAS) “CodeRed”

4. State operated two-way radio systems

5. NC Division of Criminal Information (DCI)

6. Local two-way radio systems

7. Telephone

8. Digital paging systems

9. Cellular phones

B. Receipt and Dissemination of Warning

1. The Raleigh communications center of the NC Highway Patrol is the

state warning point. NAWAS and NWS alerts are received there from

appropriate federal agencies.

2. Warning received from the site of an emergency is normally reported to

the county warning point.

3. Notification of governmental officials and emergency response

personnel from the county warning point will follow established standard

operating procedures.

4. Refer to page114, Flowchart for Notification and Dissemination of

Warning.

C. Information will be disseminated to the general public utilizing the following

resources.

1. Emergency Activation System (EAS)


2. NOAA (National Oceanic Atmospheric Administration) weather radio

3. Broadcast media

4. House to house alert by emergency personnel where appropriate

III. ORGANIZATION

1. The county warning point (communications center), which operates on a 24 hour

per day basis, will serve as the primary site for dissemination of warning

information to key officials and the public.

2. The Emergency Activation System (EAS) will be utilized by county EOC staff to

provide emergency information to the general population of Polk County (refer to

Appendix C2, EAS procedure).

3. Broadcast media will be utilized to provide emergency information to the general

population of Polk County.


A. The Polk County communications director, as appointed by the County Manager will direct

operations within the county communications center.


A. Line of Succession


2. Telecommunicator III Supervisor

3. Polk County E-911 Telecommunicators

B. The lines of succession for the agencies that support the operations of the

county warning point are in accordance with the established policies of the

respective agencies.


A. All available warning systems will be used during emergencies to ensure warning

of as much of the population of Polk County as possible.

B. Special needs populations will be identified to ensure that they are alerted during

emergencies.


FLOWCHART FOR

NOTIFICATION AND WARNING

Incident Scene

Warning to Public/

Special Facilities

Emergency Alert System

(EAS) Activation

Chairman

Polk County Board

of Commissioners

Applicable

County

Personnel

County Manager (PIO) EOC Staff

Polk County

Emergency Management

Coordinator

County Warning Point

Area F Office

State EOC

State Warning Point

NAWAS/NWS

Other Federal Agencies


Emergency Alert System

Activation Instructions

1. Call WMIT (828) 669-8477 (LP-1 Station)

2. Provide identification (Only County Commissioners, Mayors, and/or County Managers may request EAS

activation)

3. Provide Authentication Code

4. Provide message.


EAS Authentication Codes

A copy of the EAS Authentication codes is on file at the Polk County Emergency Management office.


ANNEX D

EMERGENCY PUBLIC INFORMATION

I. PURPOSE

This annex presents a plan of action to provide prompt, authoritative, and understandable emergency

information to the public during times of emergency.

II. CONCEPT OF OPERATIONS

A. General

1. Emergency Public Information (EPI) efforts will focus on specific, event-

related information.

2. Information provided will generally focus on such things as warning,

evacuation, and sheltering. Attempts will also be made to keep the

public informed of necessary protective actions and the general progress

of events.

4. All facts will be reported as accurately as possible.

5. Rumor control will be an important aspect of this annex.

B. Execution

1. The county emergency management coordinator will work with local

media to increase public awareness of potential hazards and emergency

protective measures.

2. During emergency situations, the county public information officer (PIO),

working from the county EOC, will provide public announcements,

media releases, emergency public information, and will respond to

public inquiries.

III. ORGANIZATION

A. The public information officer shall be the county manager or his/her designee.

B. The county will provide information to the media from the county EOC.

C. A list of those media organizations with local interest is provided on page 117 of

this document.


A. The public information officer is responsible for all press releases and other public information

disseminated from the county during emergency situations.



A. Line of succession

1. County manager;

2. County emergency management coordinator.


MEDIA RESOURCE LIST

RADIO

1. WKSF (99.9) (828) 257-2700

2. WSSL (100.5) (800) 522-9775

3. WESC (92.5) (864) 291-9372

4. WMYI (102.5) (800) 543-1025

TELEVISION

1. WLOS (13) (828) 684-1340

2. WSPA (7) (864) 576-7777

3. WYFF (4) (864) 242-4405

4. WHNS (21) (864) 213-2121

NEWSPAPER

1. Asheville Citizen (828) 252-5611

2. Hendersonville Times (828) 692-0505

3. Spartanburg Herald Journal (864) 582-4511

4. Tryon Daily Bulletin (828) 859-9151

5. Polk County News Journal (828) 894-3220

LP-1 STATION (EAS ACTIVATION)

1. WMIT (828) 669-8477


ANNEX E

LAW ENFORCEMENT

I. PURPOSE

This annex provides for proper consideration of law enforcement activities in order to insure the safety of life and

property during disaster/emergency situations.

II. SITUATIONS AND ASSUMPTIONS

A. Situation

1. Reference Paragraph II A, Basic Plan.

2. During times of emergency, law enforcement agencies will be called upon to expand their

operations. Polk County has access to several state and federal agencies, which can provide

support to local agencies as needed.

B. Assumptions

1. Reference Paragraph II B, Basic Plan.

2. Local law enforcement personnel within Polk County will generally be able to provide adequate

police control through existing mutual aid agreements. If local capabilities are exceeded, support

will be available from any of several state and federal law enforcement groups.

III. CONCEPT OF OPERATIONS

A. Law enforcement operations during disaster situations will be an extension of the normal functions and

responsibilities of local law enforcement agencies.

B. Law enforcement activities will remain under the control of the senior law

enforcement officer (i.e., Sheriff, Chief of Police) for a given jurisdiction.

C. Law enforcement agencies will be responsible for public warning and traffic control in and around an

evacuated area and in other areas as needed.

D. During disaster situations, the Polk County Sheriff or his/her designee will coordinate law enforcement

operations from the county Emergency Operation Center (EOC).

E. Municipal law enforcement agencies will direct local law enforcement activity within their individual

jurisdictions.

F. Law enforcement agencies will ensure the security of evacuated areas.

G. Law enforcement agencies will assume primary responsibility for traffic control within their individual

jurisdictions.

IV. ORGANIZATION AND ASSIGNMENT OF RESPONSIBILITIES


A. Reference Paragraph IV, Basic Plan.

B. Organization

The organization of law enforcement agencies in Polk County facilitates the effective coordination and

control of like and complimentary support activities. The organizations structure reflected in Appendix 1 to

this annex readily identifies the positions and relationships of all essential services.

C. Task Assignments

1. Sheriff's Office

_____a. Coordinate all law enforcement activities in the County.

_____b. Maintain law and order.

_____c. Provide mobile units for warning operations.

_____d. Security for vital facilities and resources.

_____e. Traffic control for county roads.

_____f. Crowd control.

_____g. Support for other public safety activities.

_____h. Staff the EOC on a 24 hour basis.

_____i. Transfer and relocation of prisoners in case jail facilities cannot be used.

_____j. Use of law enforcement personnel to assist in movement to shelter or evacuate.

_____k. Protection of property and damaged areas.

_____l. Evacuating disaster areas during emergency operations.

_____m. Limiting access to the disaster or evacuation area during response and recovery operations and

providing security in disaster, evacuated or other effected areas.

_____n. Provide security for the EOC.

2. Municipal Police Departments

_____a. All of the above with the exception of 1a.

_____b. Responsible for 1a in their respective jurisdictions.

3. North Carolina Highway Patrol

_____a. Monitor NAWAS as the secondary warning point (See Annex C, Warning).

_____b. Provide traffic control on state and federal roads.

_____c. Perform normal law enforcement activities.

_____d. Provide support to local operations, as needed.

4. North Carolina Wildlife and Fisheries


_____a. Perform normal law enforcement activities.

_____b. Provide support for local operations.

5. Local Department of Public Works

_____a. Responsible for positioning traffic control devices (i.e., barricades, covers, etc.) as directed by law

enforcement personnel.

V. DIRECTION AND CONTROL

The Polk County Sheriff's Office is responsible for coordinating all emergency law enforcement activities. Each

police force will maintain authority within its own jurisdiction. All law enforcement operations will be directed from

the EOC by the Sheriff or his designee.

Routine operations will be handled by standard operating procedures. State and Federal support will be called upon

as needed.

VI. CONTINUITY OF GOVERNMENT

Lines of succession to each department head are according to the Standard Operating Procedures established by each

department. (See Basic Plan, Section VI).

VII. ADMINISTRATION AND LOGISTICS

A. Emergency Authority

See Basic Plan.

B. Passes

The decision to require a pass will rest upon the executive branch of the local government and the order for

requiring passes will be issued by the EOC. Temporary passes and permanent "official vehicle" passes

should be considered for possible use. A card-type pass should be issued to essential Polk County

personnel, Polk County Emergency Services (Emergency Management) of personnel and key industries.

The following vehicles and their occupants are exempt from pass requirements: marked utility company

vehicles (electric, telephone, gas companies, etc.), military and government vehicles, marked County and

Municipality vehicles (water, sewer, trucks, etc.), and relief agencies (Red Cross, Salvation Army, etc.). If

a question arises concerning a pass, the party should be referred to the nearest law enforcement officer for

resolution.

C. Communications

The Polk County Sheriff's Office and the Police Departments will use base stations in the EOC during

response and recovery operations.

D. Key Facilities

A listing of key facilities designated for police protection during an emergency is included in Appendix 4.


APPENDICES TO ANNEX G:

1. Law Enforcement Organizational Chart

2. Law Enforcement Resources

3. Traffic Control Points/Emergency Stop Locations

4. Key Facilities


ANNEX E

APPENDIX 1

LAW ENFORCEMENT

ORGANIZATIONAL CHART

Polk County Sheriff’s Office

Columbus Police

Department

Saluda Police

Department

Department of

Public Works

Tryon Police

Department State Agencies

NC

Highway Patrol

NC

Wildlife


ANNEX E

APPENDIX 2

POLK COUNTY

LAW ENFORCEMENT RESOURCES

Based on 2012 estimated population figures for the County of Polk.

Law enforcement resources presently available consisting of the combined forces from:

1. Polk County Sheriff’s Office

2. Columbus Police Department

3. Saluda Police Department

4. Tryon Police Department

Sworn law enforcement personnel = 61

Patrol cars = 54

County population = 20,271

Proportionate Estimates - Police to Citizens

A. Law Enforcement Officers 1:332 people

B. Patrol Cars 1:345 people

* The increased demand for law enforcement services would require some law enforcement duties (such as traffic

control, security, etc.) to be carried out by reserve/auxiliary officers and possible volunteers. Some patrol cars can be

improvised.

Estimates do not include reserve or part-time officers


POLK COUNTY SHERIFF’S OFFICE

EMERGENCY EQUIPMENT

COLUMBUS POLICE DEPARTMENT

EMERGENCY EQUIPMENT

TRYON POLICE DEPARTMENT

EMERGENCY EQUIPMENT

VEHICLE # Marked # Unmark # Lights # Sirens # Two-way

Radios

# PA

System

Other

CARS 15 5 20 20 20

SUVS 3 11 14 14 14 14

Pick-up Trucks 2 1 3 3 3 3

Special Equipment: Equipment Trailer containing lights, generator, flashlights (acquired from NC Highway Safety

Commission)

Generators 1

Mobile Base

Radios

Other


Radios

# PA

System

Other

CARS 7 1 8 8 8

SUVS 0 1 1 1 1 1



Commission)

Generators 1

Mobile Base

Radios

Other


Radios

# PA

System

Other

CARS 3 0 3 3 3

SUVS 0 1 1 1 1 1



SALUDA POLICE DEPARTMENT

EMERGENCY EQUIPMENT

ANNEX E

APPENDIX 3

Traffic Control Points/Emergency Stop Locations

I. Manned Traffic Control Points to be used for Relocation

1. Main Street and Walker Street (Columbus)

2. U.S. Hwy 108 East, at U.S. Hwy. 74 Exit Ramps (Columbus)

3. U.S. Hwy. 108 West, at approach to I-26 bridge (Columbus)

4. U.S. Hwy. 9 and Sandy Plains Road (Green Creek)

5. U. S. Hwy. 9 and Chesnee Road (Green Creek)

6. Poors Ford Road and Chesnee Road (Green Creek)

7. Intersection U.S. Highway 108 and U.S. Highway 9 (Mill Spring)

8. U.S. Hwy. 9 South, at U.S. 74 Bridge. (Mill Spring)

9. Ozone Drive and U.S. Hwy. 176 (Saluda)

10. Ozone Drive and Exit ramps for I-26 (Saluda)

11. Main Street and Greenville Street (Saluda)

12. Owl Hollow Road and U.S. Hwy. 9 (Sunny View)

13. Rock Springs Road and Grassy Knob Road (Sunny View)

14. McGuinn Road and U.S. Hwy. 9 (Sunny View)

15. Trade Street and Howard Street (Tryon)

16. E. Lake Shore Drive and U.S. Hwy. 176 (Tryon)


Commission)

Generators 0

Mobile Base

Radios

Other


Radios

# PA

System

Other

CARS 3 0 3 3 3

SUVS 0 1 1 1 1 1



Commission)

Generators 0

Mobile Base

Radios

Other


ANNEX E

APPENDIX 4

POLK COUNTY KEY FACILITIES

1. Polk County Court House

2. Womack Building

3. Polk County Jail

4. St. Luke’s Hospital

5. Polk County Schools/Shelters

6. Polk County Fire Departments

7. Polk County EMS

8. Burrell’s Fuel Storage

9. Polk County School Bus Garage

10. Tryon Town Hall

11. Columbus Town Hall

12. Saluda Town Hall

13. Polk CountyD.S.S

14. Polk County Communications and Tower Site


ANNEX F

FIRE AND RESCUE

I. PURPOSE

This annex provides for the coordination of fire and rescue activities to ensure the safety of life and

property within the county during emergency situations.


A. During emergencies, fire and rescue services must be prepared to support each

other utilizing available expertise, equipment, and manpower.

B. In an emergency requiring response from a number of different emergency

services, all units, regardless of service, will be coordinated by the incident

commander.

C. In the event of fire or threat of fire, the fire chief of the district in question shall

be the incident commander.

D. If no fire or threat of fire exists, the incident commander will be determined by

the emergency services involved.

E. Fire chiefs will survey facilities within their individual jurisdictions to identify the

considered when developing response plans for such facilities.

F. Local fire departments will support evacuation efforts by assisting with

notification of evacuees and traffic control operations.

G. The Polk County Rescue Squad will assist with the transportation of disaster

workers/support staff to various locations throughout the county.

H. Polk County Rescue Squad, Sunny View Fire and Rescue, and

Green Creek Fire Department will provide emergency medical treatment and/or

transportation as back-up to Polk County EMS.

III. ORGANIZATION

A. The fire departments within Polk County are made up of organized and trained

units utilizing volunteer personnel. Each department serves a specific

geographical area; refer to Fire and Rescue Organizational Structure page 130.

B. Rescue Operations within Polk County are the responsibility of those

departments with rescue capability. These include:

1. Polk County Rescue Squad;

2. Sunny View Fire and Rescue; and

3. Saluda Fire and Rescue.

4. Tryon Fire Department

C. The control and prevention of forest fires within Polk County is the responsibility

of the State Division of Forest Resources. Through mutual aid agreements,


local fire departments support the State Division of Forest Resources in this

responsibility.

IV. Direction and Control

A. The direction and control of local fire departments is the responsibility of the

board of directors of each respective fire department. However, day-to-day

operations and emergency response activities are coordinated by the fire chiefs

and their assistants.

B. The coordination of rescue operations within a given jurisdiction is the

responsibility of the rescue agency having primary responsibility for rescue

services within the jurisdiction.

C. Mutual aid agreements for fire/rescue service have been established between all

Polk County local fire/rescue departments. Statewide mutual aid agreements

have also been developed through the North Carolina Association of Rescue

Squads and the State Emergency Response Team.

D. When the EOC is activated, a representative of the fire service, as appointed by

the Polk County Fire Chief’s Association, will report and serve as coordinator of

fire/rescue operations.


A. Line of Succession for Fire/Rescue Service within a Given Jurisdiction

1. Fire Chief/Rescue Captain

2. Assistant Fire Chief/Rescue Training Officer

3. Fire Captain/ Rescue Sergeant


A. A listing of the personnel and equipment owned by each fire/rescue department

within Polk County will be submitted to the county emergency management

coordinator for inclusion in the county resource manual.

B. Reports of fire/rescue service activity during an emergency/disaster will be

maintained by the chief (or captain where appropriate) of each department.


FIRE AND RESCUE


Coordination

Columbus Fire Dept.

Green Creek

Fire Dept.

Mill Spring

Fire Dept.

Saluda Fire & Rescue

Dept

Sunny View

Fire & Rescue Dept.

Tryon

Fire Dept.

Polk County Rescue Squad

Fire/Rescue Representative

to the Polk County EOC

(as appointed by the Polk County

Emergency Chief's Association)


ANNEX G

PUBLIC WORKS

I. PURPOSE

A. The purpose of this annex is to provide essential services of public works during

a disaster in an effort to reduce the impact of the disaster.


A. In non-emergency periods, the role of public works is confined to trash

collection, building, ground, and street maintenance, water and sewage utility

service, and the transportation, operation, and maintenance of equipment.

B. During emergencies, due to expansion of necessary services, coordination of

public works operations is essential.

III. ORGANIZATION

A. Public works departments within Polk County are managed by their respective

towns (i.e., Columbus, Saluda, and Tryon). During emergency situations,

operational control remains the same as that for day-to-day activities.

B. Public works departments must be prepared to augment emergency operations

during all phases of an emergency.


A. Public works supervisors for the towns of Columbus, Tryon, and Saluda will

direct and control public works activities during emergencies and will coordinate

their efforts through the county EOC.

B. When notified of an emergency, either actual or imminent, public works

agencies will determine the resources to be committed and will alert appropriate

personnel.

C. On-site control of public works personnel from the towns of Columbus, Saluda,

and Tryon will be coordinated by the respective public works supervisors or

his/her designee.



1. Public Works Supervisors

2. Town Managers


A. Records of personnel and equipment will be maintained by each agency as

appropriate.

B. Records and reports regarding expenditures incurred during emergency

response activities will be kept by each department as appropriate.


C. Public works agencies will make maximum use of available radio and telephone communication

resources.

Water System

Inman Campobello Water District is responsible for the water system in certain areas of Polk County.

It shall be the responsibility of the ICWD to repair any non-private water lines that is has distributed

throughout the county.

If necessary a representative should be available to man the Polk County EOC upon request or be available

to be contacted by phone.


ANNEX H

HEALTH AND MEDICAL SERVICES

I. PURPOSE

This annex provides for the protection of the public health and makes provisions for medical services during

disasters.


A. General

1. Emergency operations for public health and medical services will be an

extension of normal agency duties.

2. Coordination between health care providers is necessary to ensure

operational readiness.

B. Health

1. The primary concern of public health is disease control. The Polk

County Health Department will implement effective environmental

health practices to minimize the incidence of disease during a disaster

situation.

2. Inspections of emergency shelters and damaged houses will be

necessary to determine the need for emergency repairs, pest control,

sanitation, and other protective measures.

3. Polk County Health Department will provide mental health counseling to responders as

well as residence of Polk County.

C. Medical

1. EMS will provide field medical care as needed during emergency

situations and will coordinate necessary medical transportation.

2. During mass casualty incidents, EMS will establish patient triage,

holding, treatment, and transportation areas.

3. When necessary, an EMS official will be located at an established

command post to coordinate responding medical units.

D. Medical Examiner

1. The medical examiner will assume responsibility for the identification

and disposition of human remains.

III. ORGANIZATION/ DIRECTION AND CONTROL

A. The Rutherford, Polk, McDowell district health director will coordinate

emergency public health operations.


B. The EMS Director or his/her designee (as necessary due to dual emergency

management/EMS responsibilities) will coordinate emergency medical service

operations.

C. The medical examiner will coordinate all activities relating to the identification

and/or disposition of the deceased.

D. An organizational chart for health and medical services is contained on page 135.

IV. CONTINUITY OF GOVERNMENT

A. Health

1. Line of succession

a. Rutherford, Polk, McDowell district health director

b. Public health nursing director

B. Emergency Medical Service


a. EMS director

b. EMS operations officer

c. Senior paramedic on duty

C. Medical Examiner


a. County medical examiner

b. Assistant county medical examiner

V. ADMINISTRATION AND LOGISTICS

A. The Polk County health department will arrange for the collection and processing

of vital statistics and other documentation.

B. Data related to disease outbreaks will be collected and forwarded to appropriate

state and federal officials.

C. The district health director and the county EMS director will determine the

records vital to their respective organizations and will ensure preservation of

such records during disasters.


HEALTH AND MEDICAL

ORGANIZATIONAL STRUCTURE

Command

Coordination

Hospital Staff/

Resources

Hospital Disaster Coordinator

American Red Cross Liaison

Other Emergency Medical

Providers

Polk County

EMS Director (or designee)

Polk County

Funeral Directors

Polk County

Medical Examiner

Public Health Staff

Polk, Rutherford, McDowell

District Health Director

Polk County

Emergency Management Coordinator

Polk County Manager

Chairman,



ANNEX I

EVACUATION AND TRANSPORTATION

I. PURPOSE

This annex provides for an orderly and coordinated evacuation of the county population during emergencies. It

also outlines the organization and direction of transportation resources.


A. The ultimate responsibility for ordering an evacuation rests with local

government. If a municipality is to be evacuated, the mayor will issue the order.

If the evacuation involves an area outside of a municipality or more than one

jurisdiction, the order will be issued by the chairman of the county

commissioners or his/her designee.

B. Movement Control and Guidance

1. The size of the area to be evacuated will be determined by the

conditions at the time of the emergency.

2. Traffic movement during an evacuation will be controlled by the use of

pre-designated routes and traffic control points. Two routes of egress

from the evacuation area will be identified where possible.

3. Evacuees will be directed to pre-designated reception areas and shelters

within the county.

C. Staging Areas/Pick-up Points/Routes

1. Staging areas for emergency response personnel and equipment will be

designated by the incident commander.

2. Pick-up points or routes will be established as needed. Evacuees

without transportation will be instructed to go to the nearest pick-up

point.

D. Evacuation of Special Populations

1. Special care institutions (nursing/rest homes, hospitals, jails, etc.) within

the county will develop procedures for evacuation.

2. Polk County schools will develop procedures for evacuation. Busses will

be utilized for students without vehicles. A plan for in-place sheltering

will be developed by the schools for implementation in the event that

such action is necessary.

3. A telephone number will be designated for use by those individuals who

are handicapped, disabled, or otherwise without transportation.

Arrangements will be made to pick up these individuals using local

fire/rescue departments and the Polk County Transportation Authority.

4. Local industries will be encouraged to develop evacuation and in-place

sheltering plans.


III. ORGANIZATION/DIRECTION AND CONTROL

A. The county emergency management coordinator is responsible for implementing

this annex.

B. During an evacuation, county emergency operations will be directed by the

Chairman of the Polk County Board of Commissioners or his/her designee.

Coordination of evacuation activities will be the responsibility of the county

emergency management coordinator. Transportation resources will be

coordinated by the transportation coordinator, as appointed by the county EMC.

C. For large-scale evacuations, such as those requiring the relocation of the

population from an entire municipality, county, or several counties, the Governor

may declare a state of emergency. At that point, he/she will assume direction

and control of the situation and evacuation operations will be coordinated by the

state emergency response team (SERT).

D. When an emergency situation requires timely evacuation prior to EOC

activation, the on-scene incident commander can initiate evacuation efforts.

IV. CONTINUITY OF GOVERNMENT

A. Line of Succession for Evacuation

1. Chairman, Polk County Board of Commissioners

2. Vice Chairman, Polk County Board of Commissioners

3. County Manager

B. Continuity of government will be maintained by relocating government

operations when necessary. Lines of succession for all key positions will be

established and all essential records will be protected.

C. When evacuees are relocated outside of Polk County, a representative will be

appointed to act as liaison between Polk County local government and the

receiving county’s administration.


EVACUATION/TRANSPORTATION


Command

Coordination

Polk County DSS Polk County Fire Departments/

Rescue Squad

Polk County Sheriff's Dept. Polk County

Transportation Authority

American Red Cross Municipal Law

Enforcement Agencies

Superintendent of

Polk County Schools

Transportation Coordinator

Polk County


Polk County Manager

Chairman,



ANNEX J

SHELTER AND MASS CARE

I. PURPOSE

This annex provides for the protection of the population from the effects of hazards through the

identification of shelters and the provision of mass care and social services in shelters.


A. Shelter operations will be coordinated by the American Red Cross disaster

chairperson (Reference Memorandum of Understanding).

B. The Polk County department of social services will support ARC shelter

operations.

C. Law enforcement officers, hospital administrators, and directors of nursing/rest

homes will identify shelter facilities for institutionalized persons.

III. ORGANIZATION

A. The Western Carolinas Region of the ARC is the primary agency for shelter and mass

care.

B. ARC staff will secure memoranda of understanding with the various institutions

to be used as emergency shelters. Those facilities identified as shelter sites are

listed on page 144, along with respective contact persons.

C. ARC shelters will be staffed and managed by ARC personnel.

D. The Polk County department of social services will assist the ARC as needed by

providing personnel to staff ARC shelters and assisting with welfare inquiry at

each shelter site. All shelters meet the Americans with Disabilities Act standards.


A. The ARC Disaster Specialist will direct and control shelter/mass care

operations for the county.

B. The director of the Polk County dept. of social services will assist the ARC

disaster Specialist with direction and control of mass care operations as needed.



1. American Red Cross Disaster Specialist

2. American Red Cross Disaster Program Manager

3. Polk County Department of Social Services Director



A. Supplies for shelter and mass care operations will be provided by the Polk

County ARC chapter.

B, Communication links between the shelter sites and the county EOC will be

established utilizing available telephone and/or amateur radio resources.


SHELTER AND MASS CARE

American Red Cross

Disaster Specialist

Polk County DSS Shelter Site

Contact Persons

Shelter Staff Law Enforcement


DESIGNATED SHELTER SITES

1. Polk County High School 894-2525

1681 E. Hwy 108 Mary Feagan 828-415-8243

Columbus, NC 28722 Harold Burnett 828-477-2722 H-625-8282

2. Polk Central Elementary School 894-8233

2141 Hwy 9 South Roger Byars 828-217-0540

Mill Spring, NC 28756 Kenneth Burnett 828-748-0726 H-625-9603

Dottie Kinlaw 864-993-7193 H-828-395-1822

3. Saluda Elementary School 749-9759

214 Main St Brently Harris 828-243-5972 H-749-9368

Saluda, NC 28773 Ronnette Dill 864-978-4467 H-864-451-2159

4. Sunny View Elementary School 625-4530

86 Sunny View School Rd Becky Bailey 828-429-5009

Mill Spring, NC 28756 Cindy McAbee 817-9568

5. Tryon Elementary School 859-6584

100 School Place Ott Sizemore 864-804-8865

Tryon, NC 28782 Johnny Miller 817-6579 H-859-8371

Kyle Greene 828-748-7842

6. Polk County Middle School 894-2215

321 Wolverine Trail Hank Utz 817-2085 H-894-8159

Mill Spring, NC 28756 Jeff Jones 817-4845 H-859-5973

7. Green Creek Fire Department 863-2100

6201 Hwy 9 South Michael Herman 817-4049

Columbus, NC 28722

8. American Red Cross 894-2700

231 Ward St Dawn Huff 828-712-2194

Columbus, NC 28722

9. Coopers Gap Church 625-4628

730 Coopers Gap Rd John Hollifield 828-289-9729

Mill Spring, NC 28756

10. Saluda Fire Department 749-9816

199 Walnut St Shane Bradley 606-9442

Saluda, NC 28773

11. Tryon 7th Day Adventist Church Arthur Gibbs 859-6407

2820 Lynn Rd Lorna Bever 817-1544

Tryon, NC 28782


ANNEX K

DAMAGE ASSESSMENT / RECOVERY

I. PURPOSE

This annex outlines a system to coordinate damage assessment and reporting functions, estimate the nature and

extent of damage, and provide for disaster recovery assistance.


A. The initial responsibility for damage assessment and recovery operations lies

with local government.

B. Damage assessment/ recovery operations will be initially coordinated from the

county EOC.

C. Accurate response logs and expenditure records must be kept from the onset of

the disaster by each response agency/organization. (Refer to NCEM Forms).

D. As appropriate, the damage assessment officer (DAO) will coordinate the

notification of damage assessment personnel.

E. The DAO will organize, equip, and assign teams to conduct initial damage

assessments (windshield surveys) of affected areas (Refer to NCEM-

Windshield damage survey).

F. The DAO will compile damage survey data, prepare damage assessment

reports, and plot damage on local maps.

G. The county emergency management coordinator will review damage

assessment reports and forward this information, along with requests for

assistance, to the Area 15 Emergency Management office.

H. Based upon local damage assessment reports, the director of the NC Division

of Emergency Management may request that a joint federal/state/local

preliminary damage assessment (PDA) be conducted.

I. Based upon the recommendation of the director of the NC Division of

Emergency Management, the Governor may request a presidential disaster

declaration.

J. Upon receipt of the request from the Governor, the President may authorize the

use of federal equipment, personnel, and resources.

K. Federal disaster relief can be categorized into two basic types.

1. Individual assistance

a. Temporary housing;

b. Individual and family assistance grants;

c. Disaster unemployment assistance;


d. Disaster loans to individuals, businesses, and farmers;

e. Agricultural assistance;

f. Legal services to low-income families and individuals;

g. Consumer counseling and assistance in obtaining insurance

benefits;

h. Social security assistance;

I. Veteran services assistance.

2. Public assistance

a. Debris removal;

b. Emergency protective measures;

c. Permanent work to repair, restore, or replace road systems,

water control facilities, public buildings and equipment, public

utilities, public recreational facilities, etc.

L. In the event that a major disaster or emergency is declared:

1. A federal coordinating officer (FCO) will be appointed by the President

to coordinate federal recovery efforts.

2. A state-coordinating officer (SCO) will be appointed by the Governor to

coordinate state recovery efforts.

3. A disaster field office (DFO) will be established within the state (centrally

located to damaged areas) from which the disaster assistance programs

will be administered.

4. For individual assistance, disaster application centers (DAC’s) will be

established central to affected areas. It is in such centers that

individuals may apply for assistance.

5. If an area is declared eligible for public assistance, an applicant briefing

will be conducted for officials of counties, municipalities, and private

non-profit organizations to explain eligibility criteria. The county EMC

will assist with identifying and notifying eligible applicants.

6. At the applicant briefing, each eligible entity will be asked to submit a

notice of interest (NOI).

7. Each public assistance applicant will appoint an “applicants agent” to

coordinate the collection of necessary records and submission of such

information to the DFO.

III. ORGANIZATION


A. The Polk County Board of County Commissioners is responsible for overall

damage assessment and recovery operations. Such activity is coordinated

within the county by the county EMC.

B. A damage assessment officer will be appointed by the county emergency

management coordinator to coordinate damage assessment operations.

C. Damage assessment teams will be selected and properly trained to conduct

damage surveys.

D. An organizational chart for the damage assessment function is contained on

page 147.


A. The county EMC will direct and control recovery operations from the county

EOC.

B. The damage assessment officer is a member of the EOC staff and is

responsible for the coordination of damage assessment activities.

D. All county departments will provide personnel and resources to support the

recovery effort as needed.



1. Emergency Management Coordinator

2. Damage Assessment Officer

B. Lines of succession for departments supporting damage assessment/recovery

operations are in accordance with established policies for the individual

agencies.


A. Damage reporting forms will be made available for distribution as necessary.

B. Copies of all documentation will be retained for record purposes.


DAMAGE ASSESSMENT

ORGANIZATIONAL STRUCTURE

Command

Coordination

American Red Cross Damage Assessment Teams

Damage Assessment Officer

Polk County Emergency


Polk County Manager

Chairman,



ANNEX L

FLOODING

I. PURPOSE

The purpose of this annex is to supplement the Polk County EOP by establishing policy and procedures specific

to floods in order to protect the lives and property of citizens and visitors to Polk County.


A. Situation

1. Historically flooding of most or all of the community has been infrequent, but when it occurs, populated

and economically valuable areas throughout the community can be adversely affected.

2. Localize flooding may occur during rainfall in any area of the County.

B. Assumptions

1. With adequate warning and timely reaction by county/municipal emergency response agencies, loss of

life, injury and property damage can be reduced. Where gradients are steep, the time of flood onset

may be very short; careful planning and coordination is required to protect effected populations.

Through a variety of means; e.g. National Oceanic & Atmospheric Administration (NOAA) radio, standard radio

bulletins, TV bulletins, Emergency phone notifications citizens and authorities will be advised of flood conditions.


1. A Flash Flood Watch means it is possible that rain will cause flash flooding in specified areas.

2. A flash flood warning means flash flooding is either imminent or is occurring.

3. A flood watch means long term flooding is possible in specified areas.

4. A flood warning means long term flooding is either imminent or is occurring.

Emergency Response to potential and/or actual flood conditions will be accomplished in three phases:

A. Readiness

1. When a flood threat is identified, emergency response organizations are alerted for possible activation.

Increased observation and surveillance procedures will be implemented. Normally, the initial threat

notification will originate whit the NWS in the form of watches and warnings; however, notification may

also come from dam owners and/or spotters.

2. Based on initial and follow-up information gathered, an evaluation of the threat to life/property will be

made, including;

A. Potential inundation areas;

B. Warning and evacuation requirements

C. Safe areas – temporary shelters,

D. Resources required; and

E. Potential need for activation of the Emergency Operations

Center (EOC)

1. Emergency

2. When a flash flood warning or flood warning is issued the risk is substantiated by the NWS, or actual

flooding occurs and life/property is threatened, the EOC will be activated (if not already activated during


the Readiness Phase) Warning and evacuation will be completed, and shelter provided to those people

requiring temporary housing. Resources not already pre-positioned to mitigate the threat will be moved into

position. Search and rescue operations will be affected as deemed necessary.

3. A Command Post may be established in the vicinity of the affected area(s) to coordinate on-scene actions,

and /or to provide a link between on-scene agencies and the EOC.

4. Information gathered from the NWS Flood Monitoring System, USGS, media, spotters and others

regarding current flooding conditions and relayed through the NWS to the EOC.

5. Damage Assessment will begin; Information/data will be collected and reported to the EOC

6. Based on the damage assessment, a disaster declaration bay be issued.

B. Recovery

1. All departments/agencies represented in the EOC will coordinate necessary actions to sustain life and

property.

2. All efforts will be taken to restore public facilities as quickly as possible.

3. Damage assessment and evaluation will proceed as needed.

IV. ORGANIZATION AND RESPONSIBILITIES

A. Polk County Communications Center

1. Collect and distribute current data on warning and evacuation.

a. The Communication Center should notify responder’s county wide of WATCH or WARNING

situations and give all available information to responders via radio and/or text message.

2. Maintain contact with emergency response agencies including fire, law enforcement, EMS, public

works, and emergency management for emergency flood needs.

B. Emergency Management Director

1. Coordinate disaster planning and operations with the community’s emergency response organizations,

public utilities, welfare agencies, adjacent jurisdiction emergency management directors, and North

Carolina Emergency Management, to ensure emergency response and recovery.

2. Support operations with resources and provide assistance with search/rescue and recovery

3. Maintain an ongoing dialogue with dam operators on conditions of dams and water levels.

4. Prepare and maintain a current dam/reservoir emergency preparedness plan. This plan will be

coordinated with, and copies provided, to the North Carolina Division of Emergency Management and

the North Carolina Division of Environmental and Natural Resources NCDNR).

C. Dam/Reservoir Operators

1. Ensure timely notification to the Polk County Communications Center and County Officials of

potential or imminent dam failures. This notification will be in accordance with the Emergency Action

Plan of the effected dam.

D. Law Enforcement

1. Coordinate evacuation

2. Establish and maintain traffic control

3. Provide security control and limit access into and within the disaster area

4. Coordinate law enforcement activities

5. Provide security for evacuated areas


E. Fire Departments

1. Coordinate fire and rescue response

2. Assist in warning the public of impending danger by available means and as necessary, evacuating

potential danger areas and providing fire security in evacuated areas as needed.

F. Rescue Squad

1. Coordinate rescue response

2. Assist in evacuation of affected areas

3. Assist in locating missing persons

G. Department of Social Services

1. In coordination with emergency management and the American Red Cross, open emergency shelters

for those who are forced to leave their residences in an emergency situation.


1. County Manager



4. Sheriff

VI. ADMINISTRATION

All actions will be documented and compiled for financial and historical data.


ANNEX M

UTILITY RESORATION

I. PURPOSE

The purpose of this annex is to describe the organization, operational concepts and responsibilities to

respond and recover from a major disruption of utility services.


1. During or after an emergency situation there may be a disruption of electrical power, telephone

service, waste and waste water services as well as natural gas.

2. The loss of utility services, particularly extended outages, could adversely affect the capability of

local personnel to respond to and recover from the emergency situation that caused the disruption

of utility service and create additional health and safety risks for the general public.

3. Public utilities are defined as those companies and organizations to provide utility services,

including electricity, water, sewer service, natural gas and telecommunications to the general

public in a specified geographical area. Utilities may be owned and/or operated by a municipality,

municipal utility district, a regional authority, investors, or by a private non-profit organization

such as members of a cooperative (co-op).

4. Virtually all utilities are required by state regulations to have emergency operations plans for

restoring disrupted services. Many utilities maintain emergency operations centers and those that

do not, normally have procedures to establish temporary facilities when they need them.

5. Extended electrical outages can directly impact other utility systems, particularly water and

wastewater systems. In areas where telephone service is provided by above ground lines that share

poles with electrical distribution lines, telecommunications providers may not be able to make

repairs to the telephone system until electric utilities restore power lines to a safe condition.

6. Municipal utilities and non-profit utilities, such as electrical cooperatives, may be eligible for

reimbursement of a portion of the costs for repair and restoration of damaged infrastructure in the

event of an emergency situation, which caused the damage, is approved for a Presidential disaster

declaration that includes public assistance (PA).

ASSUMPTIONS

1. In the event of damage to or destruction of utility systems, utility operators will put forward their

best efforts to restore services quickly as possible.

2. A major disaster or a disaster affecting a wide area may require extensive repairs and

reconstruction of portions of utility systems that may take considerable time to complete.

3. Damage to electrical distribution systems and sewer and water systems may create secondary

hazards such as increased risk of fire and/or public health concerns.

4. Each utility will direct and control its own resources and plan and carry out its own response

operations, coordinating as necessary with local government and other utilities.

5. Individual utility operators, particularly small companies, may not have sufficient resources to

restore utility systems affected by a major disaster or one having widespread effects. Utilities

typically obtain supplementary repair and restoration assistance from other utilities pursuant to

mutual aid agreements by using contractors hired by the utility.

6. Equipment and personnel from other city departments and agencies may be employed to assist a

municipal utility in repairing its system and restoring service to the public.


In the event of a major disruption or loss of service for any reason, local government in cooperation

with utility providers will work to rapidly assess the possible impact on public health, safety and

property, and will take appropriate actions to prevent a critical situation from occurring or to minimize

the impact. Where utility service cannot be quickly restored, the County and/or City government may


have to take timely action to protect people, property and the environment from the effects of a loss of

service.

Utility companies may not be able to restore service to all critical facilities in a timely manner,

particularly if damage has been catastrophic and a substantial amount of equipment must be replaced

or if repairs require specialized equipment or materials that are not readily available. In large scale

emergencies, utility companies may have limited access to individuals, businesses, industry,

government, and other utility companies for personnel, equipment and supplies.

Local Government response to a Utility Outage

It is essential for County and/or City officials to obtain an initial estimate of the likely duration of a

major utility outage from the utility company as soon as possible for response actions to begin. Once

the estimate is obtained, local officials should make a determination of the anticipated impact and

determine the actions required to protect public health and safety as well as public and private

property.

Extended utility outages may require the County and/or City to take action to protect public health and

safety and public and private property. Such actions might include:

Water or Sewer Outage

1. Curtail general water service to residents to retain water in tanks for firefighting and for controlled

distribution to local residents in containers.

2. Arrange supplies of emergency drinking water for the general public and for bulk water for those

critical facilities that require it to continue operations.

3. If sewer is disrupted, arrange for portable toilets and hand washing facilities to meet sanitary

needs.

Electrical or Natural Gas Outage

1. Obtain emergency generators to power water pumping stations, water treatment facilities, sewage

lift stations, fueling facilities, and other critical sites.

2. During periods of cold weather, establish public shelters for residents who lack heat in their

homes.

3. During periods of extreme heat, establish “cooling sites” for residents who do not have air

conditioning in their homes.

4. Request volunteer groups set-up mass feeding facilities for those without electrical or gas service

and cannot repair meals.

5. Coordinate with ice distributors to ensure ice is available locally to help citizens preserve food and

medications.

6. Arrange for fuel and deliveries to keep emergency generators running at critical facilities.

Telecommunications Outage

1. Request telecommunications providers implement priority service restoration plans.

2. Activate amateur radio support.

3. Request external assistance in obtaining additional radios and repeaters or satellite telephones.

General

1. Isolate damaged portions of the utility systems to restore services quickly to those areas where

systems are substantially less damaged.

2. In cooperation with utilities, institute utility conservation measures.

3. Disseminate emergency public information requesting conservation of utilities.


4. Assist in relocating patients of medical facilities, residential schools and similar institutions that

cannot maintain the required level of service for their clients.

5. Provide law enforcement personnel to control traffic at key intersections if traffic control devices

are inoperative.

6. Consider staging fire apparatus in areas without electricity or water service.

7. Consider increased security patrols in areas that have been evacuated due to lack of utility service.

Prioritization of Services

The county and local municipalities have identified essential facilities that should be considered for

priority restoration of utilities following a disaster. These facilities may include hospitals/clinics, long

term health care facilities, water and wastewater treatment facilities, schools, correctional facilities,

government buildings, grocery stores, emergency shelters, telecommunication s facilities and power

facilities. Other facilities may be determined as dependent by the nature of the disaster and the location

of the event. The Polk County Communications Center should be considered as an essential facility to

maintain communications for emergency responders and to direct the emergency operations response

and recovery.


1. The responsibility for the direction and control of the disaster situation is vested in the board of

county commissioners and is routinely exercised through the emergency management director,

under the direction of the county manager.

2. The EOC is the operational area from which emergency response activities are directed,

controlled, and coordinated.

3. Specific details regarding EOC operations are contained within the EOC standard operating

procedures.


1. County Manager


VI. ADMINISTRATION AND SUPPORT

Those organizations involved in the restoration of utilities will follow the administrative and logistical

procedures established by their individual agencies.

Utility Providers to Polk County and its Municipalities

Electrical Service

1. Duke Energy

2. Rutherford Electric

Gas Service

1. Public Service of North Carolina

Telephone Service

1. Windstream

2. Bell South

Pipeline Service

1. Williams Pipeline

2. PSNC


Water Service

1. Inman Campobello Water

ANNEX N

AGRICULTURE AND NATURAL RESOURCES

I. PURPOSE

The purpose of this annex is to outline the local organization, operational concepts,

responsibilities, and procedures to accomplish coordinated agriculture and natural resources

activities during emergency situations.


A. Situations

This area could experience emergency situations that could threaten agriculture and natural

resources and necessitate the need for emergency services.

B. Assumptions

1. Agriculture and natural resources equipment and personnel may be deployed prior to a

disaster in an attempt to reduce its severity or in its aftermath of a disaster to restore

agriculture infrastructure.

2. Local departments and agencies responsible for the agriculture and natural resources function

do not have sufficient resources to cope with a major disaster.

3. Agriculture and natural resources departments and agencies can reasonably be expected to

assess needed repair and restoration of essential agriculture services and facilities.

4. Assistance may be available through other jurisdictions through mutual aid agreements. Some

types of emergency situations, including earthquakes, hurricanes, and floods may affect large

areas, making it difficult to obtain assistance from usual sources.

5. Damage to power lines, sewer and water distribution systems, and secondary hazards, such as

fires, could result in health and safety hazards that may pose a threat to agriculture and natural

resource personnel.

III. CONCEPTS OF OPERATION

A. General

1. For slowly developing emergency situations, take actions to educate agriculture commodity

producers prior to the onset of hazardous conditions.

2. Survey and assess damage to agricultural operations.

B. Protecting Resources and Preserving Capabilities

Agriculture and natural resources elements are expected to identify agriculture commodities and

natural resources that would benefit from the protection and, in coordination with the departments

or agencies that occupy those facilities, carry out such protective actions.

C. Damage Assessment


Agriculture and natural resources personnel may assist in the preliminary assessments of damage

to agricultural commodities and natural resources.

IV. ORGANIZATION AND RESPONSIBILITES

A. Organization

1. The function of agriculture and natural resources during emergency situations shall be carried

out in the framework of the normal emergency organization described in the basic plan.

Preplanning for emergency agriculture and natural resources tasks may be conducted to

ensure that the staff and procedures needed to manage resources in an emergency situation are

in place.

2. The County Extension Director shall serve as the agriculture and natural resource officer

during emergencies. The Agriculture and Natural Resources Officer is assigned primary

responsibility for planning, organizing, and carrying out, with the support of those agencies

and departments described below, the agriculture and natural resources tasks outlined in this

annex during emergencies.

B. Assignment of Responsibilities

1. The Polk County Extension Director serves as the Agriculture and Natural Resources Officer

during emergencies and will:

a. Coordinate certain pre-emergency programs to reduce vulnerability of local agricultural

operations to known hazards.

b. Manage the agriculture and natural resources function during emergency situations.

c. Indentify contractors who can provide heavy and specialized equipment support during

emergencies and individuals and businesses that may be willing to lend equipment to

local agricultural operations during emergencies.

d. Coordinate efforts to assess damage to agriculture commodities and facilities, support

farm stabilization and recovery (coordinate obtaining facilities, feed, disposal, etc).

2. The National Resource Conservation Service will:

a. Assist in damage assessment of agricultural operations.

b. Assess the structural integrity of impounded water sources.

3. The Emergency Management Director will:

a. Coordinate with the Agriculture and Natural Resources Officer concerning all issues

regarding the recovery and restoration of critical infrastructure supported by this annex.

b. Coordinate the allocation and prioritization of resources related to this annex.

4. The Public Health Department will:

a. Assisting with identifying potential problems of contaminated foods.

b. Provide human health-related information for foodborne disease and health issues.


A. The Emergency Management Director shall provide guidance on the management of

agriculture and natural resources activities during emergencies and shall be responsible for

approving any request for state or federal resources.

B. The Incident Commander will manage agriculture and natural resources committed to an

incident. If the EOC has not been activated, the IC may request additional resources from


local departments and agencies and may request those local officials authorized to activate

mutual aid agreements or emergency response contacts to do so to obtain additional resources.

C. When the EOC is activated the Agriculture and Natural Resources Officer will manage the

agriculture and natural resources function from the EOC. The IC will direct resources

committed to the incident site and coordinate through the Agriculture and Natural Resources

Officer to obtain additional resources. The Agriculture and Natural Resources Officer will

manage resources not committed to the incident site and coordinate the provision of additional

resources from external sources.

D. The Agriculture and Natural Resources Officer will respond to mission priorities established

by the IC or the EOC, direct the various department s and agencies with agriculture and

natural resources to accomplish specific tasks, and coordinate the efforts of those departments

and agencies in order to achieve overall objectives.

E. The Agriculture and Natural Resources Officer will identify public and private sources from

which needed resources can be obtained during an emergency.


1. County Extension Director

2. Agriculture and Economic Director


VII. ADMINISTRATION AND SUPPORT

A. Resource Support

1. Equipment, personnel and other resources from the North Carolina Forest Service, National

Resource Conservation Service and the Farm Service Administration may be requested.

2. Should our local resources prove to be inadequate during an emergency, requests will be

made for assistance from other local jurisdictions, North Carolina State University, NC A&T

State University, other agencies, and industry in accordance with existing Memorandum of

Understandings.

B. Reporting

In addition to reports that may be required by their parent organization, agriculture and natural

resource departments and agencies participating in emergency operations should provide

appropriate situational reports to the EOC. Pertinent information will be incorporated into the

initial Emergency Report and the periodic Situational Report that is prepared and disseminated to

key officials, other affected jurisdictions, and state agencies during major emergency operations.

C. Records

Expenses incurred in carrying out emergency response and recovery operations for certain hazards

may be recoverable from the responsible party, or in the event of a Presidential disaster declaration

is issued partially reimbursed by the federal government. Hence, all agriculture and natural

resources elements will maintain records of labor, materials, goods and services contracted during

large scale emergency operations.


ANNEX O

PRIVATE SECTOR COORDINATION

I. Purpose

The purpose of this annex is to provide guidance for efficiently coordinating and integrating incident

management activities involving the private sector during local emergencies or disasters.

A. Definitions

Private Sector- are organizations that are not part of any government structure. This includes for-

profit and non-profit organizations, formal and informal structures, commerce and industry,

private emergency response organizations, and private volunteer organizations.


A. Situation

1. As noted in the general situation statement in the Basic Plan, Polk County is at risk to a

number of hazards that could threaten private property and require the coordinated efforts of

both the local government and the private sector to preserve critical infrastructure that is

privately owned.

2. Private sector coordination planning, during pre-disaster activities, is designed to lessen the

effects of known hazards, and established relationships and guidelines that enhance the local

capability to respond to a disaster that affects the private sector.

B. Assumptions

1. Organizations in the private sector will not have sufficient resources to cope with a major

disaster.

2. Organizations from the private sector will use their parent organization as a primary source of

support and assistance.

3. Assistance may be available through other organizations through memorandum of

understandings (MOUs).

4. MOUs will be established between local government and the private sector during pre-

disaster activities to identify services and assistance that will be provided to the requestor.

III. CONCEPT OF OPERATION

A. General

1. The operational concept for incident management involving the private sector is the concept

specified in this Emergency Operations Plan and the Incident Command System (ICS),

utilizing NIMS.

2. The concept of operations in this annex covers the specific organizations and actions

developed which are required to effectively and efficiently integrate ICS operations with the

private sector.

B. Management Operations

1. The Incident Commander (IC) is responsible for managing emergency operations at the

incident site and shall be assisted by a staff commensurate with the tasks to be performed and

resources committed to the operation.

2. If the Emergency Operations Center (EOP) is activated, the IC shall continue to manage

emergency resources committed at the incident site.


3. Private sector involvement with the management operations is primarily determined by the

nature, scope and magnitude of the incident. For most operations private sector involvement is

centered in the internal organization.

IV. ORGANIZATION AND RESPONSIBILITIES

A. General

1. The function of private sector coordination during emergency situations shall be carried out in

the framework of our normal emergency organization described in the Basic Plan.

Preplanning for private sector coordination activities shall be conducted to ensure that

contingences, guidelines, and procedures needed to carry out these activities in an emergency

situation are in place.

2. The Emergency Management Director will be responsible for planning, organizing and

carrying out private sector coordination activities during emergencies. The EMD may be

assisted by a temporary staff of assembled representatives from the private sector with the

required skills and experience.

3. Specialized organizations that facilitate coordination with the private sector are designed to

provide for critical needs.

B. Task Assignments

1. The Emergency Management Director will:

a. Develop plans and relationships, and facilitate coordinated incident response planning

with the private sector.

b. Share relevant information, including threats, before, during and after an incident with

the private sector.

c. Encourage the development and coordination of private sector pre-planning.

d. Coordinate local incident management functions with the private sector and local

government.

2. The Incident Commander will:

a. Manage resources committed to the incident site.

b. Maintain communication and coordinate activities with the representative from the

private sector organization, when the situation warrants.

c. Maintain communications with, and provide periodic updates to the EOC, if activated.

3. The Private Sector Organizations are requested to:

a. Provide a qualified representative to the Incident Command Post and the Emergency

Operations Center.

b. Share information with the IC and the EOC to assist in the response and recovery efforts

of an incident.

c. Identify risks, perform vulnerability assessments, and develop contingency plans to

enhance their overall readiness.

4. All departments and agencies are encouraged to develop and maintain working relationships

with their associated private sector counterparts through partnership committees, training, and

other means.


A. General


1. The EMD shall provide general guidance on the coordination of activities involving the

private sector.

2. When the EOC is activated the EMD will manage overall private sector coordination

activities from the EOC.

3. Representatives from the private sector will maintain overall supervision of activities relating

to their organization

B. Continuity of Government

The line of succession for the Private Sector is:

1. County Manager


VI. ADMINISTRATION AND SUPPORT

A. Reporting

During emergency operations, the EMD shall compile and provide a daily summary of significant

private sector activities to the EOC for use in staff briefings and inclusion in periodic Situational

Reports. If the EOC has been deactivated, a periodic summary of activities will be provided to

local officials and the private sector organizations participating in the recovery process, upon

request.

B. Records

Documentation of costs.

Expenses incurred in operating the private sector coordination system are generally the

responsibility of each individual private sector organization. However, in the even state and/or

federal reimbursement is considered, accurate records would need to be provided. Therefore, all

organizations participating in the private sector should maintain records of personnel and

equipment use and supplies consumed during private sector coordination operations.

C. Post Incident Review

The Basic Plan provides that the EMD shall organize and conduct a review of the emergency

operations in the aftermath of a major emergency or disaster operations. The purpose of this

review is to identify needed improvements in this plan, its procedures, its facilities, and its

equipment. When the private sector coordination system has been activated after an emergency or

disaster, private sector coordination personnel shall participate in the review.


APPENDIX A

Hazardous Materials Plan

I. PURPOSE

This plan provides for response to hazardous material emergencies and to meet the jurisdiction’s

responsibilities pursuant to the Emergency Planning and Community Right-to-Know Act of 1986 (Title

III), Superfund Amendments and Reauthorization Act of 1986 (SARA).


A. Situation

1. The specific facilities involved with hazardous materials subject to the emergency

planning requirements of Section 302 of SARA, Title III are listed in Attachment 1 to this

plan.

2. The threat of a major disaster involving hazardous materials has escalated due to the

increase in everyday use and transportation of chemicals by the various segments of our

population.

3. The results of a hazardous material incident could include the death or serious injury of

persons exposed to the material, the spread of contaminants in varying degree throughout

the County, and the destruction of property from fire, explosion, and exposure.

4. Evacuation, a protective measure, could isolate evacuees from their homes for an

indefinite period of time. Shelter-in-place (in-place-protection) another protective

measures could isolate citizens in their homes for an indefinite period of time.

5. Victims of hazardous material incidents may require unique or special medical care not

typically required in other types of emergencies.

6. The release of hazardous material may have short and/or long-term health environmental

effects depending upon the chemical composition of the substance.

7. A hazardous material incident may affect several hundreds of people within the

jurisdiction, without warning.

8. A hazardous material incident may require the public to shelter-in-place and or to

evacuate depending upon conditions at the time of the emergency.

B. Assumptions

This plan can be effective if the following assumptions prove true:

1. Most, but not all, people affected by a hazardous material incident will follow

instructions and shelter-in-place or relocated to designated shelters.

2. Public notification/warning and evacuation, if required, will be in accordance with the

procedure described in the Notification and Warning Annex (Annex C) and the

Evacuation and Transportation Annex (Annex I) of the Polk County Emergency

Operations Plan.


3. The local jurisdiction must respond to the incident in the initial phase without assistance

from outside the jurisdiction. It is assumed that emergency response agencies will be

trained at the ops level, will take appropriate actions to prevent or minimize the spread of

the material, provide early first aid as necessary, and manage the incident scene with

emphasis toward safety of the public and responding personnel.

4. Planning and training prior to an incident will significantly reduce the risk to personnel.

5. The hazardous material involved in an incident can be identified within a reasonable

period of time by the seven clues used to detect the possible presence of hazmat, owner

of the facility or the vehicle, by the shipping documents, by the properties of the material

itself, or by information provided pursuant to SARA, Title III or the North Carolina

Right-to-Know Act.

6. A facility involved in a hazardous material incident will provide all information required

by SARA, Title III, Section 304 on a timely basis.

7. Emergency Response personnel are knowledgeable in the use of available resources.

8. The North American Emergency Response Guidebook (DOT P 5800.4), alone or in

combination with other information sources, is used as a guide for initial protective action

at incidents involving hazardous materials.

III CONCEPT OF OPERATION

A. There are two types of incidents involving hazardous materials; (1) incidents at fixed facilities and

(2) transportation incidents which could effect any or all medias of the environment, ground, air or

subsurface.

B. The level of response required for an incident is determined by:

1. the quantity and the toxic effects of the material involved in the release;

2. the population and/or property threatened;

3. the type and availability of protective equipment required for the released material, and;

4. the probable consequences should no immediate action be taken.

C. Depending upon the threat posed by the incident, protective measures initiated for the safety of the

public could include in-place shelter, evacuation, and isolation of the contaminated environment.

D. Incidents are classified according to level of risk, according to the Incident Commander’s

assessment.

1. Level I (Potential Emergency Condition) is an incident which can be controlled by the

first response agencies, does not require evacuation of other than the involved structure or

immediate outdoor area, and does not suggest that major environmental damage will

occur.

2. Level II (Limited Emergency Condition) is an incident that involves a critical hazard with

a potential threat to life or property, requires a limited evacuation of the surrounding area,


or suggests that major environmental damage could occur. Initial response to the incident

can be adequately handled by the jurisdiction'’ resources.

3. Level III (Full Emergency Condition) is an incident that involves a severe hazard or large

area, poses an extreme threat to life and property, and will probably require a large-scale

evacuation. Level III includes an incident requiring a combination of expertise or

resources from local, state, federal and private agencies/organizations.

E. Response procedures for each level of incident will be according to local policies and procedures

in compliance with worker safety standards.

F. This plan recognizes that a hazardous material incident can change with time, and necessitates

escalating the response to a higher level, or downgrading the response to lower levels as the

situation is controlled.

G. When responding to an incident where hazardous materials are known to be stored, the responders

will assume the involvement of the most toxic substance at that location, until otherwise informed.

H. The Local Emergency Planning Committee (LEPC) has been established at the jurisdiction level

to identify the magnitude of the local hazard, assess the vulnerability of the community to that

hazard, and provide planning guidance for emergency response. Representation on the LEPC is

prescribed by the policy of the North Carolina Emergency Response Commission, and those

agencies or groups that have an interest in hazardous materials may have a representative on the

committee. A point of contact, the Facility Emergency Coordinator, will be identified at each

covered facility as defined by SARA, Title III, Section 302. This Facility Emergency Coordinator

will provide the necessary emergency response information on the facility to the planning

committee.

I. Notification of a release of a hazardous material may be provided by anyone who recognizes that a

release has occurred. The telephone will be the primary means of alerting for any hazardous

material incident, however, other methods, including two-way radio and alarm systems may be

used for initial notification if accepted by the LEPC.

J. Warning and notification of the public, including special populations such as the hearing impaired,

will be accomplished in accordance with the Notification and Warning Annex (Annex C) of the

Polk County Emergency Operations Plan. Procedures for warning that have been developed for

the hazard zones surrounding identified fixed facilities supersede the provisions of Annex C.

K. As necessary, emergency vehicles with effective sound devices (sirens and/or public address

systems) will be used as a public alerting system. If a fixed notification system is in place around

the facility or emergency area, the vehicles may be used as a backup system. The vehicles will be

dispatched within the evacuation area and will stop at each quarter (1/4) mile in populated areas

and at each house or group of houses that are more than ¼ mile apart. The emergency vehicle will

notify the public of the situation and recommend protective action. Each route should be run

twice, if possible, to ensure receipt of the initial warning by all members of the community. The

second run, or back-run, will be to confirm alert and notification. Back-runs need only stop at

houses that are not dark at night or where it is apparent that people are not complying with

instructions. If necessary, door-to-door alerting will be accomplished during the second run.

IV. ORGANIZATION AND ASSIGNMENT OF RESPONSIBILITIES

A. General: The head of each agency involved in hazardous materials emergency response is

responsible for the safety of its personnel. Training, emergency response procedures, and medical

surveillance shall comply with the provisions of the North Carolina Hazardous Waste Operations

and Emergency Response Standard (13 NCAC 7C.0101 (a) (26)). Topics addressed shall include

but not limited to the dangers of hazardous materials, emergency response techniques, protective


measures, protective clothing and equipment, and medical monitoring of personnel. In this regard,

the head of each agency is, therefore, responsible for developing, maintaining, and updating

training programs and standard operating procedures.

B. Jurisdiction Responsibilities:

1. Chairman, County Commissioners: In addition to specific assignments of responsibility

identified in the Polk County Emergency Operation Plan, the Chairman of the County

Commissioners will:

a. Nominate a Local Emergency Planning Committee (LEPC) as identified in Title

III of the Superfund Amendments and Reauthorization Act of 1986 and in

accordance with the polices of the North Carolina Emergency Response

Commission (NCERC). The LEPC will be appointed by the NCERC. The

LEPC shall consist of representatives as required by federal law and NCERC

policy.

b. The chairperson will encourage cooperation between the LEPC, local

government agencies, facilities, and other applicable organizations.

2. County Manager: In addition to specific assignment of responsibility identified in the

Polk County Emergency Operation Plan, the County Manager will:

a. Ensure, through the Chairperson of the LEPC, that county facilities with

hazardous materials are properly identified, are reporting as required, and have

appointed a Facility Emergency Coordinator to represent them on the LEPC.

b. Provide administrative support to the LEPC as required.

3. Emergency Services Director: In addition to other duties and responsibilities will:

a. Coordinate exercises and tests of the emergency plan in accordance with current

requirements and concurrence of the LEPC. An exercise concerning the release

of hazardous materials shall be conducted at least annually.

b. Support the LEPC in maintaining liaison with facility emergency coordinators to

ensure availability of current information concerning hazards and response to an

incident.

c. Ensure a critique of incident responses to assess and update procedures as

needed.

d. Serve as the Community Emergency Coordinator as identified in SARA, Title

III.

e. Serve as liaison for the LEPC in coordinating planning efforts with other

political subdivisions for facilities that affect multiple jurisdictions.

4. Incident Commander (IC)

a. Activate the pre-plan or implement the necessary steps to safeguard human life,

property, and the environment in accordance with available guidance.

b. Secure the area as required by the situation.


c. Identify the material involved without undue risk of exposure.

d. Assess the situation and communicate the results to responding agencies, the

EOC, and facility representatives.

e. Appoint a Safety Officer and then other staff members, as the situation requires

in accordance with the jurisdiction’s Incident Command System.

f. Develop strategy (confinement, containment, neutralization) and implement

tactics (evacuation, offensive or defensive posture) with regard to available

resources and capability of personnel.

5, Health Department: In addition to other responsibilities identified in the Polk County

Emergency Operation Plan and other directives, the Health Department will assist in the

enforcement of regulations and the initiation of legal actions against parties responsible

for release of hazardous materials in violation of regulations.

6. Emergency Medical Services Director: In addition to other responsibilities identified in

the Polk County Emergency Operations Plan, the EMS Director shall develop procedures

with assistance from facility owners and operators, in accordance with local protocols,

for:

a. Treatment of contaminated patients.

b. Decontamination of patients and equipment.

c. Direction and control of mass casualty incidents as a result of the release of

hazardous materials.

C. Local Emergency Planning Committee (LEPC)

1. Ensure fulfillment of responsibilities for local emergency planning pursuant to SARA,

Title III and the policies of the North Carolina Emergency Response Commission.

2. Assess the current level of prevention, preparedness, and response capability within the

jurisdiction.

3. Review existing plans for overlap, useful information and ideas.

4. Conduct an analysis of hazardous materials within the jurisdiction to identify the hazards,

vulnerability, and risk.

5. Develop procedures to ensure a perpetual chemical hazard identification and risk

assessment program within the jurisdiction.

6. Develop plans and procedures to protect the public during a hazardous material incident

by developing the jurisdiction’s hazardous material Emergency Operating Plan (this

appendix) using the N.C. Multi-Hazard Plan Prototype as a guide.

7. Ensure the development and distribution of public awareness programs.

8. Ensure public access to information and the emergency operations plan regarding

hazardous materials within the jurisdiction.

9. Ensure development of procedures for notification and warning in the event of an

incident involving hazardous materials.


10. Identify individuals and groups within risk areas who have special needs such as

transportation, advanced medical care, and special warning (sight or hearing impaired).

11. Ensure that training for all responders to a hazardous material incident (including

management) is in accordance with applicable policies, procedures and standards.

12. Ensure that agencies develop and maintain Standard Operating Procedures for hazardous

materials response operations.

13. Identify resources needed for response to a hazardous material incident from public and

private sources and makes recommendations to the county officials about emergency

response matters.

14. Ensure an ongoing program for plan implementation, maintenance, training, and

exercising.

15. Ensure compliance with the provisions of Title III, Superfund Amendments and

Reauthorization Act of 1986.

16. Assure coordination of planning efforts between jurisdictions (municipalities, counties,

facilities, etc.) including the development of notification/warning, response, and

remediation procedures for covered facilities.

D. State Responsibilities

1. The State Emergency Management Plans and Operation staff, in accordance with state

statutes, are responsible for support to the local jurisdictions. The State Emergency

Response Team (SERT) is available, as required, for assistance in the event of an

incident. Most state agencies (especially those with a response role such as

Environmental Management, Solid and Hazardous Waste, State Highway Patrol, National

Guard and others) are available to assist local jurisdictions through the State Emergency

Response organization.

2. The Area Coordinator has been empowered by the Secretary of Crime Control and Public

Safety to act on his behalf as prescribed in G.S. 166A and is responsible for local

assistance, when requested, during an incident and will be the single on-scene coordinator

of state resources.

E. Specific Fixed Facility Information

1. Information about each facility identified under SARA, Title III as having extremely

hazardous materials exceeding the threshold planning quantities will be collected, kept

current, and the information distributed to responders as required.

2. The information on each identified facility is available in a Facility Information

Notebook located in the Polk County Emergency Services Office. Call (828) 894-3067

or in an emergency, 911.

F. Facility Emergency Coordinator

1. Ensure the reportable information required by SARA, Title III is provided to the LEPC in

a timely manner. In accordance with NCERC policy and where required, Tier II report

forms shall be submitted in lieu of Tier I forms.


2. Ensure that the facility’s emergency response procedures are current and effective for its

property. Procedures shall specify actions for the immediate and follow-up notification

of the affected jurisdiction(s), state, and federal authorities in the event of a hazardous

material incident. Emergency procedures shall be submitted in writing to the LEPC.

3. Ensure that facility personnel are trained in emergency response procedures, including

but not limited to, determining that a release has occurred, notifying appropriate facility

personnel and public officials, and initiating protective and/or hazard suppression

activities.

4. Ensure that the facility has a current inventory of equipment and resources available for

response to a hazardous material emergency.

5. Provide a technical representative to the Incident Commander and the EOC during an

incident.

G. Hazardous Materials Transportation Incidents.

1. The provisions of the Polk County Emergency Operations Plan, this annex, as well as the

North American Emergency response Guidebook will be used for guidance during a

transportation incident involving hazardous materials.

2. The routes for the transportation (highways, railways, pipelines, etc.) of hazardous

materials, identified by the LEPC during the hazard analysis process, are listed in the

situation statements of the basic plan and in the individuals facility information data.

3. Other sources of guidance may be utilized during a transportation incident involving

hazardous materials. The first responders to an incident should follow their agency’s

standard operating procedures for the initial actions involving a transportation-related

incident.

V. Direction And Control

The overall direction and control of emergency activities in a disaster situation is vested with the Chairman,

County Commissioners. The incident commander will establish on-site management. The entire county

emergency response force, including activation of the EOC, may not be required to handle every type of

emergency involving a hazardous material.


Lines of succession for agencies and officials involved in a hazardous material incident are in accordance with established procedures.

VII. ADMINISTRATION AND LOGISTICS

A. The agencies that may become involved in a hazardous material incident will develop procedures to cope with a major

incident involving hazardous material. The Emergency Services Director and the LEPC will ensure, through the use of

information provided pursuant to Sections 302, 304, 311, 312, and 313 of SARA, Title III and other knowledge, that all

identified hazards are evaluated.

B. Equipment and supplies for response to a hazardous material incident will be provided initially

from the responding agencies’ resources. Additional resources will be obtained through mutual

aid agreements with other agencies, local jurisdictions or from private organizations and facilities.

State and federal aid may be requested after local resources have been exhausted or determined to

be inadequate for the task. Equipment and supplies for the EOC will be provided by the

Emergency Services Director.


C. Training programs for emergency responders of the county will be through individual agency in-

service training, community college courses, and other offerings of related training. A schedule of

these programs is maintained and distributed by the emergency management office of the county.

D. Exercise schedules for this plan are developed and maintained by the emergency management

office. Exercises shall be in accordance with local, state, and federal policies and, when possible,

coordinated with the Area Office of the North Carolina Division of Emergency Management. The

types of exercises shall include, but not limited to, tabletop, functional, and full-scale exercises.

There must be at least one full-scale exercise every 5 years. An actual occurrence may be

substituted for an exercise, provided it adequately tested response functions addressed in this plan

and a critique of the event was conducted.

VIII. PLAN DEVELOPMENT AND MAINTENANCE

a. The Emergency Services Director will coordinate with the LEPC, the designated Facility Emergency Coordinators, and

other applicable agencies in the development and maintenance of this plan.

b. This Hazardous Material Appendix is designed to be used as an integral part of the Polk County

Emergency Operation Plan. Specific functions and responsibilities are address in Annexes A

through M of that plan.

c. The LEPC will approve and review this appendix on at least an annual basis. Changes will be

submitted to the committee when necessary. Copies will be made available to the public, each

response agency, and the N.C. Division of Emergency Management through the Area Office.

IX. AUTHORITIES AND REFERENCES

A. Emergency Planning and Community Right-to-Know Act of 1986; Title III of the Superfund

Amendments and Reauthorization Act of 1986.

B. N.C. Executive Order 43, North Carolina Emergency Response Commission, April 7, 1987.

C. N.C. General Statues, Chapter 166A

D. Local Emergency Ordinances.

E. North American Emergency Response Guidebook (DOT P 5800.4).

F. Hazardous Materials Emergency Planning Guide, NRT-1, March 1987.

G. Guide for the Development of State and Local Emergency Operations Plans, CPG 1-8, October

1985.

H. N.C. Occupational Safety and Health, Hazardous Waste Operations and Emergency Response

Standard (13 NCAC 7C.0101 (a) (26)).

X. Effective Date

This plan shall take effect on this the 17th day of September 2001.



Attachment 1

LIST OF EHS FACILITIES

FACILITY NAME & LOCATION EMERGENCY COORDINATOR PHONE

Alltel Communications, Tryon Bill Brock 828-859-5737

Milliken & Company, Columbus Hamant Patel 828-894-7249


ATTACHMENT 2

EMERGENCY ACTION CHECKLIST

HAZARDOUS MATERIALS

Emergency response agencies tasked with responding to the hazards identified as threats to Polk County can use the

hazard specific checklists contained in this attachment. These checklists are not all-inclusive, but they cover key

points.

This attachment may also contain suggested citizen instructions for major emergencies. These instructions can be

used to expedite emergency public information measures. They contain general information for the threats.

CHAIRMAN, COUNTY COMMISSIONERS

PREPAREDNESS Ensure adequate planning for Hazardous Material Accidents.

Ensure evacuation routes and shelters are designated.

RESPONSE Provide overall Direction and Control in response to a Hazardous

Material Accident.

Make decisions to evacuate personnel, as required

Continue essential operations

Develop plans for the recovery (Containment and Clean Up)

period.

Keep the media and the public informed about the situation.

RECOVERY Execute planned recovery procedures.

Ensure necessary reports are completed.

Evaluate response, conduct a critique of actions taken, and ensure

necessary improvements.

EMERGENCY MANAGEMENT COORDINATOR

PREPAREDNESS Assist LEPC in planning for emergency response to a Hazardous Material Accident.

Coordinate HAZMAT Training programs for responders.

Ensure adequate protective and radiological equipment is

available as needed.

Ensure adequate mutual aid agreements.

RESPONSE Determine the exact chemical or hazardous material involved

Notify the State Division of Emergency Management through the

Area Coordinator.

Ask for advice and assistance as necessary.

Activate the EOC as required.

Restrict the area of the accident and suggest to the County

Commissioners evacuation of personnel as the situation

Dictates.

Coordinate the rescue of injured or trapped persons.

Coordinate the rerouting of traffic and the evacuation of personnel as

required.

Coordinate media releases to minimize public alarm and to keep the area

clear.

RECOVERY Coordinate the recovery effort.

Ensure the area is restored to a safe condition.

Close out emergency operations and participate in the lessons

learned critique.


Ensure final reports are submitted.

SHERIFF

PREPAREDNESS Develop procedures for response to a Hazardous Material

Accident

Train all personnel to a minimum of “First Responder Awareness

Level.”

Equip each vehicle with current issue of US DOT Emergency

Response Guidebook.

Assist LEPC in pre-planning for response to hazardous materials

incidents.

RESPONSE Secure the area of the HAZMAT Accident

Keep all personnel upwind or upstream of the accident until the

on-scene commander arrives.

Reroute traffic and maintain traffic control as required.

Assist in voluntary evacuation efforts if required. Execute

evacuation orders.

If EOC is activated, provide a representative to the EOC staff.

Provide necessary assistance during the response phase.

RECOVERY Execute the law enforcement part of the Recovery Plan.

Ensure corrective actions.

Participate in the critique.

FIRE CHIEF

PREPAREDNESS Develop procedures and Train for a Hazardous Material

Accident.

Identify risk areas for hazardous materials.

RESPONSE Identify the Chemical or Hazardous Material involved in the

accident or if unknown, treat the material as Toxic and likely

to have explosive reactions

Use established fire fighting techniques (such as keeping

personnel upwind) to control the situation.

Assume on-scene command and establish a command post.

Seek advise on the material involved and recommend evacuation

and protective actions as necessary.

Recommend restriction of the risk area to control the situation.

Assist in the evacuation effort, if required.

If requested, wash down the area, as required. Ensure no

flammable or toxic material is washed into drains or water

supplies.

Provide information to officials so that media releases may be

made to the public

If the EOC is activated, provide a representative to the EOC.

RECOVERY Restore the accident area to a safe condition.

Execute the Fire Department portion of the recovery plan.

Participate in the critique.

Close out emergency operations and complete fire reports.

EMERGENCY SERVICES PUBLIC INFORMATION OFFICER

PREPAREDNESS Develop procedures for Hazardous Material accidents.


Develop DRAFT news releases for use during a HAZMAT

accident to include protective actions.

RESPONSE Coordinate and release information about a chemical or

hazardous material accident.

Coordinate media briefings at the command post.

If activated, serve as a member of the EOC staff.

RECOVERY Ensure public awareness of recovery actions.

Assist in the development and execution of the recovery plan.

Participate in the critique and determine necessary improvements

for public information.

PUBLIC WORKS DIRECTOR

PREPAREDNESS Develop procedures for response to chemical or Hazardous

Material Accidents.

Provide HAZMAT training for personnel.

Identify capabilities for control and containment of hazardous

materials

RESPONSE Respond to requests from officials during chemical or hazardous

material accidents.

If the EOC is activated, provided a representative to the EOC

staff.

RECOVERY Ensure decontamination of equipment as necessary.

Assist in the development and execution of the recovery plan

to include clean up procedures.

HEALTH DIRECTOR

PREPAREDNESS Review/update Health Department role in evacuation and

Sheltering plans.

Determine all public health needs.

Register/brief all health department personnel.

Review Standard Operating Procedure (SOP).

RESPONSE Assist and/or direct medical evacuation and consolidation.

Furnish nursing care (to the extent that local medical standing

Orders allow), sanitation and vector control.

RECOVERY Expedite inspections, advise reference clean-up and health care.


ATTACHMENT 3

GUIDELINES FOR RESPONSE TO HAZARDOUS MATERIALS INCIDENTS

This is a suggested format. Actual implementation should be based upon training and the ability to perform the

identified tasks. Source: Right-to-Know- Planning Guide, the Bureau of National Affairs, Inc.

Emergency response agencies tasked with responding to the hazards identified as threats to Polk County can use the

hazard specific checklists contained in this attachment. These checklists are not all-inclusive, but they cover key

points.

This attachment may also contain suggested citizen instructions for major emergencies. These instructions can be

used to expedite emergency public information measures. They contain general information for the threats.

INITIAL RESPONDERS

SIZE-UP/IDENTIFICATION

Approach from upwind and upgrade

Observe from safe distance

Use binoculars if necessary

Examine placards/labels

Interview driver, conductors, facility operator, dock manager, etc.

Examine shipping papers or I.D. numbers

Refer to North American Guidebook or Fire Fighter’s Handbook of Hazardous

Materials.

ISOLATE AREA

Avoid contact with materials, fumes, dust, etc.

Establish control lines at safe distance

Eliminate or avoid ignition sources

Determine if larger evacuation is necessary to keep people away from chemicals

PROVIDE FOR PERSONNEL SAFETY

Use appropriate personal protective equipment

Consciously avoid committing personnel and equipment to an unsafe situation

Rescue injured persons if possible to do in a safe manner

Identify all people who might have been injured or expose

ESTABLISH INCIDENT COMMAND SYSTEM

Determine who is the On-Scene Incident Commander

Set up field command post at same location

Advise dispatcher exact location of command post

Establish communications with off-scene help

Brief commander(s)

NOTIFICATION AND TECHNICAL ASSISTANCE

9-1-1 (OR Local Emergency Phone Number)

North Carolina Emergency Management OPS Center 800-858-0368

State Agencies: 800-662-7956 (State Warning Point)

Federal agencies: 800-452-8802 (National Response Center)

Industry: 800-424-9300 (CHEMTREC)


PROVIDE THE FOLLOWING INFORMATION IF POSSIBLE:

-Your name, agency, location and call back number

-Type of material involved, characteristics, physical state, physical effects

-Amount of material released, duration of release, total amount that may be released

-Whether significant amounts of substance appear to be entering the atmosphere, nearby

waters, storm drains

-Direction, height, color, odor of vapor clouds or plume

-Injuries, contamination, exposure

-Responsible party

-Personnel on scene

ON-SCENE INCIDENT COMMANDER

Determine the on scene incident commander

Clearly identify yourself as OIC

Make sure the Command Post is at a safe location

Establish unified command with agencies on scene

Identify lead state agency, if any

Establish staging areas for equipment, medical treatment

Assure notifications are made

Determine assistance needed from other agencies

Determine-the-Hazard

Check placards, shipping, etc.

Use reference books and off-scene help (i.e. Emergency Management, Fire Marshal,

CHEMTREC, etc)

Identify hazardous material, estimate threat to the population and environment

Determine wind speed and direction

Determine downwind, downstream, and down slope exposure

Identify ignition sources

Use available detection equipment

PROVIDE FOR PERSONNEL SAFETY

Ensure the use of proper personal protective equipment

Evaluate need for further evacuation

Document personnel exposure

Appoint a Safety Officer

ASSIGN PERSONNEL RESPONSIBILITIES (AS APPROPRIATE0

Staging

Evacuation

Rescue

Traffic and crowd control

Containment

Fire suppression

Public Information

Communications

Safety

Emergency Medical


Documentation

EVALUATE CONTROL LINE AND REVISE (if necessary)

Use tape, rope, fire-hose, etc.

Leave a margin of error

INCIDENT MANAGEMENT

Develop incident action plan

Oversee incident operations

Coordinate activities with EOC, Communications Center, etc., as appropriate

DECONTAMINATION

Assign decontamination area officer and team

Identify people and equipment possibly exposed

Set up decontamination area procedures

EVACUATION/SHELTER ACTIVITIES: (COMMAND POST)

Determine Danger area

Determine size of spill

Determine plume direction

Identify people and facilities in danger area

Decide between evacuation and/or shelter. (What will best reduce exposure)

Begin warning and/or evacuation procedures for those nearest the accident site. Work outward from the accident

site.

Notify necessary support agencies:

Law enforcement agencies

Local TV, Radio, Cable and Newspapers through the PIO

Dispatchers

Emergency Management (Red Cross, County Public Health Department,

Transportation, Social Services)

EMERGENCY MEDICAL SERVICES (EMS)

Be aware of dangers

Take proper precautions to protect yourself when handling casualties

Coordinate actions with OIC (Command Post)

Identify medical risks to victims and emergency responders

Establish medical triage area

Determine and establish appropriate treatment

Coordinate emergency transportation

Coordinate with hospital and medical personnel

Coordinate with Red Cross Mass Care Coordinator and/or EOC logistics regarding

medical services required by evacuees

Decontaminate personnel-victims and equipment as needed

Help question/examine responding personnel on state of health and treat as required

Provide medical monitoring of emergency personnel as needed.


PUBLIC HEALTH

Identify yourself to OIC as representing public health

Coordinate with medical services

Confirm health hazard

Investigate toxic levels of materials involved

Confirm evacuation area perimeters

Insure no biological agents involved (contact N.C. Division of Health if biological

agents involved)

Work with state and federal agencies to address environmental health/sanitation

impacts.

LAW ENFORCEMENT

Determine with the Officer-in-Charge on the need for an exclusion perimeter, and the distances to establish traffic

control

establish perimeter-using rope, barricades, vehicles, etc. (Note: avoid flares if any

indication that combustible or flammable chemicals are present)

Reroute pedestrians and vehicles around perimeter-keep onlookers, news media and

others from excluded area.

Request additional assistance as needed

Be prepared at the request of the OIC, to remove persons hindering emergency

operations

Reopen evacuated areas at the determination of Command Post

PUBLIC WORKS/UTILITIES

Coordinate activities with OIC

Be prepared to assist with traffic control, providing barricades, etc.

Be prepared to provide sand for absorption and diking

Be prepared to cut off power, gas, etc., as required

EMERGENCY SERVICES PUBLIC INFORMATION OFFICER

Initial Actions

Work with OIC on press releases

If necessary, contact local media and inform them of the nature of the emergency and

other pertinent information, as appropriate.

Set up press briefing area as close to the command post as possible, but in such a way

that it does not interfere with the command post.

Establish both incoming and outgoing telephone communications at the press briefing

area if possible

Be available to supply information to press, on request.

Periodically get status summary from OIC.

LONG TERM ACTIONS (if required)

Coordinate press releases with involved agencies

Coordinate with State and Federal PIOs

Be the direct liaison with all the news media

Do follow-up after the emergency is over for evaluation purposes

Offer ongoing contact with media for wrap-up stories.


APPENDIX B

Animal Emergency Plan

I. PURPOSE

This section of the plan is to develop a coordinated approach in dealing with animal related issues

independent of or subsequent to an emergency and/or natural or manmade disaster which could impact our

county. The annex attempts to address foreseeable problems, which may occur with both personal pets and

livestock within the county and is intended to provide for animal welfare and humane treatment care.


A. SITUATION

1. As a matter of policy, public shelters will not accept pets; necessitating owners provide for

security and necessary food and water and leave pets behind, when this is not possible the

need exists for temporary provision of foster care of these animals.

2. Polk County is a rural community, as such; it has a number of farms and varying species of

livestock to include cattle, horses and others.

3. Polk County is susceptible to a host of both manmade and natural disasters, which could be a

threat to livestock to include cattle, horses and others.

4. If safe relocation is not possible the situation could require the need for the provision of safe

food and water supply, rescue operations and possibly veterinary care.

5. There are a number of agencies and resource in existence within the county, which possess

the skills, knowledge and interest to facilitate the aforementioned needs for pets, domesticated

animals and livestock in times of an emergency.

B. ASSUMPTIONS

1. Suitable space can be identified and made available to accommodate the various species of

livestock should an event occur and necessitate relocation.

2. Suitable space can be identified and made available for the foster care of family pets through

existing kennels and possibly Foothills Humane Society.

3. That local agencies can coordinate the transportation of animals by the owner, if necessary

assist in the arrangement of transportation. The owner will assume all transportation expense.

4. That through the utilization and coordination of both public agencies and private

organizations and groups we can provide animal emergency response and/or rescue and be

supported by the State Animal Response Team (SART).

5. Reasonable care will be utilized during the transport of animals. The transporting agency or

organization assumes no risk for animals that are injured or expired during the evacuation or

relocation period.


A. GENERAL

1. County response in conjunction with a disaster presents a wide range of response needs.

Priority will be placed on the protection of human life and property first.


2. This plan is not intended to supplant existing services and programs in place to handle day to

day issues, relative to stray and abandoned or abused animals and individuals responsibility

for pets, domestic-non-domestic animals. It is intended to be used in conjunction with

situations that occur during an emergency.

3. This plan is not intended to address wild animals, that is the responsibility of the North

Carolina Wildlife Commission if they become a danger to themselves or the public.

4. The sheltering and protection of domestic and non-domestic animals “pets and livestock are

the responsibility of the owner.”


A. North Carolina Cooperative Extension Service, Polk County Center shall act as the county’s head

coordinating agency for needs associated with both domestic and non-domestic animals during an

emergency and/or disaster.

1. Line of Succession

2. Agriculture Extension Agent

3. County Extension Director

B. As the county’s coordination agency, North Carolina Cooperative Extension Service, Polk County

Center representative will coordinate animal needs as they occur, through the utilization of the

following local support agencies:

1. Polk County Animal Control Office

2. Polk County Cattlemen’s Association

3. Polk County Emergency Services

4. Polk County Sheriff’s Department

5. Foothills Humane Society

6. F.E.N.C.E.

7. Harmon Field Board

8. Veterinarians

V. ASSIGNMENT OF RESPONSIBILITIES

POLK COUNTY EMERGENCY MANAGEMENT

1. Disseminate public information related to animal response.

2. Receive, identify and task animal response needs to North Carolina Cooperative Extension,

Polk County Center.

3. Provide for personnel associated with animal response access to scene.

4. Review, update and disseminate of plan.


NORTH CAROLINA COOPERATIVE EXTENSION POLK COUNTY CENTER

1. Receive request for animal response, coordinate and assign task to appropriate agency.

2. Maintain contacts for response agencies and groups.

3. Identify animal shelters to be used in an emergency.

4. Coordinate with outside agencies to provide technical support and logistical support during

emergencies.

VI. AUTHORITIES AND REFERENCES

North Carolina General Statute 166-A

Polk County Emergency Management Ordinance

City and County Animal Ordinances

VII. Effective Date

This plan shall take effect this the 7th day of January, 2002.



APPENDIX C

Civil Disorder/Domestic Terrorism Plan

See Map on Following Page

pg. 1 preface the polk county emergency operations plan was

Documents