North Carolina § 130A-26 - 3. Limitations period for certain groundwater contamination actions.

§ 130A-26. 3. Limitations period for certain groundwater contamination actions.

The 10-year period set forth in G.S. 1-52(16) shall not be construed to bar an action for personal injury, or property damages caused or contributed to by groundwater contaminated by a hazardous substance, pollutant, or contaminant, including personal injury or property damages resulting from the consumption, exposure, or use of water supplied from groundwater contaminated by a hazardous substance, pollutant, or contaminant. For purposes of this section, "contaminated by a hazardous substance, pollutant, or contaminant" means the concentration of the hazardous substance, pollutant, or contaminant exceeds a groundwater quality standard set forth in 15A NCAC 2L.0202. History (2014-17, s. 3; 2014-44, s. 1(b), (c).) Cross References. - As to limitations on actions for personal injury or physical damage to property, see G.S. 1-52 . Editor's Note. - Session Laws 2014-17, s. 1, as amended by Session Laws 2014-44, s. 1(a), provides: "The General Assembly finds that prior to the United States Supreme Court ruling in CTS Corp. v. Waldburger , that there was ambiguity and uncertainty regarding the effect of federal law on the North Carolina statute of repose in certain environmental cases. The General Assembly finds that it was the intent of the General Assembly to maximize under federal law the amount of time a claimant had to bring a claim predicated on exposure to a contaminant regulated by federal or State law. The General Assembly finds that the Supreme Court's decision is inconsistent with the General Assembly's intentions and the General Assembly's understanding of federal law at the time that certain actions were filed. The General Assembly finds that it never intended the statute of repose in G.S. 1-52(16) to apply to claims for latent disease caused or contributed to by groundwater contamination, or to claims for any latent harm caused or contributed to by groundwater contamination." Session Laws 2014-17, s. 4, as amended by Session Laws 2014-44, s. 1(c), made this section, as added by Session Laws 2014-17, s. 3, effective June 20, 2014, and applicable to actions filed, arising, or pending on or after that date. Session Laws 2014-17, s. 4, as amended by Session Laws 2014-44, s. 1(c), further provides: "For purposes of this section, an action is pending for a plaintiff if there has been no final disposition with prejudice and mandate issued against that plaintiff issued by the highest court of competent jurisdiction where the claim was timely filed or appealed as to all the plaintiff's claims for relief to which this act otherwise applies. Nothing in this act is intended to change existing law relating to product liability actions based upon disease." Effect of Amendments. - Session Laws 2014-44, s. 1(b), effective June 30, 2014, rewrote the section.