North Carolina § 130A-310 - 31. Definitions.

§ 130A-310. 31. Definitions.

Unless a different meaning is required by the context or unless a different meaning is set out in subsection (b) of this section, the definitions in G.S. 130A-2 and G.S. 130A-310 apply throughout this Part. Unless a different meaning is required by the context: "Affiliate" has the same meaning as in 17 Code of Federal Regulations § 240.12b-2 (1 April 1996 Edition). "Brownfields agreement" means an agreement between the Department and a prospective developer that meets the requirements of G.S. 130A-310.32. "Brownfields property" or "brownfields site" means abandoned, idled, or underused property at which expansion or redevelopment is hindered by actual environmental contamination or the possibility of environmental contamination and that is or may be subject to remediation under any State remedial program or that is or may be subject to remediation under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. § 9601, et seq.) except for a site listed on the National Priorities List pursuant to 42 U.S.C. § 9605. "Contaminant" means a regulated substance released into the environment. "Unrestricted use standards" when used in connection with "cleanup", "remediated", or "remediation" means contaminant concentrations for each environmental medium that are considered acceptable for all uses and that comply with generally applicable standards, guidance, or established methods governing the contaminants that are established by statute or adopted, published, or implemented by the Commission or the Department instead of the site-specific contaminant levels established pursuant to this Part. "Environmental contamination" means contaminants at the property requiring remediation and that are to be remediated under the brownfields agreement including, at a minimum, hazardous waste, as defined in G.S. 130A-290; a hazardous substance, as defined in G.S. 130A-310; a hazardous substance, as defined in G.S. 143-215.77; or oil, as defined in G.S. 143-215.77. "Local government" means a town, city, or county. "Parent" has the same meaning as in 17 Code of Federal Regulations § 240.12b-2 (1 April 1996 Edition). "Potentially responsible party" means a person who is or may be liable for remediation under a remedial program. "Prospective developer" means any person with a bona fide, demonstrable desire to develop or redevelop a brownfields property and who did not cause or contribute to the contamination at the brownfields property. "Regulated substance" means a hazardous waste, as defined in G.S 130A-290; a hazardous substance, as defined in G.S. 143-215.77A; oil, as defined in G.S. 143-215.77; or other substance regulated under any remedial program implemented by the Department. "Remedial program" means a program implemented by the Department for the remediation of any contaminant, including the Inactive Hazardous Sites Response Act of 1987 under Part 3 of this Article, the Superfund Program under Part 4 of this Article, and the Oil Pollution and Hazardous Substances Control Act of 1978 under Part 2 of Article 21A of Chapter 143 of the General Statutes. "Remediation" means action to clean up, mitigate, correct, abate, minimize, eliminate, control, or prevent the spreading, migration, leaking, leaching, volatilization, spilling, transport, or further release of a contaminant into the environment in order to protect public health or the environment. "Subsidiary" has the same meaning as in 17 Code of Federal Regulations § 240.12b-2 (1 April 1996 Edition). History (1997-357, s. 2; 1997-392, ss. 4.2-4.4; 2001-384, s. 11; 2006-71, ss. 1, 2, 3; 2013-108, s. 1; 2014-122, s. 11(h); 2015-286, s. 4.10(a).) Editor's Note. - Session Laws 1997-392, s. 6(c), provides: "Sections 4.2 through 4.5 of this act become effective if and when 1997 House Bill 1121 becomes law." House Bill 1121 was enacted as Session Laws 1997-357, effective October 1, 1997. Session Laws 2013-108, s. 2, provides: "The Department of Environment and Natural Resources shall report to the Environmental Review Commission no later than April 1, 2014, regarding the impact of this act on the Brownfields Property Reuse program and the Leaking Petroleum Underground Storage Tank Cleanup program." Session Laws 2014-122, s. 11( l ), provides: "The Revisor of Statutes shall make any conforming statutory changes necessary to reflect the transfer of rule-making authority under Article 9 of Chapter 130A of the General Statutes from the Commission for Public Health to the Environmental Management Commission." Session Laws 2014-122, s. 11(m), provides: "The Codifier of Rules shall make any conforming rule changes necessary to reflect the transfer of rule-making authority under Article 9 of Chapter 130A of the General Statutes from the Commission for Public Health to the Environmental Management Commission." Session Laws 2014-122, s. 17, is a severability clause. Session Laws 2015-286, s. 4.10(b), made the amendment to subdivision (b)(10) of this section by Session Laws 2015-286, s. 4.10(a), applicable to Notices of Intent to Redevelop a Brownfields Property filed on or after December 1, 2015. Effect of Amendments. - Session Laws 2006-71, ss. 1 through 3, effective January 1, 2007, added "(42 U.S.C. § 9601, et seq.) except for a site listed on the National Priorities List pursuant to 42 U.S.C. § 9605" at the end of subdivision (b)(3); in subdivision (b)(5), substituted "contaminant concentrations for each environmental medium that are considered acceptable for all uses and that comply" for "that cleanup or remediation of contamination complies" and "site-specific contaminant levels established pursuant to this Part" for "risk-based standards established by the Commission pursuant to this Part"; and substituted "with a bona fide, demonstrable desire" for "who desires" in subdivision (b)(10). Session Laws 2013-108, s. 1, effective July 1, 2013, deleted "other than Part 2A of Article 21A of Chapter 143 of the General Statutes" following "State remedial program" in subdivision (b)(3), and at the end of subdivision (b)(11). Session Laws 2014-122, s. 11(h), effective September 20, 2014, substituted "Commission" for "Environmental Management Commission, the Commission," near the end of subdivision (b)(5). Session Laws 2015-286, s. 4.10(a), effective December 1, 2015, substituted "develop or redevelop a" for "either buy or sell a brownfields property for the purpose of developing or redeveloping that" in subdivision (b)(10). For applicability, see Editor's note.