North Carolina § 130A-310 - Definitions.

§ 130A-310. Definitions.

Unless a different meaning is required by the context, the following definitions shall apply throughout this Part: "CERCLA/SARA" means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Pub. L. 96-510, 94 Stat. 2767, 42 U.S.C. 9601 et seq., as amended, and the Superfund Amendments and Reauthorization Act of 1986, Pub. L. 99-499, 100 Stat. 1613, as amended. "Hazardous substance" means hazardous substance as defined in CERCLA/SARA. "Inactive hazardous substance or waste disposal site" or "site" means any facility, as defined in CERCLA/SARA. These sites do not include hazardous waste facilities permitted or in interim status under this Article. "Operator" means the person responsible for the overall operation of an inactive hazardous substance or waste disposal site. "Owner" means any person who owns an inactive hazardous substance or waste disposal site, or any part thereof. "Release" means release as defined in the CERCLA/SARA. "Remedy" or "Remedial Action" means remedy or remedial action as defined in CERCLA/SARA. "Remove" or "Removal" means remove or removal as defined in CERCLA/SARA. "Responsible party" means any person who is liable pursuant to G.S. 130A-310.7. History (1987, c. 574, s. 2; 1989, c. 286, s. 2; 1999-83, s. 1.) Editor's Note. - Section 4 of Session Laws 1987, c. 574, provided: "This act shall not be construed to obligate the General Assembly to make any appropriation to implement the provisions of this act; nor shall it be construed to obligate the Secretary to implement any monitoring program, testing program, or inactive hazardous substance or waste disposal site remedial action program for which no funding is available, from appropriations or otherwise." Session Laws 1999-237, s. 15.6, as amended by Session Laws 2017-10, s. 4.21, Session Laws 2020-74, s. 11(a), and Session Laws 2020-78, s. 7.2(a), provides: "(a) The Department of Environmental Quality may use available funds, with the approval of the Office of State Budget and Management, to provide the ten percent (10%) cost share required for Superfund cleanups on the National Priority List sites, to pay the operating and maintenance costs associated with these Superfund cleanups, and for the cleanup of priority inactive hazardous substance or waste disposal sites under Part 3 of Article 9 of Chapter 130A of the General Statutes. These funds may be in addition to those appropriated for this purpose. "(b) The Department of Environmental Quality and the Office of State Budget and Management shall report to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources the amount and the source of the funds used pursuant to subsection (a) of this section on or before April 15 of each year and shall include this information in the status of solid waste management report required to be submitted pursuant to G.S. 130A-309.06(c) ." Session Laws 2020-78, s. 22.1, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2019-2021 fiscal biennium, the textual provisions of this act apply only to the 2019-2021 fiscal biennium." Session Laws 2020-78, s. 22.3, is a severability clause. Legal Periodicals. - For note on the Brownfields Property Reuse Act of 1997, see 78 N.C.L. Rev. 1015 (1998). For comment, "Obtaining a Declaratory Judgment Under CERCLA: Should the Past Control the Future?," see 46 Wake Forest L. Rev. 359 (2011).