North Carolina § 143-215 - 104I. (This Part has an expiration date - see notes) Dry-Cleaning solvent remediation agreements.

§ 143-215. 104I. (This Part has an expiration date - see notes) Dry-Cleaning solvent remediation agreements.

Upon the completion of assessment activities required by a dry-cleaning solvent assessment agreement, one or more potentially responsible parties may petition the Commission to enter into a dry-cleaning solvent remediation agreement for any contamination requiring remediation. The Commission may, in its discretion, enter into a remediation agreement with any petitioner who satisfies the requirements of this section and the applicable requirements of G.S. 143-215.104F. If more than one potentially responsible party petitions the Commission, the Commission may enter into a single remediation agreement with one or more of the petitioners. The Commission shall not unreasonably refuse to enter into a remediation agreement pursuant to this section. The Commission may, in its discretion, enter into a remediation agreement that includes the assessment described in G.S. 143-215.104H. Petitioners shall provide the Commission with any information necessary to demonstrate: Repealed by Session Laws 2000, c. 19, s. 10, effective June 26, 2000. As a result of the remediation agreement, the contamination site will be suitable for the uses specified in the remediation agreement while fully protecting public health and the environment from dry-cleaning solvent contamination and any other contaminants included in the remediation agreement. There is a public benefit commensurate with the liability protection provided under this Part. Repealed by Session Laws 2007-530, s. 6, effective August 31, 2007. The petitioner has complied with or will comply with all applicable procedural requirements. The remediation agreement will not cause the Department to violate the terms and conditions under which the Department operates and administers remedial programs, including the programs established or operated pursuant to Article 9 of Chapter 130A of the General Statutes, by delegation or similar authorization from the United States or its departments or agencies, including the United States Environmental Protection Agency. The priority ranking assigned to the facility or site is consistent with the rules adopted by the Commission or the priority ranking that the petitioner agrees to accept is consistent with the rules adopted by the Commission. Repealed by Session Laws 2007-530, s. 6, effective August 31, 2007. The petitioner will continue to have available the financial resources necessary to satisfy the share of response costs imposed on the petitioner by G.S. 143-215.104F. Repealed by Session Laws 2007-530, s. 6, effective August 31, 2007. The consent of other property owners to enter into their property for purposes of conducting remediation activities specified in the remediation agreement. In negotiating a remediation agreement, parties may rely on land-use restrictions that will be included in a Notice of Dry-Cleaning Solvent Remediation required under G.S. 143-215.104M. A remediation agreement may provide for remediation in accordance with standards that are based on those land-use restrictions. For contaminated properties that are located in the area of a contamination site, in lieu of land-use restrictions authorized by subsection (b) of this section, parties may rely on other State or local land-use controls in negotiating a remediation agreement. Any land-use controls used shall adequately protect human health and the environment, both currently and in the future, from exposure to dry-cleaning solvent contamination. If controls are used in lieu of land-use restrictions, then a Notice of Dry-Cleaning Solvent Remediation shall be prepared in accordance with the provisions set forth in subdivisions (1) through (4) of G.S. 143-215.104M(b) and filed in accordance with subsections (c) through (g) of G.S. 143-215.104M. In the event that the owner of the property fails to submit and file the required Notice within the time specified, the Commission may prepare and file the Notice. This subsection shall not apply to properties on which a dry-cleaning facility is or was located which is the source of the contamination. A dry-cleaning solvent remediation agreement shall contain a description of the contamination site that would be sufficient as a description of the property in an instrument of conveyance and, as applicable, a statement of: Any remediation, including remediation of contaminants other than dry-cleaning solvents, to be conducted on the property, including: A description of specific areas where remediation is to be conducted. The remediation method or methods to be employed. Repealed by Session Laws 2007-530, s. 6, effective August 31, 2007. A schedule of remediation activities. Applicable remediation standards. Applicable remediation standards for dry-cleaning solvent contamination shall not exceed the requirements adopted by the Commission pursuant to G.S. 143-104D(b)(3). A schedule and the method or methods for evaluating the remediation. Any land-use restrictions and State and local land-use controls that will apply to the contamination site or other property. The desired results of any remediation, land-use restrictions, or State or local land-use controls with respect to the contamination site. The guidelines, including parameters, principles, and policies within which the desired results are to be accomplished. The consequences of achieving or not achieving the desired results. The priority ranking of the facility or abandoned site. Repealed by Session Laws 2007-530, s. 6, effective August 31, 2007. The Commission may refuse to enter into a dry-cleaning solvent assessment agreement or dry-cleaning solvent remediation agreement with any petitioner if the petitioner fails to provide any information that is necessary to demonstrate the facts required to be shown by subsection (a) of this section. In addition to the basis set forth in subsection (d) of this section, the Commission may refuse to enter into a dry-cleaning solvent remediation agreement with an owner of the property on which a contamination site is located if the owner refuses to accept limitations on the future use of the property and to give notice of these limitations pursuant to G.S. 143-215.104M. The refusal of the Commission to enter into a dry-cleaning remediation agreement with any petitioner shall not affect the rights of any other petitioner, other than any parent, subsidiary, or other affiliate of the petitioner, under this Part. The refusal of the Commission to enter into a remediation agreement may be the basis for rejection of a petition by any parent, subsidiary, or other affiliate of the petitioner for the facility or abandoned site. The terms and conditions of a dry-cleaning solvent remediation agreement concerned with dry-cleaning solvent contamination shall be guided by and consistent with the rules adopted by the Commission pursuant to G.S. 143-215.104D and the disbursement authorities and limitations set out in this Part. A remediation agreement shall provide that the Commission's private contractor conduct assessment and remediation activities at the facility or abandoned site. Any failure of a petitioner or the petitioner's agents or employees to comply with the dry-cleaning solvent remediation agreement constitutes a violation of this Part by the petitioner. History (1997-392, s. 1; 2000-19, ss. 10, 11, 13; 2007-530, s. 6; 2009-483, s. 1.) Expiration of Part 6. - For expiration of Part 6 and exceptions thereto, see G.S. 143-215.104 A. Editor's Note. - Session Laws 2007-530, s. 14, provides: "If the Environmental Management Commission adopts rules establishing a risk-based approach applicable to the assessment, prioritization, and remediation of dry-cleaning solvent contamination, the original notice of text for which was published at 21 N.C. Reg. 1818 (April 16, 2007); the Rules Review Commission approves these rules, including any changes incorporated as a result of public comments or Rules Review Commission requirements; and the Rules Review Commission receives 10 or more letters of objection to these rules in accordance with G.S. 150B-21.3 (b2), the Environmental Management Commission, notwithstanding the requirements of G.S. 150B-21.1 and G.S. 150B-21.3 , may adopt these rules as temporary rules in accordance with the temporary rule-making procedures set out in Chapter 150B of the General Statutes." Session Laws 2009-483, s. 5, amended Session Laws 1997-392, s. 8, deleting the repeal date for Session Laws 1997-392, s. 1, which enacted Part 6 of Article 21A (G.S. 143-215.104A through 143-215.104U). Therefore, this section is not repealed effective January 1, 2012. Now see G.S. 143-215.104 A for sunset provision. Effect of Amendments. - Session Laws 2007-530, s. 6, effective August 31, 2007, deleted subdivisions (a)(4), (a)(8), (a)(10), (c)(1)c, and (c)(7), rewrote subsection (d); in subsection (e), made stylistic changes; and in subsection (g), substituted "disbursement authorities" for "reimbursement authorities," deleted the former second sentence which read "A remediation agreement shall provide, subject to availability of monies in the Fund, for prompt reimbursement of response costs incurred in assessment or remediation activities that are found by the Commission to be consistent with the remediation agreement and this Part," and substituted "Commission's private contractor" for "Commission" in the last sentence. Session Laws 2009-483, s. 1, effective August 26, 2009, added subsection (b1), inserted "and State and local land-use controls" in subdivision (c)(2); and substituted "remediation, land-use restrictions, or State or local land-use controls" for "remediation or land-use restrictions" in subdivision (c)(3).