§ 130A-309. Corrective actions beyond facility boundary. - North Carolina Statutes

§130A‑309.  Corrective actions beyond facility boundary.

Standards adopted under G.S.130A‑294(c) shall require that corrective action be taken beyond thefacility boundary where necessary to protect human health and the environmentunless the owner or operator of the facility concerned demonstrates to thesatisfaction of the Department that, despite the owner or operator's bestefforts, the owner or operator was unable to obtain the necessary permission toundertake such action. Such standards shall take effect upon adoption and shallapply to:

(1)        All facilitiesoperating under permits issued under G.S. 130A‑294(c); and

(2)        All disposalfacilities, surface impoundments, and waste pile units (including any newunits, replacements of existing units or lateral expansions of existing units)which receive hazardous waste after July 26, 1982.

Pending adoption of suchrules, the Department shall issue corrective action orders for facilitiesreferred to in (1) and (2), on a case‑by‑case basis, consistentwith the purposes of this section. Notwithstanding any other provision of thissection, this section shall apply only to units, facilities, and permits thatare covered by Section 3004(v) of RCRA (42 U.S.C. § 6924(v)). Notwithstandingthe foregoing, corrective action authorized elsewhere in this Chapter shall notbe limited by this section. (1985, c. 738, s. 4; 1989, c.168, s. 28.)