§ 130A-310.1. Identification, inventory, and monitoring of inactive hazardous substance or waste disposal sites; duty of owners, operators, and responsible parties to provide information and access; r - North Carolina Statutes

§130A‑310.1.  Identification, inventory, and monitoring of inactivehazardous substance or waste disposal sites; duty of owners, operators, andresponsible parties to provide information and access; remedies.

(a)        The Departmentshall develop and implement a program for locating, cataloguing, and monitoringall inactive hazardous substance or waste disposal sites in North Carolina. TheSecretary shall compile and maintain an inventory of all inactive hazardoussubstance or waste disposal sites based on information submitted by owners,operators, and responsible parties, and on data obtained directly by theSecretary. The Secretary shall maintain records of any evidence ofcontamination to the air, surface water, groundwater, surface or subsurfacesoils, or waste streams for inventoried sites. The records shall include allavailable information on the extent of any actual damage or potential danger topublic health or to the environment resulting from the contamination.

(b)        The Commissionshall develop and make available a format and checklist for submission of datarelevant to inactive hazardous substance or waste disposal sites. Within 90days of the date on which an owner, operator, or responsible party knows orshould know of the existence of an inactive hazardous substance or wastedisposal site, the owner, operator, or responsible party shall submit to theSecretary all site data that is known or readily available to the owner,operator, or responsible party. The owner, operator, or responsible party shallcertify under oath that, to the best of his knowledge and belief, the data iscomplete and accurate.

(c)        Whenever theSecretary determines that there is a release, or substantial threat of arelease, into the environment of a hazardous substance from an inactivehazardous substance or waste disposal site, the Secretary may, in addition toany other powers he may have, order any responsible party to conduct anymonitoring, testing, analysis, and reporting that the Secretary deemsreasonable and necessary to ascertain the nature and extent of any hazard posedby the site. Written notice of any order issued pursuant to this section shallbe given to all persons subject to the order as set out in G.S. 130A‑310.3(c).The Secretary, prior to the entry of any order, shall solicit the cooperationof the responsible party.

(d)        If a person failsto submit data as required in subsection (b) of this section or violates therequirements or schedules in an order issued pursuant to subsection (c) of thissection, the Secretary may institute an action for injunctive relief,irrespective of all other remedies at law, in the superior court of the countywhere the violation occurred or where a defendant resides.

(e)        Whenever a personordered to take any action pursuant to this section is unable or fails to doso, or if the Secretary, after making a reasonable attempt, is unable to locateany responsible party, the Secretary may take the action. The cost of anyaction by the Secretary pursuant to this section may be paid from the InactiveHazardous Sites Cleanup Fund, subject to a later action for reimbursementpursuant to G.S. 130A‑310.7. The provisions of subdivisions (a)(1) to(a)(3) of G.S.130A‑310.6 shall apply to any action taken by the Secretarypursuant to this section.

(f)         Upon reasonablenotice, the Secretary may require any person to furnish to the Secretary anyinformation, document, or record in that person's possession or under thatperson's control that relates to:

(1)        The identification,nature, and quantity of material that has been or is generated, treated,stored, or disposed of at an inactive hazardous substance or waste disposalsite or that is transported to an inactive hazardous substance or wastedisposal site.

(2)        The nature andextent of a release or threatened release of a hazardous substance or hazardouswaste at or from an inactive hazardous substance or waste disposal site.

(3)        Information relatingto the ability of a person to pay for or to perform a cleanup.

(g)        A person who isrequired to furnish any information, document, or record under subsection (f)of this section shall either allow the Secretary to inspect and copy allinformation, documents, and records or shall copy and furnish to the Secretaryall information, documents, and records at the expense of the person.

(h)        To collectinformation to administer this Part, the Secretary may subpoena the attendanceand testimony of witnesses and the production of documents, records, reports,answers to questions, and any other information that the Secretary deemsnecessary. Witnesses shall be paid the same fees and mileage that are paid towitnesses in proceedings in the General Court of Justice. In the event that aperson fails to comply with a subpoena issued under this subsection, theSecretary may seek enforcement of the subpoena in the superior court in anycounty where the inactive hazardous substance or waste disposal site islocated, in the county where the person resides, or in the county where theperson has his or her principal place of business.

(i)         A person who ownsor has control over an inactive hazardous substance or waste disposal siteshall grant the Secretary access to the site at reasonable times. If a personfails to grant the Secretary access to the site, the Secretary may obtain anadministrative search and inspection warrant as provided by G.S. 15‑27.2.(1987, c. 574, s. 2; 1989, c. 286, s. 3; 1997‑53, s. 1.)