§ 130A-310.22. Contracts authorized. - North Carolina Statutes

§130A‑310.22.  Contracts authorized.

(a)        The Department isauthorized to enter into contracts and cooperative agreements with the UnitedStates and to engage in any activity otherwise authorized by law to identify,investigate, evaluate, and clean up any site or facility covered by CERCLA/SARAincluding but not limited to performing preliminary assessments, siteinvestigations, remedial investigations, and feasibility studies; preparationof records of decision; conducting emergency response, remedial, and removalactions; and engaging in enforcement activities in accordance with theprovisions of CERCLA/SARA.

(b)        The Department maymake all assurances required by federal law or regulation including but notlimited to assuring that the State will assume responsibility for the operationand maintenance of any remedial action for the anticipated duration of theremedial action; assuring that the State will provide its share of the cost ofany remedial action at a site or facility which was privately owned or operated;assuring that the State will provide its share of the cost of any removal,remedial planning, and remedial action at a site or facility owned or operatedby the State or a political subdivision of the State; assuring the availabilityof off‑site treatment, storage, or disposal capacity needed to effectuatea remedial action; assuring that the State will take title to, acquire aninterest in, or accept transfer of any interest in real property needed toeffectuate a remedial action; assuring that the State has adequate capacity tomeet the assurances required by CERCLA/SARA (42 U.S.C. § 9604(c)(9)); assuringaccess to the facility and any adjacent property including the securing of anyright‑of‑way or easement needed to effectuate a remedial action; andassuring that the State will satisfy all federal, State, and local requirementsfor permits and approvals necessary to effectuate a remedial action.

(c)        Each contractentered into by the Department under this section shall stipulate that allobligations of the State are subject to the availability of funds.  Neitherthis section nor any contract entered into under authority of this sectionshall be construed to obligate the General Assembly to make any appropriationto implement this Part or any contract entered into under this section.  TheDepartment shall implement this Part and any contract entered into under thissection from funds otherwise available or appropriated to the Department forsuch purpose. (1989, c. 286, s. 10; 1989 (Reg. Sess., 1990), c.1004, s. 11, c. 1024, s. 30(c).)