§ 130A-310.31. Definitions. - North Carolina Statutes

§ 130A‑310.31. Definitions.

(a)        Unless a differentmeaning is required by the context or unless a different meaning is set out insubsection (b) of this section, the definitions in G.S. 130A‑2 and G.S.130A‑310 apply throughout this Part.

(b)        Unless a differentmeaning is required by the context:

(1)        "Affiliate"has the same meaning as in 17 Code of Federal Regulations § 240.12b‑2 (1April 1996 Edition).

(2)        "Brownfieldsagreement" means an agreement between the Department and a prospectivedeveloper that meets the requirements of G.S. 130A‑310.32.

(3)        "Brownfieldsproperty" or "brownfields site" means abandoned, idled, orunderused property at which expansion or redevelopment is hindered by actualenvironmental contamination or the possibility of environmental contaminationand that is or may be subject to remediation under any State remedial programother than Part 2A of Article 21A of Chapter 143 of the General Statutes orthat is or may be subject to remediation under the Comprehensive EnvironmentalResponse, Compensation and Liability Act of 1980, as amended (42 U.S.C. § 9601,et seq.) except for a site listed on the National Priorities List pursuant to42 U.S.C. § 9605.

(4)        "Contaminant"means a regulated substance released into the environment.

(5)        "Unrestricteduse standards" when used in connection with "cleanup","remediated", or "remediation" means contaminantconcentrations for each environmental medium that are considered acceptable forall uses and that comply with generally applicable standards, guidance, orestablished methods governing the contaminants that are established by statuteor adopted, published, or implemented by the Environmental ManagementCommission, the Commission, or the Department instead of the site‑specificcontaminant levels established pursuant to this Part.

(6)        "Environmentalcontamination" means contaminants at the property requiring remediationand that are to be remediated under the brownfields agreement including, at aminimum, hazardous waste, as defined in G.S. 130A‑290; a hazardoussubstance, as defined in G.S. 130A‑310; a hazardous substance, as definedin G.S. 143‑215.77; or oil, as defined in G.S. 143‑215.77.

(7)        "Localgovernment" means a town, city, or county.

(8)        "Parent"has the same meaning as in 17 Code of Federal Regulations § 240.12b‑2 (1April 1996 Edition).

(9)        "Potentiallyresponsible party" means a person who is or may be liable for remediationunder a remedial program.

(10)      "Prospectivedeveloper" means any person with a bona fide, demonstrable desire toeither buy or sell a brownfields property for the purpose of developing orredeveloping that brownfields property and who did not cause or contribute tothe contamination at the brownfields property.

(11)      "Regulatedsubstance" means a hazardous waste, as defined in G.S 130A‑290; ahazardous substance, as defined in G.S. 143‑215.77A; oil, as defined inG.S. 143‑215.77; or other substance regulated under any remedial programimplemented by the Department other than Part 2A of Article 21A of Chapter 143of the General Statutes.

(12)      "Remedialprogram" means a program implemented by the Department for the remediationof any contaminant, including the Inactive Hazardous Sites Response Act of 1987under Part 3 of this Article, the Superfund Program under Part 4 of thisArticle, and the Oil Pollution and Hazardous Substances Control Act of 1978under Part 2 of Article 21A of Chapter 143 of the General Statutes.

(13)      "Remediation"means action to clean up, mitigate, correct, abate, minimize, eliminate,control, or prevent the spreading, migration, leaking, leaching,volatilization, spilling, transport, or further release of a contaminant intothe environment in order to protect public health or the environment.

(14)      "Subsidiary"has the same meaning as in 17 Code of Federal Regulations § 240.12b‑2 (1April 1996 Edition). (1997‑357, s. 2; 1997‑392, ss. 4.2‑4.4; 2001‑384,s. 11; 2006‑71, ss. 1, 2, 3.)