§ 130A-310.32. Brownfields agreement. - North Carolina Statutes

§ 130A‑310.32. Brownfields agreement.

(a)        The Department may,in its discretion, enter into a brownfields agreement with a prospectivedeveloper who satisfies the requirements of this section. A prospectivedeveloper shall provide the Department with any information necessary todemonstrate that:

(1)        The prospectivedeveloper, and any parent, subsidiary, or other affiliate of the prospectivedeveloper has substantially complied with:

a.         The terms of anybrownfields agreement or similar agreement to which the prospective developeror any parent, subsidiary, or other affiliate of the prospective developer hasbeen a party.

b.         The requirementsapplicable to any remediation in which the applicant has previously engaged.

c.         Federal and statelaws, regulations, and rules for the protection of the environment.

(2)        As a result of theimplementation of the brownfields agreement, the brownfields property will besuitable for the uses specified in the agreement while fully protecting publichealth and the environment instead of being remediated to unrestricted usestandards.

(3)        There is a publicbenefit commensurate with the liability protection provided under this Part.

(4)        The prospectivedeveloper has or can obtain the financial, managerial, and technical means to fullyimplement the brownfields agreement and assure the safe use of the brownfieldsproperty.

(5)        The prospectivedeveloper has complied with or will comply with all applicable proceduralrequirements.

(b)        In negotiating abrownfields agreement, parties may rely on land‑use restrictions thatwill be included in a Notice of Brownfields Property required under G.S. 130A‑310.35.A brownfields agreement may provide for remediation standards that are based onthose land‑use restrictions.

(c)        A brownfieldsagreement shall contain a description of the brownfields property that would besufficient as a description of the property in an instrument of conveyance and,as applicable, a statement of:

(1)        Any remediation tobe conducted on the property, including:

a.         A description ofspecific areas where remediation is to be conducted.

b.         The remediationmethod or methods to be employed.

c.         The resources thatthe prospective developer will make available.

d.         A schedule ofremediation activities.

e.         Applicableremediation standards.

f.          A schedule and themethod or methods for evaluating the remediation.

(2)        Any land‑userestrictions that will apply to the brownfields property.

(3)        The desired resultsof any remediation or land‑use restrictions with respect to thebrownfields property.

(4)        The guidelines,including parameters, principles, and policies within which the desired resultsare to be accomplished.

(5)        The consequences ofachieving or not achieving the desired results.

(d)        Any failure of theprospective developer or the prospective developer's agents and employees tocomply with the brownfields agreement constitutes a violation of this Part bythe prospective developer. (1997‑357, s. 2; 2001‑384, s. 11.)