§ 143-215.104B. (Repealed effective January 1, 2012 - See editor's notes) Definitions. - North Carolina Statutes

§ 143‑215.104B. (Repealed effective January 1, 2012 – See editor's notes) Definitions.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. 143‑215.77, 130A‑2,and 130A‑290 apply throughout this Part.

(b)        Unless a differentmeaning is required by the context, the following definitions apply in thisPart. The definitions set out in this subsection apply only to theimplementation of this Part and do not define or limit the scope of any otherremedial program:

(1)        "Abandoned dry‑cleaningfacility site" or "abandoned site" means any real property orindividual leasehold space on which a dry‑cleaning facility or wholesaledistribution facility formerly operated.

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

(3)        "Commission"means the Environmental Management Commission.

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

(5)        Renumbered.

(6)        "Disposal"shall have the meaning ascribed to it in G.S. 130A‑290.

(7)        "Dry‑cleaningfacility" means a place of business located in this State and engaged inon‑site dry‑cleaning operations, other than a commercial uniformservice or commercial linen supply facility.

(8)        "Dry‑cleaningoperations" means cleaning of apparel and household fabrics by using oneor more dry‑cleaning solvents instead of water.

(9)        "Dry‑cleaningsolvent" means any hydrocarbon or halogenated hydrocarbon used as asolvent in a dry‑cleaning operation or the degradation products fromthese solvents.

(10)      "Dry‑cleaningsolvent assessment agreement" or "assessment agreement" means anagreement between the Commission and a potentially responsible party whodesires an assessment of whether a release of dry‑cleaning solvents at adry‑cleaning facility, an abandoned dry‑cleaning facility site, ora wholesale distribution facility may be eligible for remediation under thisPart and whether any other contaminants that are identified in the agreementmay require remediation under other remedial programs operated or administeredby the Department.

(11)      "Dry‑cleaningsolvent contamination" means the presence of dry‑cleaning solvent inthe waters or surface or subsurface soils of the State, the bedrock or otherrock formations, or buildings in a concentration above the level requiringremediation pursuant to the rules implementing Article 21A of Chapter 143.

(12)      "Dry‑cleaningsolvent remediation agreement" or "remediation agreement" meansan agreement between the Commission and a potentially responsible party whodesires the cleanup of dry‑cleaning solvent contamination resulting froma release at a dry‑cleaning facility, an abandoned dry‑cleaningfacility site, or a wholesale distribution facility under this Part and anyother contaminants that are identified in the agreement under other remedialprograms operated or administered by the Department.

(13)      "Facility"means a dry‑cleaning facility or a wholesale distribution facility.

(14)      "Fund"means the Dry‑Cleaning Solvent Cleanup Fund.

(14a)    "Halogenatedhydrocarbon" means any hydrocarbon where at least one hydrogen atom issubstituted by a halogen atom.

(15)      "Hazardouswaste" has the same meaning as in G.S. 130A‑290.

(15a)    "Hydrocarbon"means any linear, branched, saturated, or unsaturated compound whose moleculescontain only carbon and hydrogen atoms.

(16)      "Imminenthazard" means a situation that is likely to cause an immediate threat tohuman life, an immediate threat of serious physical injury, an immediate threatof serious adverse health effects, or a serious risk of irreparable damage tothe environment if no immediate action is taken.

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

(18)      "Operator"means any person operating a dry‑cleaning facility or wholesaledistribution facility, whether by lease, contract, or any other form ofagreement.

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

(20)      Repealed by SessionLaws 2000, ch. 19, s. 3, effective on and after April 1, 1998.

(21)      "Potentiallyresponsible party" means any person who may have liability for assessment,monitoring, treatment, mitigation, or remediation of dry‑cleaning solventcontamination resulting from a release at a dry‑cleaning facility, anabandoned dry‑cleaning facility site, or a wholesale distributionfacility.

(22)      "Publichealth" means public health as the term is used in Article 9 of Chapter130A of the General Statutes and "human health" as the term is usedin Articles 21 and 21A of Chapter 143 of the General Statutes.

(23)      "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.

(24)      "Release"means any spillage, leakage, pumping, placement, emptying, or dumping of dry‑cleaningsolvents resulting from a dry‑cleaning operation or the operation of awholesale distribution facility.

(25)      "Remedialprogram" means a program implemented by the Department for the remediationof any contaminant, including the programs implemented under Article 9 ofChapter 130A of the General Statutes and the Oil Pollution and HazardousSubstances Control Act of 1978 under Part 2 of Article 21A of Chapter 143 ofthe General Statutes but not the remedial program implemented under Part 2A ofArticle 21A of Chapter 143 of the General Statutes.

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

(27)      "Responsecosts" means costs incurred in connection with a certified facility orabandoned site that the Commission determines are reasonably necessary and consistentwith the applicable requirements of the Commission and any applicable dry‑cleaningsolvent assessment agreement or dry‑cleaning solvent remediationagreement.

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

(29)      "Treatment"shall have the meaning ascribed to it in G.S. 130A‑290.

(29a)    "Unrestricted usestandards" when used in connection with "cleanup,""remediated", or "remediation" means that cleanup orremediation of contamination complies with generally applicable standards,guidance, or established methods governing the contaminants that areestablished by statute or adopted, published, or implemented by the Commission,the Commission for Public Health, or the Department instead of the risk‑basedstandards established by the Commission pursuant to this Part.

(30)      "Waters"means any stream, river, creek, brook, run, canal, swamp, lake, sound, tidalestuary, bay, reservoir, waterway, wetlands, or any other body or accumulationof water, surface or underground, public or private, natural or artificial,that is contained within, flows through, or borders upon this State, or anyportion thereof, including those portions of the Atlantic Ocean over which thisState has jurisdiction.

(31)      "Wholesaledistribution facility" means a place of business located in this State andengaged in the storage, distribution, or sale of dry‑cleaning solventsfor use in dry‑cleaning facilities.

(32)      "Wholesaledistributor" means a person who operates a wholesale distributionfacility. (1997‑392,s. 1; 2000‑19, s. 3; 2001‑384, s. 11; 2007‑182, s. 2; 2007‑530,s. 1.)