§ 143-215.104D. (Repealed effective January 1, 2012 - See notes) Powers of the Commission. - North Carolina Statutes

§ 143‑215.104D. (Repealed effective January 1, 2012 – See notes) Powers of the Commission.

(a)        AdministrativeFunctions. – The Commission may delegate any or all of the powers enumerated inthis subsection to the Department. The Commission shall:

(1)        Accept petitions forcertification and petitions to enter into dry‑cleaning solvent assessmentagreements or remediation agreements under this Part.

(2)        Prioritize certifieddry‑cleaning facilities, certified wholesale distribution facilities, orcertified abandoned dry‑cleaning facility sites for the initiation ofassessment or remediation activities.

(3)        Repealed by SessionLaws 2007‑530, s. 3, effective August 31, 2007.

(4)        Schedule funding ofassessment and remediation activities.

(5)        Determine whetherassessment or remediation is necessary at a site at which dry‑cleaningsolvent contamination has occurred.

(5a)      Enter into contractswith private contractors for assessment and remediation activities at certifieddry‑cleaning facilities, certified wholesale distribution facilities, andcertified abandoned dry‑cleaning facility sites.

(6)        Determine that allnecessary assessment and remediation has been completed at a contaminationsite.

(7)        Make payments fromthe Fund for the costs of assessment and remediation.

(b)        Rule making. – TheCommission shall adopt rules as are necessary to implement the provisions ofthis Part. Rules adopted by the Commission shall be consistent with and shallnot duplicate, but may incorporate by reference, the rules adopted by the Commissionfor Health Services pursuant to Article 9 of Chapter 130A of the GeneralStatutes. The Commission shall not delegate the rule‑making powersprovided in this subsection.

(1)        The Commission mayadopt rules governing:

a.         Repealed by SessionLaws 2007‑530, s. 3, effective August 31, 2007.

b.         The certificationand decertification of facilities or abandoned sites.

c.         The prioritizationof facilities or abandoned sites and scheduling of funding for assessment andremediation activities. These rules shall provide for:

1.         Consideration of thedegree of harm or risk to public health and the environment.

2.         Consideration of theorder in which certification is issued for the facility or abandoned site.

3.         Consideration of therelative cost of assessment and remediation activities.

4.         Use of the Fund soas to maximize the reduction of harm or risk posed by certified facilities,certified abandoned sites, uncertified facilities and uncertified sites.

d.         The disbursement ofrevenue from the Fund for payment of approved assessment or remediation costs.

e.         The determinationwhether assessment or remediation is necessary at a contamination site.

f.          The determinationthat all necessary assessment and remediation has been completed at acontamination site.

g.         The terms andconditions of dry‑cleaning solvent assessment agreements and remediationagreements.

h.         The determinationwhether additional assessment or remediation is necessary at a contaminationsite previously closed under this Part.

(2)        (See editor'snote) The Commission may adopt rules establishing minimum managementpractices for handling of dry‑cleaning solvent at dry‑cleaningfacilities and wholesale distribution facilities. The rules may:

a.         Require that allperchloroethylene dry‑cleaning machines installed at a dry‑cleaningfacility after the effective date of the rule or temporary rule meet airemission standards that equal or exceed the standards that apply to comparabledry‑to‑dry perchloroethylene dry‑cleaning machines withintegral refrigerated condensation.

b.         Prohibit thedischarge of dry‑cleaning solvents or water that contains dry‑cleaningsolvents into sanitary sewers, septic systems, storm sewers, or waters of theState.

c.         Require spillcontainment structures around dry‑cleaning machines, filters, stills,vapor adsorbers, solvent storage areas, and waste solvent storage areas.

d.         Require floorsealants for cleaning room areas if the Commission finds the sealants to beeffective.

e.         Require, by 1January 2002, the use of improved solvent transfer systems to prevent releasesat the time of delivery of solvents to a dry‑cleaning facility.

f.          Require any othersolvent‑handling practices the Commission may find necessary andappropriate to minimize the risk of releases at dry‑cleaning facilitiesor wholesale distribution facilities.

(3)        The Commission shalladopt rules establishing a risk‑based approach applicable to theassessment, prioritization, and remediation of dry‑cleaning solventcontamination resulting from releases at facilities or abandoned sitescertified pursuant to G.S. 143‑215.104G. The rules shall address, at aminimum:

a.         Criteria and methodsfor determining remediation requirements, including the level of remediationnecessary to assure adequate protection of public health and the environment.

b.         The circumstancesunder which information specific to the dry‑cleaning solventcontamination site should be considered and required.

c.         The circumstancesunder which restrictions on the future use of any remediated dry‑cleaningsolvent contamination site should be considered and required as a means ofachieving and maintaining an adequate level of protection for public health andthe environment.

d.         Strategies for theassessment and remediation of dry‑cleaning solvent contamination,including presumptive remedial responses sufficient to provide an adequatelevel of protection as described under sub‑subdivision a. of thissubdivision.

(c)        All rules adoptedby the Commission shall be applicable to all dry‑cleaning facilities,wholesale distribution facilities, and abandoned dry‑cleaning facilitiesin the State and shall, to the maximum extent practicable, be cost‑effectiveand technically feasible while protecting public health and the environmentfrom the release of dry‑cleaning solvents.

(d)        Unless otherwiseprovided in this Part, the Commission may delegate any of its rights, duties,and responsibilities under this Part to the Department. (1997‑392, s. 1; 2000‑19,s. 6; 2007‑182, s. 2; 2007‑530, s. 3.)