§ 143-215.104H. (Repealed effective January 1, 2012 - See notes) Dry-Cleaning Solvent Assessment Agreements. - North Carolina Statutes

§ 143‑215.104H. (Repealed effective January 1, 2012 – See notes) Dry‑Cleaning SolventAssessment Agreements.

(a)        AssessmentAgreements. – One or more potentially responsible parties may petition theCommission to enter into a dry‑cleaning solvent assessment agreementregarding a facility or abandoned site that has been certified pursuant to G.S.143‑215.104G. The Commission may, in its discretion, enter into anassessment agreement with any potentially responsible party who satisfies therequirements of this section and the applicable requirements of G.S. 143‑215.104F.If more than one potentially responsible party petitions the Commission, theCommission may enter into a single assessment agreement with one or more of thepetitioners. The Commission shall not unreasonably refuse to enter into anassessment agreement pursuant to this section. The Commission may require thepetitioners to provide the Commission with any information necessary todemonstrate:

(1)        The priority rankingassigned to the facility or site is consistent with the rules adopted by theCommission.

(2) through (4a)  Repealed bySession Laws 2007‑530, s. 5, effective August 31, 2007.

(5)        The petitioner hasand will continue to have available the financial resources necessary to paythe share of response costs imposed on the petitioner by G.S. 143‑215.104F.

(6)        The permits or otherauthorizations required to conduct the assessment activities and to lawfullydispose of any hazardous substances or wastes generated by the assessmentactivities have been or can be obtained.

(7)        The assessmentactivities will not increase the existing level of public exposure to health orenvironmental hazards at the contamination site.

(8)        Repealed by SessionLaws 2007‑530, s. 5, effective August 31, 2007.

(9)        The petitioner hasobtained the consent of other property owners to enter into their property forthe purpose of conducting assessment activities specified in the assessmentagreement.

(b)        The terms andconditions of an assessment agreement regarding dry‑cleaning solventcontamination shall be guided by and consistent with the rules adopted by theCommission pursuant to G.S. 143‑215.104D and the disbursement authoritiesand limitations set out in this Part. An assessment agreement shall, subject tothe availability of monies from the Fund:

(1)        Repealed by SessionLaws 2000, ch. 19, s. 9, effective June 26, 2000.

(1a)      Require that thepetitioner shall be liable to the Fund for an amount equal to the difference,if any, between the applicable amount for which the petitioner is responsibleunder G.S. 143‑215.104F and the amount reasonably paid by the petitionerfor assessment or remediation activities of the type specified in G.S. 143‑215.104N(a)(1)through (7) and that are otherwise consistent with the requirements of thisPart.

(2)        Repealed by SessionLaws 2007‑530, s. 5, effective August 31, 2007.

(c)        The Commission mayrefuse to enter into a dry‑cleaning solvent assessment agreement with anypetitioner if:

(1)        The petitioner willnot accept financial responsibility for the petitioner's share of the responsecosts required by G.S. 143‑215.104F.

(2)        Repealed by SessionLaws 2007‑530, s. 5, effective August 31, 2007.

(3)        The petitioner failsto provide any information required by subsection (a) of this section.

(d)        The refusal of theCommission to enter into a dry‑cleaning solvent assessment agreement withany petitioner shall not affect the rights of any other petitioner under thisPart, except that the refusal may be the basis for rejection of a petition byany parent, subsidiary or other affiliate of the petitioner for the facility orabandoned site.

(e)        If the Commissiondetermines from an assessment prepared pursuant to this Part that the degree ofrisk to public health or the environment resulting from dry‑cleaningsolvent contamination otherwise subject to assessment or remediation under thisPart and Article 9 of Chapter 130A is acceptable in light of the criteriaestablished pursuant to G.S. 143‑215.104D(b)(3) and Article 9 of Chapter130A, the Commission shall issue a written statement of its determination andnotify the owner or operator of the facility or abandoned site responsible forthe contamination that no cleanup, no further cleanup, or no further action isrequired in connection with the contamination.

(f)         If the Commissiondetermines that no remediation or further action is required in connection withdry‑cleaning solvent contamination otherwise subject to assessment orremediation pursuant to this Part and Article 9 of Chapter 130A, the Commissionshall not pay any costs otherwise payable under this Part from the Fund otherthan costs reasonable and necessary to conduct the risk assessment pursuant tothis section and in compliance with a dry‑cleaning solvent assessmentagreement. (1997‑392,s. 1; 2000‑19, s. 9; 2007‑530, s. 5.)