§ 143-215.104I. (Expires January 1, 2022 - see notes) Dry-Cleaning solvent remediation agreements. - North Carolina Statutes

§ 143‑215.104I. (Expires January 1, 2022 – see notes) Dry‑Cleaning solvent remediationagreements.

(a)        Upon the completionof assessment activities required by a dry‑cleaning solvent assessmentagreement, one or more potentially responsible parties may petition theCommission to enter into a dry‑cleaning solvent remediation agreement forany contamination requiring remediation. The Commission may, in its discretion,enter into a remediation agreement with any petitioner 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 remediation agreement with one or more ofthe petitioners. The Commission shall not unreasonably refuse to enter into aremediation agreement pursuant to this section. The Commission may, in itsdiscretion, enter into a remediation agreement that includes the assessmentdescribed in G.S. 143‑215.104H. Petitioners shall provide the Commissionwith any information necessary to demonstrate:

(1)        Repealed by SessionLaws 2000, c. 19, s. 10, effective June 26, 2000.

(2)        As a result of theremediation agreement, the contamination site will be suitable for the usesspecified in the remediation agreement while fully protecting public health andthe environment from dry‑cleaning solvent contamination and any othercontaminants included in the remediation agreement.

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

(4)        Repealed by SessionLaws 2007‑530, s. 6, effective August 31, 2007.

(5)        The petitioner hascomplied with or will comply with all applicable procedural requirements.

(6)        The remediationagreement will not cause the Department to violate the terms and conditionsunder which the Department operates and administers remedial programs,including the programs established or operated pursuant to Article 9 of Chapter130A of the General Statutes, by delegation or similar authorization from the UnitedStates or its departments or agencies, including the United StatesEnvironmental Protection Agency.

(7)        The priority rankingassigned to the facility or site is consistent with the rules adopted by theCommission or the priority ranking that the petitioner agrees to accept isconsistent with the rules adopted by the Commission.

(8)        Repealed by SessionLaws 2007‑530, s. 6, effective August 31, 2007.

(9)        The petitioner willcontinue to have available the financial resources necessary to satisfy the shareof response costs imposed on the petitioner by G.S. 143‑215.104F.

(10)      Repealed by SessionLaws 2007‑530, s. 6, effective August 31, 2007.

(11)      The consent of otherproperty owners to enter into their property for purposes of conductingremediation activities specified in the remediation agreement.

(b)        In negotiating aremediation agreement, parties may rely on land‑use restrictions thatwill be included in a Notice of Dry‑Cleaning Solvent Remediation requiredunder G.S. 143‑215.104M. A remediation agreement may provide forremediation in accordance with standards that are based on those land‑userestrictions.

(b1)      For contaminatedproperties that are located in the area of a contamination site, in lieu ofland‑use restrictions authorized by subsection (b) of this section,parties may rely on other State or local land‑use controls in negotiatinga remediation agreement. Any land‑use controls used shall adequatelyprotect human health and the environment, both currently and in the future,from exposure to dry‑cleaning solvent contamination. If controls are usedin lieu of land‑use restrictions, then a Notice of Dry‑CleaningSolvent Remediation shall be prepared in accordance with the provisions setforth in subdivisions (1) through (4) of G.S. 143‑215.104M(b) and filedin accordance with subsections (c) through (g) of G.S. 143‑215.104M. Inthe event that the owner of the property fails to submit and file the requiredNotice within the time specified, the Commission may prepare and file theNotice. This subsection shall not apply to properties on which a dry‑cleaningfacility is or was located which is the source of the contamination.

(c)        A dry‑cleaningsolvent remediation agreement shall contain a description of the contaminationsite that would be sufficient as a description of the property in an instrumentof conveyance and, as applicable, a statement of:

(1)        Any remediation,including remediation of contaminants other than dry‑cleaning solvents,to be 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.         Repealed by SessionLaws 2007‑530, s. 6, effective August 31, 2007.

d.         A schedule ofremediation activities.

e.         Applicableremediation standards. Applicable remediation standards for dry‑cleaningsolvent contamination shall not exceed the requirements adopted by theCommission pursuant to G.S. 143‑104D(b)(3).

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

(2)        Any land‑userestrictions and State and local land‑use controls that will apply to thecontamination site or other property.

(3)        The desired resultsof any remediation, land‑use restrictions, or State or local land‑usecontrols with respect to the contamination site.

(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.

(6)        The priority rankingof the facility or abandoned site.

(7)        Repealed by SessionLaws 2007‑530, s. 6, effective August 31, 2007.

(d)        The Commission mayrefuse to enter into a dry‑cleaning solvent assessment agreement or dry‑cleaningsolvent remediation agreement with any petitioner if the petitioner fails toprovide any information that is necessary to demonstrate the facts required tobe shown by subsection (a) of this section.

(e)        In addition to thebasis set forth in subsection (d) of this section, the Commission may refuse toenter into a dry‑cleaning solvent remediation agreement with an owner ofthe property on which a contamination site is located if the owner refuses toaccept limitations on the future use of the property and to give notice ofthese limitations pursuant to G.S. 143‑215.104M.

(f)         The refusal of theCommission to enter into a dry‑cleaning remediation agreement with anypetitioner shall not affect the rights of any other petitioner, other than anyparent, subsidiary, or other affiliate of the petitioner, under this Part. Therefusal of the Commission to enter into a remediation agreement may be thebasis for rejection of a petition by any parent, subsidiary, or other affiliateof the petitioner for the facility or abandoned site.

(g)        The terms andconditions of a dry‑cleaning solvent remediation agreement concerned withdry‑cleaning solvent contamination shall be guided by and consistent withthe rules adopted by the Commission pursuant to G.S. 143‑215.104D and thedisbursement authorities and limitations set out in this Part. A remediationagreement shall provide that the Commission's private contractor conductassessment and remediation activities at the facility or abandoned site.

(h)        Any failure of apetitioner or the petitioner's agents or employees to comply with the dry‑cleaningsolvent remediation agreement constitutes a violation of this Part by thepetitioner.  (1997‑392,s. 1; 2000‑19, ss. 10, 11, 13; 2007‑530, s. 6; 2009‑483, s.1.)