§ 143-215.85A. Recordation of oil or hazardous substance discharge sites. - North Carolina Statutes

§ 143‑215.85A. Recordation of oil or hazardous substance discharge sites.

(a)        The owner of the real property on which a site is locatedthat is subject to current or future use restrictions approved as provided inG.S. 143‑215.84(f) shall submit to the Department a survey plat asrequired by this section within 180 days after the owner is notified to do so.The survey plat shall identify areas designated by the Department, shall beprepared and certified by a professional land surveyor, and shall be entitled"NOTICE OF OIL OR HAZARDOUS SUBSTANCE DISCHARGE SITE". Where an oilor hazardous substance discharge site is located on more than one parcel ortract of land, a composite map or plat showing all parcels or tracts may berecorded. The Notice shall include a legal description of the site that wouldbe sufficient as a description in an instrument of conveyance, shall meet therequirements of G.S. 47‑30 for maps and plats, and shall identify:

(1)        The location and dimensions of the disposal areas and areasof potential environmental concern with respect to permanently surveyedbenchmarks.

(2)        The type, location, and quantity of oil or hazardoussubstances known to the owner of the site to exist on the site.

(3)        Any restrictions approved by the Department on the currentor future use of the site.

(b)        After the Department approves and certifies the Notice, theowner of the site shall file the certified copy of the Notice in the registerof deeds office in the county or counties in which the land is located within15 days of the date on which the owner receives approval of the Notice from theDepartment.

(c)        The register of deeds shall record the certified copy of theNotice and index it in the grantor index under the names of the owners of thelands.

(d)        In the event that the owner of the site fails to submit andfile the Notice required by this section within the time specified, theSecretary may prepare and file the Notice. The costs thereof may be recoveredby the Secretary from any responsible party. In the event that an owner of asite who is not a responsible party submits and files the Notice required bythis section, he may recover the reasonable costs thereof from any responsibleparty.

(e)        When an oil or hazardous substance discharge site that issubject to current or future land‑use restrictions under this section issold, leased, conveyed, or transferred, the deed or other instrument oftransfer shall contain in the description section, in no smaller type than thatused in the body of the deed or instrument, a statement that the property hasbeen used as an oil or hazardous substance discharge site and a reference bybook and page to the recordation of the Notice.

(f)         A Notice of Oil or Hazardous Substance Discharge Site filedpursuant to this section may, at the request of the owner of the land, becancelled by the Secretary after the hazards have been eliminated. If requestedin writing by the owner of the land and if the Secretary concurs with therequest, the Secretary shall send to the register of deeds of each county wherethe Notice is recorded a statement that the hazards have been eliminated andrequest that the Notice be cancelled of record. The Secretary's statement shallcontain the names of the owners of the land as shown in the Notice and referencethe plat book and page where the Notice is recorded. The register of deedsshall record the Secretary's statement in the deed books and index it on thegrantor index in the names of the owners of the land as shown in the Notice andon the grantee index in the name "Secretary of Environment and NaturalResources". The register of deeds shall make a marginal entry on theNotice showing the date of cancellation and the book and page where theSecretary's statement is recorded, and the register of deeds shall sign theentry. If a marginal entry is impracticable because of the method used torecord maps and plats, the register of deeds shall not be required to make amarginal entry. (1997‑394, s.5; 1997‑443, s. 11A.119(b); 1997‑456, s. 55.6(a), (b).)