§ 143B-279.10. Recordation of contaminated sites. - North Carolina Statutes

§ 143B‑279.10.  Recordation of contaminatedsites.

(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. 143B‑279.9(a) 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 CONTAMINATED SITE". Where a contaminated site is locatedon more than one parcel or tract of land, a composite map or plat showing allparcels or tracts may be recorded. The Notice shall include a legal descriptionof the site that would be sufficient as a description in an instrument ofconveyance, shall meet the requirements of G.S. 47‑30 for maps and plats,and shall identify:

(1)        The location and dimensions of any disposal areas and areasof potential environmental concern with respect to permanently surveyed benchmarks.

(2)        The type, location, and quantity of contamination known tothe owner of the site to exist on the site.

(3)        Any restriction approved by the Department on the current orfuture use of the site.

(b)        The Department shall review the proposed Notice to determinewhether the Notice meets the requirements of this section and rules adopted toimplement this section, and shall provide the owner of the site with anotarized copy of the approved Notice. After the Department approves theNotice, the owner of the site shall file a notarized copy of the approvedNotice in the register of deeds office in the county or counties in which theland is located within 15 days of the date on which the owner receives approvalof the Notice from the Department.

(c)        The register of deeds shall record the notarized copy of theapproved Notice and index it in the grantor index under the names of the ownersof the land.

(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, the owner may recover the reasonable costs thereof from anyresponsible party.

(e)        When a contaminated site that is subject to current orfuture land‑use restrictions is sold, leased, conveyed, or transferred,the deed or other instrument of transfer shall contain in the descriptionsection, in no smaller type than that used in the body of the deed orinstrument, a statement that the property is a contaminated site and areference by book and page to the recordation of the Notice.

(f)         A Notice of Contaminated Site filed pursuant to thissection shall, at the request of the owner of the land, be cancelled by theSecretary after the contamination has been eliminated or remediated tounrestricted use standards. If requested in writing by the owner of the landand if the Secretary concurs with the request, the Secretary shall send to theregister of deeds of each county where the Notice is recorded a statement thatthe contamination has been eliminated, or that the contamination has been remediatedto unrestricted use standards, and request that the Notice be cancelled ofrecord. The Secretary's statement shall contain the names of the owners of theland as shown in the Notice and reference the plat book and page where theNotice is recorded. The register of deeds shall record the Secretary'sstatement in the deed books and index it on the grantor index in the names ofthe owners of the land as shown in the Notice and on the grantee index in thename "Secretary of Environment and Natural Resources". The registerof deeds shall make a marginal entry on the Notice showing the date ofcancellation and the book and page where the Secretary's statement is recorded,and the register of deeds shall sign the entry. If a marginal entry isimpracticable because of the method used to record maps and plats, the registerof deeds shall not be required to make a marginal entry.

(g)        This section does not apply to the cleanup pursuant to aremedial action plan that addresses environmental damage resulting from a dischargeor release of petroleum from an underground storage tank pursuant to Part 2A ofArticle 21A of Chapter 143 of the General Statutes.

(h)        The definitions set out in G.S. 143B‑279.9 apply tothis section. (1999‑198, s. 1;2000‑51, s. 2; 2001‑384, s. 2; 2002‑90, s. 2.)