§130A‑310.8. Recordation of inactive hazardous substance or wastedisposal sites.
(a) After determinationby the Department of the existence and location of an inactive hazardoussubstance or waste disposal site, the owner of the real property on which thesite is located, within 180 days after official notice to the owner to do so,shall submit to the Department a survey plat of areas designated by theDepartment that has been prepared and certified by a professional landsurveyor, and entitled "NOTICE OF INACTIVE HAZARDOUS SUBSTANCE OR WASTEDISPOSAL SITE". Where an inactive hazardous substance or waste disposalsite is located on more than one parcel or tract of land, a composite map orplat showing all parcels or tracts may be recorded. The Notice shall include alegal description of the site that would be sufficient as a description in aninstrument of conveyance, shall meet the requirements of G.S. 47‑30 formaps and plats, and shall identify:
(1) The location anddimensions of the disposal areas and areas of potential environmental concernwith respect to permanently surveyed benchmarks.
(2) The type, location,and quantity of hazardous substances known by the owner of the site to exist onthe site.
(3) Any restrictionsapproved by the Department on the current or future use of the site.
(b) After theDepartment approves and certifies the Notice, the owner of the site shall filethe certified copy of the Notice in the register of deeds' office in the countyor counties in which the land is located within 15 days of the date on whichthe owner receives approval of the Notice from the Department.
(c) The register ofdeeds shall record the certified copy of the Notice and index it in the grantorindex under the names of the owners of the lands.
(d) In the event thatthe owner of the site fails to submit and file the Notice required by thissection within the time specified, the Secretary may prepare and file suchNotice. The costs thereof may be recovered by the Secretary from anyresponsible party. In the event that an owner of a site who is not aresponsible party submits and files the Notice required by this section, he mayrecover the reasonable costs thereof from any responsible party.
(e) When an inactivehazardous substance or waste disposal site is sold, leased, conveyed, ortransferred, the deed or other instrument of transfer shall contain in thedescription section, in no smaller type than that used in the body of the deedor instrument, a statement that the property has been used as a hazardous substanceor waste disposal site and a reference by book and page to the recordation ofthe Notice.
(f) A Notice ofInactive Hazardous Substance or Waste Disposal Site filed pursuant to thissection may, at the request of the owner of the land, be cancelled by theSecretary after the hazards have been eliminated. If requested in writing bythe owner of the land and if the Secretary concurs with the request, theSecretary shall send to the register of deeds of each county where the Noticeis recorded a statement that the hazards have been eliminated and request thatthe Notice be cancelled of record. The Secretary's statement shall contain thenames of the owners of the land as shown in the Notice and reference the platbook and page where the Notice is recorded. The register of deeds shall recordthe Secretary's statement in the deed books and index it on the grantor indexin the names of the owners of the land as shown in the Notice and on thegrantee index in the name "Secretary of Environment and Natural Resources".The register of deeds shall make a marginal entry on the Notice showing thedate of cancellation and the book and page where the Secretary's statement isrecorded, and the register of deeds shall sign the entry. If a marginal entryis impracticable because of the method used to record maps and plats, theregister of deeds shall not be required to make a marginal entry.
(g) Recordation underthis section is not required for any inactive hazardous substance or wastedisposal site that is undergoing voluntary remedial action pursuant to thisPart unless the Secretary determines that either:
(1) A concentration of ahazardous substance or hazardous waste that poses a danger to public health orthe environment will remain following implementation of the voluntary remedialaction program.
(2) The voluntaryremedial action program is not being implemented in a manner satisfactory tothe Secretary and in compliance with the agreement between the Secretary andthe owner, operator, or other responsible party.
(h) The Secretary maywaive recordation under this section with respect to any residential realproperty that is contaminated solely because a hazardous substance or hazardouswaste migrated to the property from other property by means of groundwater flowif disclosure of the contamination is required under Chapter 47E of the GeneralStatutes. An owner of residential real property whose recordation requirementis waived by the Secretary under this subsection and who fails to disclosecontamination as required by Chapter 47E of the General Statutes is subject toboth the penalties and remedies under this Chapter applicable to a person whofails to comply with the recordation requirements of this section as thoughthose requirements had not been waived and to the remedies available underChapter 47E of the General Statutes. (1987, c. 574, s. 2; 1989, c.727, s. 219(34); 1989 (Reg. Sess., 1990), c. 1004, s. 19(b); 1997‑394, s.2; 1997‑443, ss. 11A.119(a), 11A.119(b); 1997‑528, s. 1.)
§130A‑310.8. Recordation of inactive hazardous substance or wastedisposal sites.
(a) After determinationby the Department of the existence and location of an inactive hazardoussubstance or waste disposal site, the owner of the real property on which thesite is located, within 180 days after official notice to the owner to do so,shall submit to the Department a survey plat of areas designated by theDepartment that has been prepared and certified by a professional landsurveyor, and entitled "NOTICE OF INACTIVE HAZARDOUS SUBSTANCE OR WASTEDISPOSAL SITE". Where an inactive hazardous substance or waste disposalsite is located on more than one parcel or tract of land, a composite map orplat showing all parcels or tracts may be recorded. The Notice shall include alegal description of the site that would be sufficient as a description in aninstrument of conveyance, shall meet the requirements of G.S. 47‑30 formaps and plats, and shall identify:
(1) The location anddimensions of the disposal areas and areas of potential environmental concernwith respect to permanently surveyed benchmarks.
(2) The type, location,and quantity of hazardous substances known by the owner of the site to exist onthe site.
(3) Any restrictionsapproved by the Department on the current or future use of the site.
(b) After theDepartment approves and certifies the Notice, the owner of the site shall filethe certified copy of the Notice in the register of deeds' office in the countyor counties in which the land is located within 15 days of the date on whichthe owner receives approval of the Notice from the Department.
(c) The register ofdeeds shall record the certified copy of the Notice and index it in the grantorindex under the names of the owners of the lands.
(d) In the event thatthe owner of the site fails to submit and file the Notice required by thissection within the time specified, the Secretary may prepare and file suchNotice. The costs thereof may be recovered by the Secretary from anyresponsible party. In the event that an owner of a site who is not aresponsible party submits and files the Notice required by this section, he mayrecover the reasonable costs thereof from any responsible party.
(e) When an inactivehazardous substance or waste disposal site is sold, leased, conveyed, ortransferred, the deed or other instrument of transfer shall contain in thedescription section, in no smaller type than that used in the body of the deedor instrument, a statement that the property has been used as a hazardous substanceor waste disposal site and a reference by book and page to the recordation ofthe Notice.
(f) A Notice ofInactive Hazardous Substance or Waste Disposal Site filed pursuant to thissection may, at the request of the owner of the land, be cancelled by theSecretary after the hazards have been eliminated. If requested in writing bythe owner of the land and if the Secretary concurs with the request, theSecretary shall send to the register of deeds of each county where the Noticeis recorded a statement that the hazards have been eliminated and request thatthe Notice be cancelled of record. The Secretary's statement shall contain thenames of the owners of the land as shown in the Notice and reference the platbook and page where the Notice is recorded. The register of deeds shall recordthe Secretary's statement in the deed books and index it on the grantor indexin the names of the owners of the land as shown in the Notice and on thegrantee index in the name "Secretary of Environment and Natural Resources".The register of deeds shall make a marginal entry on the Notice showing thedate of cancellation and the book and page where the Secretary's statement isrecorded, and the register of deeds shall sign the entry. If a marginal entryis impracticable because of the method used to record maps and plats, theregister of deeds shall not be required to make a marginal entry.
(g) Recordation underthis section is not required for any inactive hazardous substance or wastedisposal site that is undergoing voluntary remedial action pursuant to thisPart unless the Secretary determines that either:
(1) A concentration of ahazardous substance or hazardous waste that poses a danger to public health orthe environment will remain following implementation of the voluntary remedialaction program.
(2) The voluntaryremedial action program is not being implemented in a manner satisfactory tothe Secretary and in compliance with the agreement between the Secretary andthe owner, operator, or other responsible party.
(h) The Secretary maywaive recordation under this section with respect to any residential realproperty that is contaminated solely because a hazardous substance or hazardouswaste migrated to the property from other property by means of groundwater flowif disclosure of the contamination is required under Chapter 47E of the GeneralStatutes. An owner of residential real property whose recordation requirementis waived by the Secretary under this subsection and who fails to disclosecontamination as required by Chapter 47E of the General Statutes is subject toboth the penalties and remedies under this Chapter applicable to a person whofails to comply with the recordation requirements of this section as thoughthose requirements had not been waived and to the remedies available underChapter 47E of the General Statutes. (1987, c. 574, s. 2; 1989, c.727, s. 219(34); 1989 (Reg. Sess., 1990), c. 1004, s. 19(b); 1997‑394, s.2; 1997‑443, ss. 11A.119(a), 11A.119(b); 1997‑528, s. 1.)
§130A‑310.8. Recordation of inactive hazardous substance or wastedisposal sites.
(a) After determinationby the Department of the existence and location of an inactive hazardoussubstance or waste disposal site, the owner of the real property on which thesite is located, within 180 days after official notice to the owner to do so,shall submit to the Department a survey plat of areas designated by theDepartment that has been prepared and certified by a professional landsurveyor, and entitled "NOTICE OF INACTIVE HAZARDOUS SUBSTANCE OR WASTEDISPOSAL SITE". Where an inactive hazardous substance or waste disposalsite is located on more than one parcel or tract of land, a composite map orplat showing all parcels or tracts may be recorded. The Notice shall include alegal description of the site that would be sufficient as a description in aninstrument of conveyance, shall meet the requirements of G.S. 47‑30 formaps and plats, and shall identify:
(1) The location anddimensions of the disposal areas and areas of potential environmental concernwith respect to permanently surveyed benchmarks.
(2) The type, location,and quantity of hazardous substances known by the owner of the site to exist onthe site.
(3) Any restrictionsapproved by the Department on the current or future use of the site.
(b) After theDepartment approves and certifies the Notice, the owner of the site shall filethe certified copy of the Notice in the register of deeds' office in the countyor counties in which the land is located within 15 days of the date on whichthe owner receives approval of the Notice from the Department.
(c) The register ofdeeds shall record the certified copy of the Notice and index it in the grantorindex under the names of the owners of the lands.
(d) In the event thatthe owner of the site fails to submit and file the Notice required by thissection within the time specified, the Secretary may prepare and file suchNotice. The costs thereof may be recovered by the Secretary from anyresponsible party. In the event that an owner of a site who is not aresponsible party submits and files the Notice required by this section, he mayrecover the reasonable costs thereof from any responsible party.
(e) When an inactivehazardous substance or waste disposal site is sold, leased, conveyed, ortransferred, the deed or other instrument of transfer shall contain in thedescription section, in no smaller type than that used in the body of the deedor instrument, a statement that the property has been used as a hazardous substanceor waste disposal site and a reference by book and page to the recordation ofthe Notice.
(f) A Notice ofInactive Hazardous Substance or Waste Disposal Site filed pursuant to thissection may, at the request of the owner of the land, be cancelled by theSecretary after the hazards have been eliminated. If requested in writing bythe owner of the land and if the Secretary concurs with the request, theSecretary shall send to the register of deeds of each county where the Noticeis recorded a statement that the hazards have been eliminated and request thatthe Notice be cancelled of record. The Secretary's statement shall contain thenames of the owners of the land as shown in the Notice and reference the platbook and page where the Notice is recorded. The register of deeds shall recordthe Secretary's statement in the deed books and index it on the grantor indexin the names of the owners of the land as shown in the Notice and on thegrantee index in the name "Secretary of Environment and Natural Resources".The register of deeds shall make a marginal entry on the Notice showing thedate of cancellation and the book and page where the Secretary's statement isrecorded, and the register of deeds shall sign the entry. If a marginal entryis impracticable because of the method used to record maps and plats, theregister of deeds shall not be required to make a marginal entry.
(g) Recordation underthis section is not required for any inactive hazardous substance or wastedisposal site that is undergoing voluntary remedial action pursuant to thisPart unless the Secretary determines that either:
(1) A concentration of ahazardous substance or hazardous waste that poses a danger to public health orthe environment will remain following implementation of the voluntary remedialaction program.
(2) The voluntaryremedial action program is not being implemented in a manner satisfactory tothe Secretary and in compliance with the agreement between the Secretary andthe owner, operator, or other responsible party.
(h) The Secretary maywaive recordation under this section with respect to any residential realproperty that is contaminated solely because a hazardous substance or hazardouswaste migrated to the property from other property by means of groundwater flowif disclosure of the contamination is required under Chapter 47E of the GeneralStatutes. An owner of residential real property whose recordation requirementis waived by the Secretary under this subsection and who fails to disclosecontamination as required by Chapter 47E of the General Statutes is subject toboth the penalties and remedies under this Chapter applicable to a person whofails to comply with the recordation requirements of this section as thoughthose requirements had not been waived and to the remedies available underChapter 47E of the General Statutes. (1987, c. 574, s. 2; 1989, c.727, s. 219(34); 1989 (Reg. Sess., 1990), c. 1004, s. 19(b); 1997‑394, s.2; 1997‑443, ss. 11A.119(a), 11A.119(b); 1997‑528, s. 1.)
