§ 143‑215.104F. (Repealed effective January 1, 2012 See notes) Requirements forcertification, assessment agreements, and remediation agreements.
(a) GeneralRequirements. Any person petitioning for certification of a facility or anabandoned site pursuant to G.S. 143‑215.104G, for a dry‑cleaningsolvent assessment agreement pursuant to G.S. 143‑215.104H, or for a dry‑cleaningsolvent remediation agreement pursuant to G.S. 143‑215.104I, shall meetthe requirements set out in this section and any other applicable requirementsof this Part.
(a1) Application Fees. Eachperson petitioning or co‑petitioning for certification of a facility oran abandoned site pursuant to G.S. 143‑215.104G shall pay an applicationfee of one thousand dollars ($1,000) to the Commission.
(b) Requirements forPotentially Responsible Persons Generally. Every petitioner shall provide theCommission with:
(1) Any information thatthe petitioner possesses relating to the contamination at the facility orabandoned site described in the petition.
(2) Informationnecessary to demonstrate the person's ability to incur the response costsspecified in subsection (f) of this section.
(3) Repealed by SessionLaws 2000, c. 19, s. 3, effective on and after April 1, 1998.
(4) Information necessaryto demonstrate that the petitioner, and any parent, subsidiary, or otheraffiliate of the petitioner, has substantially complied with:
a. The terms of any dry‑cleaningsolvent assessment agreement, dry‑cleaning solvent remediation agreement,brownfields agreement, or other similar agreement to which the petitioner orany parent, subsidiary, or other affiliate of the petitioner has been a party.
b. The requirementsapplicable to any remediation in which the petitioner has previously engaged.
c. Federal and Statelaws, regulations, and rules for the protection of the environment.
(5) Evidencedemonstrating that a release of dry‑cleaning solvent has occurred at thefacility or abandoned site and that the release has resulted in dry‑cleaningsolvent contamination.
(c) Requirement forProperty Owners. In addition to the information required by subsection (b) ofthis section, a petitioner who is the owner of the property on which the dry‑cleaningsolvent contamination identified in the petition is located shall provide theCommission a written agreement authorizing the Commission, its agent, and itsprivate contractor to have access to the property for purposes of conductingassessment or remediation activities or determining whether assessment orremediation activities are being conducted in compliance with this Part and anyassessment agreement or remediation agreement.
(c1) Costs incurred bythe petitioner for activities to obtain certification of a facility orabandoned site shall not be reimbursable from the Fund.
(d) The Commission mayreject any petition made pursuant to this Part in any of the followingcircumstances:
(1) The petitioner is anowner or operator of the facility described in the petition and the facilitywas not being operated in compliance with minimum management practices adoptedby the Commission pursuant to G.S. 143‑215.104D(b)(2) at the time thecontamination was discovered.
(2) The petitioner is anowner or operator of the facility described in the petition and the petitionerowed delinquent taxes under Article 5D of Chapter 105 of the General Statutesat the time the dry‑cleaning solvent contamination was discovered.
(3) Repealed by SessionLaws 2000, c. 19, s. 3, effective on and after April 1, 1998.
(4) The petitioner failsto provide the information required by subsection (b) of this section.
(5) The petitionerfalsified any information in its petition that was material to thedetermination of the priority ranking, the nature, scope and extent ofcontamination to be assessed or remediated, or the appropriate means to containand remediate the contaminants.
(e) Repealed by SessionLaws 2007‑530, s. 4, effective August 31, 2007.
(f) FinancialResponsibility Requirements. Each potentially responsible person whopetitions the Commission to certify a facility or abandoned site shall acceptwritten responsibility in the amount specified in this section for theassessment or remediation of the dry‑cleaning solvent contaminationidentified in the petition. If two or more potentially responsible personspetition the Commission jointly, the requirements below shall be the aggregaterequirements for the financial responsibility of all potentially responsiblepersons who are party to the petition. Unless an alternative arrangement isagreed to by co‑petitioners, the financial responsibility requirements ofthis section shall be apportioned equally among the co‑petitioners. Thefinancial responsibility required shall be as follows:
(1) For dry‑cleaningfacilities owned by persons who employ fewer than five full‑timeemployees, or the equivalent, in activities related to dry‑cleaningoperations during the calendar year preceding the date of the petition, onepercent (1%) of the costs of assessment or remediation not exceeding onemillion dollars ($1,000,000).
(2) For abandoned dry‑cleaningfacility sites and for dry‑cleaning facilities owned by persons whoemploy at least five but fewer than 10 full‑time employees, or theequivalent, in activities related to dry‑cleaning operations during thecalendar year preceding the date of the petition, one and one‑halfpercent (1.5%) of the costs of assessment or remediation not exceeding onemillion dollars ($1,000,000).
(3) For wholesaledistribution facilities and for dry‑cleaning facilities owned by personswho employ 10 or more full‑time employees, or the equivalent, inactivities related to dry‑cleaning operations during the calendar yearpreceding the date of the petition, two percent (2%) of the costs of assessmentor remediation not exceeding one million dollars ($1,000,000).
(4) Repealed by SessionLaws 2007‑530, s. 4, effective retroactively to August 1, 2001, andapplicable to assessment agreements and remediation agreements entered into onor after that date.
(g) Repealed by SessionLaws 2000, c. 19, s. 3, effective on and after April 1, 1998. (1997‑392, s. 1; 2000‑19,ss. 3, 4, 7; 2007‑530, s. 4.)
§ 143‑215.104F. (Repealed effective January 1, 2012 See notes) Requirements forcertification, assessment agreements, and remediation agreements.
(a) GeneralRequirements. Any person petitioning for certification of a facility or anabandoned site pursuant to G.S. 143‑215.104G, for a dry‑cleaningsolvent assessment agreement pursuant to G.S. 143‑215.104H, or for a dry‑cleaningsolvent remediation agreement pursuant to G.S. 143‑215.104I, shall meetthe requirements set out in this section and any other applicable requirementsof this Part.
(a1) Application Fees. Eachperson petitioning or co‑petitioning for certification of a facility oran abandoned site pursuant to G.S. 143‑215.104G shall pay an applicationfee of one thousand dollars ($1,000) to the Commission.
(b) Requirements forPotentially Responsible Persons Generally. Every petitioner shall provide theCommission with:
(1) Any information thatthe petitioner possesses relating to the contamination at the facility orabandoned site described in the petition.
(2) Informationnecessary to demonstrate the person's ability to incur the response costsspecified in subsection (f) of this section.
(3) Repealed by SessionLaws 2000, c. 19, s. 3, effective on and after April 1, 1998.
(4) Information necessaryto demonstrate that the petitioner, and any parent, subsidiary, or otheraffiliate of the petitioner, has substantially complied with:
a. The terms of any dry‑cleaningsolvent assessment agreement, dry‑cleaning solvent remediation agreement,brownfields agreement, or other similar agreement to which the petitioner orany parent, subsidiary, or other affiliate of the petitioner has been a party.
b. The requirementsapplicable to any remediation in which the petitioner has previously engaged.
c. Federal and Statelaws, regulations, and rules for the protection of the environment.
(5) Evidencedemonstrating that a release of dry‑cleaning solvent has occurred at thefacility or abandoned site and that the release has resulted in dry‑cleaningsolvent contamination.
(c) Requirement forProperty Owners. In addition to the information required by subsection (b) ofthis section, a petitioner who is the owner of the property on which the dry‑cleaningsolvent contamination identified in the petition is located shall provide theCommission a written agreement authorizing the Commission, its agent, and itsprivate contractor to have access to the property for purposes of conductingassessment or remediation activities or determining whether assessment orremediation activities are being conducted in compliance with this Part and anyassessment agreement or remediation agreement.
(c1) Costs incurred bythe petitioner for activities to obtain certification of a facility orabandoned site shall not be reimbursable from the Fund.
(d) The Commission mayreject any petition made pursuant to this Part in any of the followingcircumstances:
(1) The petitioner is anowner or operator of the facility described in the petition and the facilitywas not being operated in compliance with minimum management practices adoptedby the Commission pursuant to G.S. 143‑215.104D(b)(2) at the time thecontamination was discovered.
(2) The petitioner is anowner or operator of the facility described in the petition and the petitionerowed delinquent taxes under Article 5D of Chapter 105 of the General Statutesat the time the dry‑cleaning solvent contamination was discovered.
(3) Repealed by SessionLaws 2000, c. 19, s. 3, effective on and after April 1, 1998.
(4) The petitioner failsto provide the information required by subsection (b) of this section.
(5) The petitionerfalsified any information in its petition that was material to thedetermination of the priority ranking, the nature, scope and extent ofcontamination to be assessed or remediated, or the appropriate means to containand remediate the contaminants.
(e) Repealed by SessionLaws 2007‑530, s. 4, effective August 31, 2007.
(f) FinancialResponsibility Requirements. Each potentially responsible person whopetitions the Commission to certify a facility or abandoned site shall acceptwritten responsibility in the amount specified in this section for theassessment or remediation of the dry‑cleaning solvent contaminationidentified in the petition. If two or more potentially responsible personspetition the Commission jointly, the requirements below shall be the aggregaterequirements for the financial responsibility of all potentially responsiblepersons who are party to the petition. Unless an alternative arrangement isagreed to by co‑petitioners, the financial responsibility requirements ofthis section shall be apportioned equally among the co‑petitioners. Thefinancial responsibility required shall be as follows:
(1) For dry‑cleaningfacilities owned by persons who employ fewer than five full‑timeemployees, or the equivalent, in activities related to dry‑cleaningoperations during the calendar year preceding the date of the petition, onepercent (1%) of the costs of assessment or remediation not exceeding onemillion dollars ($1,000,000).
(2) For abandoned dry‑cleaningfacility sites and for dry‑cleaning facilities owned by persons whoemploy at least five but fewer than 10 full‑time employees, or theequivalent, in activities related to dry‑cleaning operations during thecalendar year preceding the date of the petition, one and one‑halfpercent (1.5%) of the costs of assessment or remediation not exceeding onemillion dollars ($1,000,000).
(3) For wholesaledistribution facilities and for dry‑cleaning facilities owned by personswho employ 10 or more full‑time employees, or the equivalent, inactivities related to dry‑cleaning operations during the calendar yearpreceding the date of the petition, two percent (2%) of the costs of assessmentor remediation not exceeding one million dollars ($1,000,000).
(4) Repealed by SessionLaws 2007‑530, s. 4, effective retroactively to August 1, 2001, andapplicable to assessment agreements and remediation agreements entered into onor after that date.
(g) Repealed by SessionLaws 2000, c. 19, s. 3, effective on and after April 1, 1998. (1997‑392, s. 1; 2000‑19,ss. 3, 4, 7; 2007‑530, s. 4.)
§ 143‑215.104F. (Repealed effective January 1, 2012 See notes) Requirements forcertification, assessment agreements, and remediation agreements.
(a) GeneralRequirements. Any person petitioning for certification of a facility or anabandoned site pursuant to G.S. 143‑215.104G, for a dry‑cleaningsolvent assessment agreement pursuant to G.S. 143‑215.104H, or for a dry‑cleaningsolvent remediation agreement pursuant to G.S. 143‑215.104I, shall meetthe requirements set out in this section and any other applicable requirementsof this Part.
(a1) Application Fees. Eachperson petitioning or co‑petitioning for certification of a facility oran abandoned site pursuant to G.S. 143‑215.104G shall pay an applicationfee of one thousand dollars ($1,000) to the Commission.
(b) Requirements forPotentially Responsible Persons Generally. Every petitioner shall provide theCommission with:
(1) Any information thatthe petitioner possesses relating to the contamination at the facility orabandoned site described in the petition.
(2) Informationnecessary to demonstrate the person's ability to incur the response costsspecified in subsection (f) of this section.
(3) Repealed by SessionLaws 2000, c. 19, s. 3, effective on and after April 1, 1998.
(4) Information necessaryto demonstrate that the petitioner, and any parent, subsidiary, or otheraffiliate of the petitioner, has substantially complied with:
a. The terms of any dry‑cleaningsolvent assessment agreement, dry‑cleaning solvent remediation agreement,brownfields agreement, or other similar agreement to which the petitioner orany parent, subsidiary, or other affiliate of the petitioner has been a party.
b. The requirementsapplicable to any remediation in which the petitioner has previously engaged.
c. Federal and Statelaws, regulations, and rules for the protection of the environment.
(5) Evidencedemonstrating that a release of dry‑cleaning solvent has occurred at thefacility or abandoned site and that the release has resulted in dry‑cleaningsolvent contamination.
(c) Requirement forProperty Owners. In addition to the information required by subsection (b) ofthis section, a petitioner who is the owner of the property on which the dry‑cleaningsolvent contamination identified in the petition is located shall provide theCommission a written agreement authorizing the Commission, its agent, and itsprivate contractor to have access to the property for purposes of conductingassessment or remediation activities or determining whether assessment orremediation activities are being conducted in compliance with this Part and anyassessment agreement or remediation agreement.
(c1) Costs incurred bythe petitioner for activities to obtain certification of a facility orabandoned site shall not be reimbursable from the Fund.
(d) The Commission mayreject any petition made pursuant to this Part in any of the followingcircumstances:
(1) The petitioner is anowner or operator of the facility described in the petition and the facilitywas not being operated in compliance with minimum management practices adoptedby the Commission pursuant to G.S. 143‑215.104D(b)(2) at the time thecontamination was discovered.
(2) The petitioner is anowner or operator of the facility described in the petition and the petitionerowed delinquent taxes under Article 5D of Chapter 105 of the General Statutesat the time the dry‑cleaning solvent contamination was discovered.
(3) Repealed by SessionLaws 2000, c. 19, s. 3, effective on and after April 1, 1998.
(4) The petitioner failsto provide the information required by subsection (b) of this section.
(5) The petitionerfalsified any information in its petition that was material to thedetermination of the priority ranking, the nature, scope and extent ofcontamination to be assessed or remediated, or the appropriate means to containand remediate the contaminants.
(e) Repealed by SessionLaws 2007‑530, s. 4, effective August 31, 2007.
(f) FinancialResponsibility Requirements. Each potentially responsible person whopetitions the Commission to certify a facility or abandoned site shall acceptwritten responsibility in the amount specified in this section for theassessment or remediation of the dry‑cleaning solvent contaminationidentified in the petition. If two or more potentially responsible personspetition the Commission jointly, the requirements below shall be the aggregaterequirements for the financial responsibility of all potentially responsiblepersons who are party to the petition. Unless an alternative arrangement isagreed to by co‑petitioners, the financial responsibility requirements ofthis section shall be apportioned equally among the co‑petitioners. Thefinancial responsibility required shall be as follows:
(1) For dry‑cleaningfacilities owned by persons who employ fewer than five full‑timeemployees, or the equivalent, in activities related to dry‑cleaningoperations during the calendar year preceding the date of the petition, onepercent (1%) of the costs of assessment or remediation not exceeding onemillion dollars ($1,000,000).
(2) For abandoned dry‑cleaningfacility sites and for dry‑cleaning facilities owned by persons whoemploy at least five but fewer than 10 full‑time employees, or theequivalent, in activities related to dry‑cleaning operations during thecalendar year preceding the date of the petition, one and one‑halfpercent (1.5%) of the costs of assessment or remediation not exceeding onemillion dollars ($1,000,000).
(3) For wholesaledistribution facilities and for dry‑cleaning facilities owned by personswho employ 10 or more full‑time employees, or the equivalent, inactivities related to dry‑cleaning operations during the calendar yearpreceding the date of the petition, two percent (2%) of the costs of assessmentor remediation not exceeding one million dollars ($1,000,000).
(4) Repealed by SessionLaws 2007‑530, s. 4, effective retroactively to August 1, 2001, andapplicable to assessment agreements and remediation agreements entered into onor after that date.
(g) Repealed by SessionLaws 2000, c. 19, s. 3, effective on and after April 1, 1998. (1997‑392, s. 1; 2000‑19,ss. 3, 4, 7; 2007‑530, s. 4.)
