§ 143‑215.104J. (Repealed effective January 1, 2012 See notes) Decertification; terminationof assessment agreements and remediation agreements.
(a) The Commission maydecertify a facility or abandoned site or renegotiate or terminate anassessment agreement or remediation agreement with respect to any party theretoin the following circumstances:
(1) The owner oroperator of the facility, at any time subsequent to the certification of thefacility, violates any of the minimum management requirements adopted by theCommission pursuant to G.S. 143‑215.104D(b)(2).
(2) In the case of dry‑cleaningcontamination on property that is owned by a petitioner, the petitioner failsto file a Notice of Dry‑Cleaning Solvent Remediation, if required, asprovided in G.S. 143‑215.104M.
(3) The potentiallyresponsible persons who are parties to a dry‑cleaning solvent assessmentagreement are unable to reach an agreement with the Commission to enter into adry‑cleaning solvent remediation agreement within the time specified inthe assessment agreement.
(4) The payment of taxesassessed to the facility under Article 5D of Chapter 105 of the GeneralStatutes is delinquent.
(5) Repealed by SessionLaws 2000, ch. 19, s. 3, effective on or after April 1, 1998.
(6) The owner or operatorfails to comply with all applicable requirements of this Part or fails tocomply with all applicable requirements of an assessment agreement orremediation agreement.
(7) The owner oroperator of a facility for which an assessment or remediation activity isscheduled or in progress transfers the ownership or operation of the facilityor abandoned site to another person without the prior consent of the Commissionand the execution of a substitute assessment agreement or remediationagreement.
(8) The standardsapplied to the dry‑cleaning solvent contamination remediation orcontainment under the provisions of this Part and the dry‑cleaningsolvent remediation agreement will, or are likely to, cause the Department tofail to comply with the terms and conditions under which it operates andadministers a remediation program by delegation or similar authorization fromthe United States or one of its departments or agencies, including theEnvironmental Protection Agency.
(9) A petitioner failsto pay the Commission any amounts for which a petitioner is responsiblepursuant to G.S. 143‑215.104F.
(b) Prior todecertifying any facility or abandoned site or renegotiating or terminating anyassessment agreement or remediation agreement, the Commission shall give thepetitioners notice and opportunity for hearing. The Commission is not requiredto give the petitioners notice and opportunity for hearing when the Commissionreasonably takes an emergency action to abate an imminent hazard caused by orarising from assessment or remediation activities at a contamination sitewhether the Commission issues a special order pursuant to G.S. 143‑215.2or takes other action.
(c) Decertification ofany facility or abandoned site or renegotiation or termination of anyassessment agreement or remediation agreement pursuant to this section shallnot affect the rights of any petitioner, other than a petitioner whoseviolation of the provisions of subsection (a) of this section was the basis forthe decertification, renegotiation, or termination and any parent, subsidiary,or other affiliate of that petitioner. If the Commission decertifies a facilityor abandoned site or terminates an assessment agreement or remediationagreement with any party to the agreement pursuant to subsection (a) of thissection, the Commission shall use its best efforts to negotiate a substituteagreement with any remaining parties to the agreement. (1997‑392, s. 1; 2000‑19,s. 3; 2007‑530, s. 7.)
§ 143‑215.104J. (Repealed effective January 1, 2012 See notes) Decertification; terminationof assessment agreements and remediation agreements.
(a) The Commission maydecertify a facility or abandoned site or renegotiate or terminate anassessment agreement or remediation agreement with respect to any party theretoin the following circumstances:
(1) The owner oroperator of the facility, at any time subsequent to the certification of thefacility, violates any of the minimum management requirements adopted by theCommission pursuant to G.S. 143‑215.104D(b)(2).
(2) In the case of dry‑cleaningcontamination on property that is owned by a petitioner, the petitioner failsto file a Notice of Dry‑Cleaning Solvent Remediation, if required, asprovided in G.S. 143‑215.104M.
(3) The potentiallyresponsible persons who are parties to a dry‑cleaning solvent assessmentagreement are unable to reach an agreement with the Commission to enter into adry‑cleaning solvent remediation agreement within the time specified inthe assessment agreement.
(4) The payment of taxesassessed to the facility under Article 5D of Chapter 105 of the GeneralStatutes is delinquent.
(5) Repealed by SessionLaws 2000, ch. 19, s. 3, effective on or after April 1, 1998.
(6) The owner or operatorfails to comply with all applicable requirements of this Part or fails tocomply with all applicable requirements of an assessment agreement orremediation agreement.
(7) The owner oroperator of a facility for which an assessment or remediation activity isscheduled or in progress transfers the ownership or operation of the facilityor abandoned site to another person without the prior consent of the Commissionand the execution of a substitute assessment agreement or remediationagreement.
(8) The standardsapplied to the dry‑cleaning solvent contamination remediation orcontainment under the provisions of this Part and the dry‑cleaningsolvent remediation agreement will, or are likely to, cause the Department tofail to comply with the terms and conditions under which it operates andadministers a remediation program by delegation or similar authorization fromthe United States or one of its departments or agencies, including theEnvironmental Protection Agency.
(9) A petitioner failsto pay the Commission any amounts for which a petitioner is responsiblepursuant to G.S. 143‑215.104F.
(b) Prior todecertifying any facility or abandoned site or renegotiating or terminating anyassessment agreement or remediation agreement, the Commission shall give thepetitioners notice and opportunity for hearing. The Commission is not requiredto give the petitioners notice and opportunity for hearing when the Commissionreasonably takes an emergency action to abate an imminent hazard caused by orarising from assessment or remediation activities at a contamination sitewhether the Commission issues a special order pursuant to G.S. 143‑215.2or takes other action.
(c) Decertification ofany facility or abandoned site or renegotiation or termination of anyassessment agreement or remediation agreement pursuant to this section shallnot affect the rights of any petitioner, other than a petitioner whoseviolation of the provisions of subsection (a) of this section was the basis forthe decertification, renegotiation, or termination and any parent, subsidiary,or other affiliate of that petitioner. If the Commission decertifies a facilityor abandoned site or terminates an assessment agreement or remediationagreement with any party to the agreement pursuant to subsection (a) of thissection, the Commission shall use its best efforts to negotiate a substituteagreement with any remaining parties to the agreement. (1997‑392, s. 1; 2000‑19,s. 3; 2007‑530, s. 7.)
§ 143‑215.104J. (Repealed effective January 1, 2012 See notes) Decertification; terminationof assessment agreements and remediation agreements.
(a) The Commission maydecertify a facility or abandoned site or renegotiate or terminate anassessment agreement or remediation agreement with respect to any party theretoin the following circumstances:
(1) The owner oroperator of the facility, at any time subsequent to the certification of thefacility, violates any of the minimum management requirements adopted by theCommission pursuant to G.S. 143‑215.104D(b)(2).
(2) In the case of dry‑cleaningcontamination on property that is owned by a petitioner, the petitioner failsto file a Notice of Dry‑Cleaning Solvent Remediation, if required, asprovided in G.S. 143‑215.104M.
(3) The potentiallyresponsible persons who are parties to a dry‑cleaning solvent assessmentagreement are unable to reach an agreement with the Commission to enter into adry‑cleaning solvent remediation agreement within the time specified inthe assessment agreement.
(4) The payment of taxesassessed to the facility under Article 5D of Chapter 105 of the GeneralStatutes is delinquent.
(5) Repealed by SessionLaws 2000, ch. 19, s. 3, effective on or after April 1, 1998.
(6) The owner or operatorfails to comply with all applicable requirements of this Part or fails tocomply with all applicable requirements of an assessment agreement orremediation agreement.
(7) The owner oroperator of a facility for which an assessment or remediation activity isscheduled or in progress transfers the ownership or operation of the facilityor abandoned site to another person without the prior consent of the Commissionand the execution of a substitute assessment agreement or remediationagreement.
(8) The standardsapplied to the dry‑cleaning solvent contamination remediation orcontainment under the provisions of this Part and the dry‑cleaningsolvent remediation agreement will, or are likely to, cause the Department tofail to comply with the terms and conditions under which it operates andadministers a remediation program by delegation or similar authorization fromthe United States or one of its departments or agencies, including theEnvironmental Protection Agency.
(9) A petitioner failsto pay the Commission any amounts for which a petitioner is responsiblepursuant to G.S. 143‑215.104F.
(b) Prior todecertifying any facility or abandoned site or renegotiating or terminating anyassessment agreement or remediation agreement, the Commission shall give thepetitioners notice and opportunity for hearing. The Commission is not requiredto give the petitioners notice and opportunity for hearing when the Commissionreasonably takes an emergency action to abate an imminent hazard caused by orarising from assessment or remediation activities at a contamination sitewhether the Commission issues a special order pursuant to G.S. 143‑215.2or takes other action.
(c) Decertification ofany facility or abandoned site or renegotiation or termination of anyassessment agreement or remediation agreement pursuant to this section shallnot affect the rights of any petitioner, other than a petitioner whoseviolation of the provisions of subsection (a) of this section was the basis forthe decertification, renegotiation, or termination and any parent, subsidiary,or other affiliate of that petitioner. If the Commission decertifies a facilityor abandoned site or terminates an assessment agreement or remediationagreement with any party to the agreement pursuant to subsection (a) of thissection, the Commission shall use its best efforts to negotiate a substituteagreement with any remaining parties to the agreement. (1997‑392, s. 1; 2000‑19,s. 3; 2007‑530, s. 7.)
