§ 143‑215.104N. (Expires January 1, 2022 see notes) Disbursement of dry‑cleaningsolvent assessment and remediation costs; limitations; cost recovery.
(a) Allowable Costs. Tothe extent monies are available in the Fund, the Commission shall pay for reasonableand necessary assessment and remediation activities at a contamination siteassociated with a certified facility or a certified abandoned site pursuant toa dry‑cleaning solvent assessment agreement or dry‑cleaning solventremediation agreement for the following assessment and remediation responsecosts, for which appropriate documentation is submitted:
(1) Costs of assessmentwith respect to dry‑cleaning solvent contamination.
(2) Costs of treatmentor replacement of potable water supplies affected by the contamination.
(3) Costs of remediationof affected soil, groundwater, surface waters, bedrock or other rockformations, or buildings.
(4) Monitoring of thecontamination.
(5) Inspection andsupervision of activities described in this subsection.
(6) Reasonable costs ofrestoring property as nearly as practicable to the conditions that existedprior to activities associated with assessment and remediation conductedpursuant to this Part.
(7) Other activitiesreasonably required to protect public health and the environment.
(b) Limitations. Notwithstandingsubsection (a) of this section, the Commission shall not make any disbursementfrom the Fund:
(1) For costs incurredin connection with facilities or abandoned sites not certified pursuant to G.S.143‑215.104G.
(2) For costs notincurred pursuant to a dry‑cleaning solvent assessment agreement or a dry‑cleaningsolvent remediation agreement.
(3) Repealed by SessionLaws 2007‑530, s. 11, effective August 31, 2007.
(4) For costs at acontamination site that has been identified by the United States EnvironmentalProtection Agency as a federal Superfund site pursuant to 40 Code of FederalRegulations, Part 300 (1 July 1996 Edition), except that the Commission mayauthorize distribution of the required State match in an amount not to exceedtwo hundred thousand dollars ($200,000) per year per site. The Commission shallnot delegate its authority to disburse funds pursuant to this subdivision.
(5) For remediationbeyond the level required under the Commission's risk‑based criteria fordetermining the appropriate level of remediation.
(6) For assessment orremediation response costs incurred in connection with any individual dry‑cleaningsolvent assessment agreement or dry‑cleaning solvent remediation agreementin excess of five hundred thousand dollars ($500,000) per year. However, thatthe Commission may disburse up to one million dollars ($1,000,000) per year forassessment and remediation costs incurred in connection with a facility or anabandoned site if the facility or abandoned site has been certified and posesan imminent hazard.
(7) That would result ina diminution of the Fund balance below one hundred thousand dollars ($100,000),unless an emergency exists in connection with a dry‑cleaning solvent contaminationabandoned site that constitutes an imminent hazard.
(8) For any costsincurred in connection with dry‑cleaning solvent contamination from afacility located on a United States military base or owned by the United Statesor a department or agency of the United States.
(9) For any costsincurred in connection with dry‑cleaning solvent contamination from afacility or abandoned site owned by the State or a department or agency of theState, unless the contamination at the State‑owned site was not caused bythe State, but was caused by another person.
(c) Repealed by SessionLaws 2007‑530, s. 11, effective August 31, 2007.
(d) If, at any time,the Commission determines that the cost of assessment and remediationactivities incurred pursuant to existing dry‑cleaning solvent assessmentagreements and dry‑cleaning solvent remediation agreements equals orexceeds the total revenues expected to be credited to the Fund over the life ofthe Fund, the Commission shall publish notice of the determination in the NorthCarolina Register. Following the publication of a notice pursuant to thissection, the Commission may continue to enter into dry‑cleaning solventassessment agreements and dry‑cleaning solvent remediation agreementsuntil the day of adjournment of the first regular session of the GeneralAssembly that begins after the date the notice is published, but shall have noauthority to enter into additional dry‑cleaning solvent assessmentagreements and dry‑cleaning solvent remediation agreements after thatdate unless the Commission first determines either (i) that revenues will beavailable from the Fund to pay the costs of assessment and remediationactivities expected to be incurred pursuant to the agreements, or (ii) thatassessment and remediation activities undertaken pursuant to the agreementswill be paid entirely from sources other than the Fund. For the purposes ofthis subsection, the term "day of adjournment" shall mean: (i) in thecase of a regular session held in an odd‑numbered year, the day theGeneral Assembly adjourns by joint resolution for more than 10 days, and (ii)in the case of a regular session held in an even‑numbered year, the daythe General Assembly adjourns sine die.
(e) If the cleanup ofthe contamination site is not completed through fault of the petitioner asrequired by the remediation agreement, the petitioner shall reimburse the Fundfor any response costs previously disbursed from the fund for the cleanup, withinterest. The Commission shall request the Attorney General to commence a civilaction to secure repayment of response costs and interest of the costs. (1997‑392, s. 1; 2000‑19,ss. 12, 14(a), (b); 2007‑530, s. 11; 2009‑483, s. 4.)
§ 143‑215.104N. (Expires January 1, 2022 see notes) Disbursement of dry‑cleaningsolvent assessment and remediation costs; limitations; cost recovery.
(a) Allowable Costs. Tothe extent monies are available in the Fund, the Commission shall pay for reasonableand necessary assessment and remediation activities at a contamination siteassociated with a certified facility or a certified abandoned site pursuant toa dry‑cleaning solvent assessment agreement or dry‑cleaning solventremediation agreement for the following assessment and remediation responsecosts, for which appropriate documentation is submitted:
(1) Costs of assessmentwith respect to dry‑cleaning solvent contamination.
(2) Costs of treatmentor replacement of potable water supplies affected by the contamination.
(3) Costs of remediationof affected soil, groundwater, surface waters, bedrock or other rockformations, or buildings.
(4) Monitoring of thecontamination.
(5) Inspection andsupervision of activities described in this subsection.
(6) Reasonable costs ofrestoring property as nearly as practicable to the conditions that existedprior to activities associated with assessment and remediation conductedpursuant to this Part.
(7) Other activitiesreasonably required to protect public health and the environment.
(b) Limitations. Notwithstandingsubsection (a) of this section, the Commission shall not make any disbursementfrom the Fund:
(1) For costs incurredin connection with facilities or abandoned sites not certified pursuant to G.S.143‑215.104G.
(2) For costs notincurred pursuant to a dry‑cleaning solvent assessment agreement or a dry‑cleaningsolvent remediation agreement.
(3) Repealed by SessionLaws 2007‑530, s. 11, effective August 31, 2007.
(4) For costs at acontamination site that has been identified by the United States EnvironmentalProtection Agency as a federal Superfund site pursuant to 40 Code of FederalRegulations, Part 300 (1 July 1996 Edition), except that the Commission mayauthorize distribution of the required State match in an amount not to exceedtwo hundred thousand dollars ($200,000) per year per site. The Commission shallnot delegate its authority to disburse funds pursuant to this subdivision.
(5) For remediationbeyond the level required under the Commission's risk‑based criteria fordetermining the appropriate level of remediation.
(6) For assessment orremediation response costs incurred in connection with any individual dry‑cleaningsolvent assessment agreement or dry‑cleaning solvent remediation agreementin excess of five hundred thousand dollars ($500,000) per year. However, thatthe Commission may disburse up to one million dollars ($1,000,000) per year forassessment and remediation costs incurred in connection with a facility or anabandoned site if the facility or abandoned site has been certified and posesan imminent hazard.
(7) That would result ina diminution of the Fund balance below one hundred thousand dollars ($100,000),unless an emergency exists in connection with a dry‑cleaning solvent contaminationabandoned site that constitutes an imminent hazard.
(8) For any costsincurred in connection with dry‑cleaning solvent contamination from afacility located on a United States military base or owned by the United Statesor a department or agency of the United States.
(9) For any costsincurred in connection with dry‑cleaning solvent contamination from afacility or abandoned site owned by the State or a department or agency of theState, unless the contamination at the State‑owned site was not caused bythe State, but was caused by another person.
(c) Repealed by SessionLaws 2007‑530, s. 11, effective August 31, 2007.
(d) If, at any time,the Commission determines that the cost of assessment and remediationactivities incurred pursuant to existing dry‑cleaning solvent assessmentagreements and dry‑cleaning solvent remediation agreements equals orexceeds the total revenues expected to be credited to the Fund over the life ofthe Fund, the Commission shall publish notice of the determination in the NorthCarolina Register. Following the publication of a notice pursuant to thissection, the Commission may continue to enter into dry‑cleaning solventassessment agreements and dry‑cleaning solvent remediation agreementsuntil the day of adjournment of the first regular session of the GeneralAssembly that begins after the date the notice is published, but shall have noauthority to enter into additional dry‑cleaning solvent assessmentagreements and dry‑cleaning solvent remediation agreements after thatdate unless the Commission first determines either (i) that revenues will beavailable from the Fund to pay the costs of assessment and remediationactivities expected to be incurred pursuant to the agreements, or (ii) thatassessment and remediation activities undertaken pursuant to the agreementswill be paid entirely from sources other than the Fund. For the purposes ofthis subsection, the term "day of adjournment" shall mean: (i) in thecase of a regular session held in an odd‑numbered year, the day theGeneral Assembly adjourns by joint resolution for more than 10 days, and (ii)in the case of a regular session held in an even‑numbered year, the daythe General Assembly adjourns sine die.
(e) If the cleanup ofthe contamination site is not completed through fault of the petitioner asrequired by the remediation agreement, the petitioner shall reimburse the Fundfor any response costs previously disbursed from the fund for the cleanup, withinterest. The Commission shall request the Attorney General to commence a civilaction to secure repayment of response costs and interest of the costs. (1997‑392, s. 1; 2000‑19,ss. 12, 14(a), (b); 2007‑530, s. 11; 2009‑483, s. 4.)
§ 143‑215.104N. (Expires January 1, 2022 see notes) Disbursement of dry‑cleaningsolvent assessment and remediation costs; limitations; cost recovery.
(a) Allowable Costs. Tothe extent monies are available in the Fund, the Commission shall pay for reasonableand necessary assessment and remediation activities at a contamination siteassociated with a certified facility or a certified abandoned site pursuant toa dry‑cleaning solvent assessment agreement or dry‑cleaning solventremediation agreement for the following assessment and remediation responsecosts, for which appropriate documentation is submitted:
(1) Costs of assessmentwith respect to dry‑cleaning solvent contamination.
(2) Costs of treatmentor replacement of potable water supplies affected by the contamination.
(3) Costs of remediationof affected soil, groundwater, surface waters, bedrock or other rockformations, or buildings.
(4) Monitoring of thecontamination.
(5) Inspection andsupervision of activities described in this subsection.
(6) Reasonable costs ofrestoring property as nearly as practicable to the conditions that existedprior to activities associated with assessment and remediation conductedpursuant to this Part.
(7) Other activitiesreasonably required to protect public health and the environment.
(b) Limitations. Notwithstandingsubsection (a) of this section, the Commission shall not make any disbursementfrom the Fund:
(1) For costs incurredin connection with facilities or abandoned sites not certified pursuant to G.S.143‑215.104G.
(2) For costs notincurred pursuant to a dry‑cleaning solvent assessment agreement or a dry‑cleaningsolvent remediation agreement.
(3) Repealed by SessionLaws 2007‑530, s. 11, effective August 31, 2007.
(4) For costs at acontamination site that has been identified by the United States EnvironmentalProtection Agency as a federal Superfund site pursuant to 40 Code of FederalRegulations, Part 300 (1 July 1996 Edition), except that the Commission mayauthorize distribution of the required State match in an amount not to exceedtwo hundred thousand dollars ($200,000) per year per site. The Commission shallnot delegate its authority to disburse funds pursuant to this subdivision.
(5) For remediationbeyond the level required under the Commission's risk‑based criteria fordetermining the appropriate level of remediation.
(6) For assessment orremediation response costs incurred in connection with any individual dry‑cleaningsolvent assessment agreement or dry‑cleaning solvent remediation agreementin excess of five hundred thousand dollars ($500,000) per year. However, thatthe Commission may disburse up to one million dollars ($1,000,000) per year forassessment and remediation costs incurred in connection with a facility or anabandoned site if the facility or abandoned site has been certified and posesan imminent hazard.
(7) That would result ina diminution of the Fund balance below one hundred thousand dollars ($100,000),unless an emergency exists in connection with a dry‑cleaning solvent contaminationabandoned site that constitutes an imminent hazard.
(8) For any costsincurred in connection with dry‑cleaning solvent contamination from afacility located on a United States military base or owned by the United Statesor a department or agency of the United States.
(9) For any costsincurred in connection with dry‑cleaning solvent contamination from afacility or abandoned site owned by the State or a department or agency of theState, unless the contamination at the State‑owned site was not caused bythe State, but was caused by another person.
(c) Repealed by SessionLaws 2007‑530, s. 11, effective August 31, 2007.
(d) If, at any time,the Commission determines that the cost of assessment and remediationactivities incurred pursuant to existing dry‑cleaning solvent assessmentagreements and dry‑cleaning solvent remediation agreements equals orexceeds the total revenues expected to be credited to the Fund over the life ofthe Fund, the Commission shall publish notice of the determination in the NorthCarolina Register. Following the publication of a notice pursuant to thissection, the Commission may continue to enter into dry‑cleaning solventassessment agreements and dry‑cleaning solvent remediation agreementsuntil the day of adjournment of the first regular session of the GeneralAssembly that begins after the date the notice is published, but shall have noauthority to enter into additional dry‑cleaning solvent assessmentagreements and dry‑cleaning solvent remediation agreements after thatdate unless the Commission first determines either (i) that revenues will beavailable from the Fund to pay the costs of assessment and remediationactivities expected to be incurred pursuant to the agreements, or (ii) thatassessment and remediation activities undertaken pursuant to the agreementswill be paid entirely from sources other than the Fund. For the purposes ofthis subsection, the term "day of adjournment" shall mean: (i) in thecase of a regular session held in an odd‑numbered year, the day theGeneral Assembly adjourns by joint resolution for more than 10 days, and (ii)in the case of a regular session held in an even‑numbered year, the daythe General Assembly adjourns sine die.
(e) If the cleanup ofthe contamination site is not completed through fault of the petitioner asrequired by the remediation agreement, the petitioner shall reimburse the Fundfor any response costs previously disbursed from the fund for the cleanup, withinterest. The Commission shall request the Attorney General to commence a civilaction to secure repayment of response costs and interest of the costs. (1997‑392, s. 1; 2000‑19,ss. 12, 14(a), (b); 2007‑530, s. 11; 2009‑483, s. 4.)
