State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_104E > GS_104E-6_1

§ 104E‑6.1.  Conveyanceof land used for low‑level radioactive waste disposal facility to State.

(a)        No land may be usedas a low‑level radioactive waste disposal facility until fee simple titleto the land has been conveyed to the State of North Carolina. In considerationfor such conveyance, the State shall enter into a lease agreement with thegrantor for a term equal to the estimated life of the facility in which theState will be the lessor and the grantor the lessee. Such lease agreement shallspecify that for an annual rent of fifty dollars ($50.00), the lessee shall beallowed to use the land for the development and operation of a low‑levelradioactive waste disposal facility. Such lease agreement shall provide thatthe lessor or any person authorized by the lessor shall have at all times theright to enter without a search warrant or permission of the lessee upon anyand all parts of the premises for monitoring, inspection and all other purposesnecessary to carry out the provisions of Chapter 104E. The lessee shall remainfully liable for all damages, losses, personal injury or property damage whichmay result or arise out of the lessee's operation of the facility, and forcompliance with regulatory requirements concerning insurance, bonding for closureand post‑closure costs, monitoring and other financial or health andsafety requirements as required by applicable law and regulations. The State,as lessor, shall be immune from liability except as otherwise provided bystatute. The lease shall be transferrable with the written consent of thelessor, which consent will not be unreasonably withheld. In the case of such atransfer of the lease, the transferee shall be subject to all terms andconditions that the State deems necessary to ensure compliance with applicablelaws and regulations. If the lessee or any successor in interest fails in anymaterial respect to comply with any applicable law, regulation, or licensecondition, or with any term or condition of the lease, the State may terminatethe lease after giving the lessee written notice specifically describing thefailure to comply and upon providing the lessee a reasonable time to comply. Ifthe lessee does not effect compliance within the reasonable time allowed, theState may reenter and take possession of the premises.

(b)        Notwithstanding thetermination of the lease by either the lessee or the lessor for any reason, thelessee shall remain liable for, and be obligated to perform all acts necessaryor required by law, regulation, license conditions or the lease for thepermanent closure of the site until the site has either been permanently closedor until a substitute operator has been secured and assumed the obligations ofthe lessee.

(c)        In the event ofchanges in laws or regulations applicable to the facility which make continuedoperation by the lessee impossible or economically infeasible, the lessee shallhave the right to terminate the lease upon giving the State reasonable noticeof not less than six months, in which case the lessor shall have the right tosecure a substitute lessee and operator.

(d)        In the event oftermination of the lease by the lessor as provided in subsection (a) of thissection, or by the lessee as provided in subsection (c) of this section, thelessee shall be paid the fair market value of any improvements made to theleased premises less the costs to the lessor resulting from termination of thelease and securing a substituted lessee and operator; provided, that the lessorshall have no obligation to secure a substitute lessee or operator and mayrequire the lessee to permanently close the facility. (1981, c. 704, s. 9; 1987, c.633, s. 5; 1989 (Reg. Sess., 1990), c. 1004, s. 5; 2007‑495, s. 9.)