§130A‑292. Conveyance of land used for commercial hazardous wastedisposal facility to the State.
(a) No land may be usedfor a commercial hazardous waste disposal facility until fee simple title tothe land has been conveyed to this State. In consideration for the conveyance,the State shall enter into a lease agreement with the grantor for a term equalto the estimated life of the facility in which the State will be the lessor andthe grantor the lessee. The lease agreement shall specify that for an annualrent of fifty dollars ($50.00), the lessee shall be allowed to use the land forthe development and operation of a hazardous waste disposal facility. The leaseagreement shall provide that the lessor or any person authorized by the lessorshall at all times have the right to enter without a search warrant orpermission of the lessee upon any and all parts of the premises for monitoring,inspection and all other purposes necessary to carry out the provisions of thisArticle. The lessee shall remain fully liable for all damages, losses, personalinjury or property damage which may result or arise out of the lessee'soperation of the facility, and for compliance with regulatory requirementsconcerning insurance, bonding for closure and post‑closure costs, monitoringand other financial or health and safety requirements as required by applicablelaw and rules. The State, as lessor, shall be immune from liability except asotherwise provided by statute. The lease shall be transferable with the writtenconsent of the lessor and the consent will not be unreasonably withheld. In thecase of a transfer of the lease, the transferee shall be subject to all termsand conditions that the State deems necessary to ensure compliance withapplicable laws and rules. If the lessee or any successor in interest fails inany material respect to comply with any applicable law, rule or permitcondition, 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, rule, permit condition or the lease for the permanentclosure of the site until the site has either been permanently closed or untila substituted operator has been secured and has assumed the obligations of thelessee.
(c) In the event ofchanges in laws or rules 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 substitute lessee and operator. However, the lessor shallhave no obligation to secure a substitute lessee or operator and may requirethe lessee to permanently close the facility. (1981, c. 704, s. 5; 1983, c.891, s. 2; 1989, c. 168, s. 12.)
§130A‑292. Conveyance of land used for commercial hazardous wastedisposal facility to the State.
(a) No land may be usedfor a commercial hazardous waste disposal facility until fee simple title tothe land has been conveyed to this State. In consideration for the conveyance,the State shall enter into a lease agreement with the grantor for a term equalto the estimated life of the facility in which the State will be the lessor andthe grantor the lessee. The lease agreement shall specify that for an annualrent of fifty dollars ($50.00), the lessee shall be allowed to use the land forthe development and operation of a hazardous waste disposal facility. The leaseagreement shall provide that the lessor or any person authorized by the lessorshall at all times have the right to enter without a search warrant orpermission of the lessee upon any and all parts of the premises for monitoring,inspection and all other purposes necessary to carry out the provisions of thisArticle. The lessee shall remain fully liable for all damages, losses, personalinjury or property damage which may result or arise out of the lessee'soperation of the facility, and for compliance with regulatory requirementsconcerning insurance, bonding for closure and post‑closure costs, monitoringand other financial or health and safety requirements as required by applicablelaw and rules. The State, as lessor, shall be immune from liability except asotherwise provided by statute. The lease shall be transferable with the writtenconsent of the lessor and the consent will not be unreasonably withheld. In thecase of a transfer of the lease, the transferee shall be subject to all termsand conditions that the State deems necessary to ensure compliance withapplicable laws and rules. If the lessee or any successor in interest fails inany material respect to comply with any applicable law, rule or permitcondition, 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, rule, permit condition or the lease for the permanentclosure of the site until the site has either been permanently closed or untila substituted operator has been secured and has assumed the obligations of thelessee.
(c) In the event ofchanges in laws or rules 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 substitute lessee and operator. However, the lessor shallhave no obligation to secure a substitute lessee or operator and may requirethe lessee to permanently close the facility. (1981, c. 704, s. 5; 1983, c.891, s. 2; 1989, c. 168, s. 12.)
§130A‑292. Conveyance of land used for commercial hazardous wastedisposal facility to the State.
(a) No land may be usedfor a commercial hazardous waste disposal facility until fee simple title tothe land has been conveyed to this State. In consideration for the conveyance,the State shall enter into a lease agreement with the grantor for a term equalto the estimated life of the facility in which the State will be the lessor andthe grantor the lessee. The lease agreement shall specify that for an annualrent of fifty dollars ($50.00), the lessee shall be allowed to use the land forthe development and operation of a hazardous waste disposal facility. The leaseagreement shall provide that the lessor or any person authorized by the lessorshall at all times have the right to enter without a search warrant orpermission of the lessee upon any and all parts of the premises for monitoring,inspection and all other purposes necessary to carry out the provisions of thisArticle. The lessee shall remain fully liable for all damages, losses, personalinjury or property damage which may result or arise out of the lessee'soperation of the facility, and for compliance with regulatory requirementsconcerning insurance, bonding for closure and post‑closure costs, monitoringand other financial or health and safety requirements as required by applicablelaw and rules. The State, as lessor, shall be immune from liability except asotherwise provided by statute. The lease shall be transferable with the writtenconsent of the lessor and the consent will not be unreasonably withheld. In thecase of a transfer of the lease, the transferee shall be subject to all termsand conditions that the State deems necessary to ensure compliance withapplicable laws and rules. If the lessee or any successor in interest fails inany material respect to comply with any applicable law, rule or permitcondition, 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, rule, permit condition or the lease for the permanentclosure of the site until the site has either been permanently closed or untila substituted operator has been secured and has assumed the obligations of thelessee.
(c) In the event ofchanges in laws or rules 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 substitute lessee and operator. However, the lessor shallhave no obligation to secure a substitute lessee or operator and may requirethe lessee to permanently close the facility. (1981, c. 704, s. 5; 1983, c.891, s. 2; 1989, c. 168, s. 12.)
