§ 130A‑310.3. Remedialaction programs for inactive hazardous substance or waste disposal sites.
(a) The Secretary mayissue a written declaration, based upon findings of fact, that an inactivehazardous substance or waste disposal site endangers the public health or theenvironment. After issuing such a declaration, and at any time during which thedeclaration is in effect, the Secretary shall be responsible for:
(1) Monitoring theinactive hazardous substance or waste disposal site;
(2) Developing a planfor public notice and for community and local government participation in anyinactive hazardous substance or waste disposal site remedial action program tobe undertaken;
(3) Approving aninactive hazardous substance or waste disposal site remedial action program forthe site;
(4) Coordinating theinactive hazardous substance or waste disposal site remedial action program forthe site; and
(5) Ensuring that thehazardous substance or waste disposal site remedial action program iscompleted.
(b) Where possible, theSecretary shall work cooperatively with any owner, operator, responsible party,or any appropriate agency of the State or federal government to develop andimplement the inactive hazardous substance or waste disposal site remedialaction program. The Secretary shall not take action under this section to theextent that the Environmental Management Commission, the Commissioner ofAgriculture, or the Pesticide Board has assumed jurisdiction pursuant toArticles 21 or 21A of Chapter 143 of the General Statutes.
(c) Whenever theSecretary has issued such a declaration, and at any time during which thedeclaration is in effect, the Secretary may, in addition to any other powers hemay have, order any responsible party:
(1) To develop aninactive hazardous substance or waste disposal site remedial action program forthe site subject to approval by the Department, and
(2) To implement theprogram within reasonable time limits specified in the order.
Writtennotice of such an order shall be provided to all persons subject to the orderpersonally or by certified mail. If given by certified mail, notice shall bedeemed to have been given on the date appearing in the return of the receipt.If giving of notice cannot be accomplished either personally or by certifiedmail, notice shall be given as provided in G.S. 1A‑1, Rule 4(j).
(d) In any inactivehazardous substance or waste disposal site remedial action program implementedhereunder, the Secretary shall ascertain the most nearly applicable cleanupstandard as would be applied under CERCLA/SARA, and may seek federal approvalof any such program to insure concurrent compliance with federal standards.State standards may exceed and be more comprehensive than such federalstandards. The Secretary shall assure concurrent compliance with applicablestandards set by the Environmental Management Commission.
(e) For any removal orremedial action conducted entirely on‑site under this Part, to the extentthat a permit would not be required under 42 U.S.C. § 9621(e) for a removal orremedial action conducted entirely on‑site under CERCLA/SARA, theSecretary may grant a waiver from any State law or rule that requires that anenvironmental permit be obtained from the Department. The Secretary shall notwaive any requirement that a permit be obtained unless either the removal orremedial action is being conducted pursuant to G.S. 130A‑310.3(c), 130A‑310.5,or 130A‑310.6, or the owner, operator, or other responsible party hasentered into an agreement with the Secretary to implement a voluntary remedialaction plan under G.S. 130A‑310.9(b). The Secretary shall invite publicparticipation in the development of the remedial action plan in the manner setout in G.S. 130A‑310.4 prior to granting a permit waiver, except for aremoval or remedial action conducted pursuant to G.S. 130A‑310.5.
(f) In order to reduceor eliminate the danger to public health or the environment posed by aninactive hazardous substance or waste disposal site, an owner, operator, orother responsible party may impose restrictions on the current or future use ofthe real property comprising any part of the site if the restrictions meet therequirements of this subsection. The restrictions must be agreed to by theowner of the real property, included in a remedial action plan for the sitethat has been approved by the Secretary, and implemented as a part of theremedial action program for the site. The Secretary may approve restrictionsincluded in a remedial action plan in accordance with standards determined asprovided in subsection (d) of this section or pursuant to rules adopted underChapter 150B of the General Statutes. Restrictions may apply to activities on,over, or under the land, including, but not limited to, use of groundwater,building, filling, grading, excavating, and mining. Any approved restrictionshall be enforced by any owner, operator, or other party responsible for theinactive hazardous substance or waste disposal site. Any land‑userestriction may also be enforced by the Department through the remediesprovided in Part 2 of Article 1 of this Chapter or by means of a civil action.The Department may enforce any land‑use restriction without first havingexhausted any available administrative remedies. A land‑use restrictionmay also be enforced by any unit of local government having jurisdiction overany part of the site. A land‑use restriction shall not be declaredunenforceable due to lack of privity of estate or contract, due to lack ofbenefit to particular land, or due to lack of any property interest inparticular land. Any person who owns or leases a property subject to a land‑userestriction under this Part shall abide by the land‑use restriction. (1987, c. 574, s. 2; 1989, c.727, s. 145; 1991, c. 281, ss. 1, 2; 1997‑394, s. 1; 2002‑154, s.2.)
§ 130A‑310.3. Remedialaction programs for inactive hazardous substance or waste disposal sites.
(a) The Secretary mayissue a written declaration, based upon findings of fact, that an inactivehazardous substance or waste disposal site endangers the public health or theenvironment. After issuing such a declaration, and at any time during which thedeclaration is in effect, the Secretary shall be responsible for:
(1) Monitoring theinactive hazardous substance or waste disposal site;
(2) Developing a planfor public notice and for community and local government participation in anyinactive hazardous substance or waste disposal site remedial action program tobe undertaken;
(3) Approving aninactive hazardous substance or waste disposal site remedial action program forthe site;
(4) Coordinating theinactive hazardous substance or waste disposal site remedial action program forthe site; and
(5) Ensuring that thehazardous substance or waste disposal site remedial action program iscompleted.
(b) Where possible, theSecretary shall work cooperatively with any owner, operator, responsible party,or any appropriate agency of the State or federal government to develop andimplement the inactive hazardous substance or waste disposal site remedialaction program. The Secretary shall not take action under this section to theextent that the Environmental Management Commission, the Commissioner ofAgriculture, or the Pesticide Board has assumed jurisdiction pursuant toArticles 21 or 21A of Chapter 143 of the General Statutes.
(c) Whenever theSecretary has issued such a declaration, and at any time during which thedeclaration is in effect, the Secretary may, in addition to any other powers hemay have, order any responsible party:
(1) To develop aninactive hazardous substance or waste disposal site remedial action program forthe site subject to approval by the Department, and
(2) To implement theprogram within reasonable time limits specified in the order.
Writtennotice of such an order shall be provided to all persons subject to the orderpersonally or by certified mail. If given by certified mail, notice shall bedeemed to have been given on the date appearing in the return of the receipt.If giving of notice cannot be accomplished either personally or by certifiedmail, notice shall be given as provided in G.S. 1A‑1, Rule 4(j).
(d) In any inactivehazardous substance or waste disposal site remedial action program implementedhereunder, the Secretary shall ascertain the most nearly applicable cleanupstandard as would be applied under CERCLA/SARA, and may seek federal approvalof any such program to insure concurrent compliance with federal standards.State standards may exceed and be more comprehensive than such federalstandards. The Secretary shall assure concurrent compliance with applicablestandards set by the Environmental Management Commission.
(e) For any removal orremedial action conducted entirely on‑site under this Part, to the extentthat a permit would not be required under 42 U.S.C. § 9621(e) for a removal orremedial action conducted entirely on‑site under CERCLA/SARA, theSecretary may grant a waiver from any State law or rule that requires that anenvironmental permit be obtained from the Department. The Secretary shall notwaive any requirement that a permit be obtained unless either the removal orremedial action is being conducted pursuant to G.S. 130A‑310.3(c), 130A‑310.5,or 130A‑310.6, or the owner, operator, or other responsible party hasentered into an agreement with the Secretary to implement a voluntary remedialaction plan under G.S. 130A‑310.9(b). The Secretary shall invite publicparticipation in the development of the remedial action plan in the manner setout in G.S. 130A‑310.4 prior to granting a permit waiver, except for aremoval or remedial action conducted pursuant to G.S. 130A‑310.5.
(f) In order to reduceor eliminate the danger to public health or the environment posed by aninactive hazardous substance or waste disposal site, an owner, operator, orother responsible party may impose restrictions on the current or future use ofthe real property comprising any part of the site if the restrictions meet therequirements of this subsection. The restrictions must be agreed to by theowner of the real property, included in a remedial action plan for the sitethat has been approved by the Secretary, and implemented as a part of theremedial action program for the site. The Secretary may approve restrictionsincluded in a remedial action plan in accordance with standards determined asprovided in subsection (d) of this section or pursuant to rules adopted underChapter 150B of the General Statutes. Restrictions may apply to activities on,over, or under the land, including, but not limited to, use of groundwater,building, filling, grading, excavating, and mining. Any approved restrictionshall be enforced by any owner, operator, or other party responsible for theinactive hazardous substance or waste disposal site. Any land‑userestriction may also be enforced by the Department through the remediesprovided in Part 2 of Article 1 of this Chapter or by means of a civil action.The Department may enforce any land‑use restriction without first havingexhausted any available administrative remedies. A land‑use restrictionmay also be enforced by any unit of local government having jurisdiction overany part of the site. A land‑use restriction shall not be declaredunenforceable due to lack of privity of estate or contract, due to lack ofbenefit to particular land, or due to lack of any property interest inparticular land. Any person who owns or leases a property subject to a land‑userestriction under this Part shall abide by the land‑use restriction. (1987, c. 574, s. 2; 1989, c.727, s. 145; 1991, c. 281, ss. 1, 2; 1997‑394, s. 1; 2002‑154, s.2.)
§ 130A‑310.3. Remedialaction programs for inactive hazardous substance or waste disposal sites.
(a) The Secretary mayissue a written declaration, based upon findings of fact, that an inactivehazardous substance or waste disposal site endangers the public health or theenvironment. After issuing such a declaration, and at any time during which thedeclaration is in effect, the Secretary shall be responsible for:
(1) Monitoring theinactive hazardous substance or waste disposal site;
(2) Developing a planfor public notice and for community and local government participation in anyinactive hazardous substance or waste disposal site remedial action program tobe undertaken;
(3) Approving aninactive hazardous substance or waste disposal site remedial action program forthe site;
(4) Coordinating theinactive hazardous substance or waste disposal site remedial action program forthe site; and
(5) Ensuring that thehazardous substance or waste disposal site remedial action program iscompleted.
(b) Where possible, theSecretary shall work cooperatively with any owner, operator, responsible party,or any appropriate agency of the State or federal government to develop andimplement the inactive hazardous substance or waste disposal site remedialaction program. The Secretary shall not take action under this section to theextent that the Environmental Management Commission, the Commissioner ofAgriculture, or the Pesticide Board has assumed jurisdiction pursuant toArticles 21 or 21A of Chapter 143 of the General Statutes.
(c) Whenever theSecretary has issued such a declaration, and at any time during which thedeclaration is in effect, the Secretary may, in addition to any other powers hemay have, order any responsible party:
(1) To develop aninactive hazardous substance or waste disposal site remedial action program forthe site subject to approval by the Department, and
(2) To implement theprogram within reasonable time limits specified in the order.
Writtennotice of such an order shall be provided to all persons subject to the orderpersonally or by certified mail. If given by certified mail, notice shall bedeemed to have been given on the date appearing in the return of the receipt.If giving of notice cannot be accomplished either personally or by certifiedmail, notice shall be given as provided in G.S. 1A‑1, Rule 4(j).
(d) In any inactivehazardous substance or waste disposal site remedial action program implementedhereunder, the Secretary shall ascertain the most nearly applicable cleanupstandard as would be applied under CERCLA/SARA, and may seek federal approvalof any such program to insure concurrent compliance with federal standards.State standards may exceed and be more comprehensive than such federalstandards. The Secretary shall assure concurrent compliance with applicablestandards set by the Environmental Management Commission.
(e) For any removal orremedial action conducted entirely on‑site under this Part, to the extentthat a permit would not be required under 42 U.S.C. § 9621(e) for a removal orremedial action conducted entirely on‑site under CERCLA/SARA, theSecretary may grant a waiver from any State law or rule that requires that anenvironmental permit be obtained from the Department. The Secretary shall notwaive any requirement that a permit be obtained unless either the removal orremedial action is being conducted pursuant to G.S. 130A‑310.3(c), 130A‑310.5,or 130A‑310.6, or the owner, operator, or other responsible party hasentered into an agreement with the Secretary to implement a voluntary remedialaction plan under G.S. 130A‑310.9(b). The Secretary shall invite publicparticipation in the development of the remedial action plan in the manner setout in G.S. 130A‑310.4 prior to granting a permit waiver, except for aremoval or remedial action conducted pursuant to G.S. 130A‑310.5.
(f) In order to reduceor eliminate the danger to public health or the environment posed by aninactive hazardous substance or waste disposal site, an owner, operator, orother responsible party may impose restrictions on the current or future use ofthe real property comprising any part of the site if the restrictions meet therequirements of this subsection. The restrictions must be agreed to by theowner of the real property, included in a remedial action plan for the sitethat has been approved by the Secretary, and implemented as a part of theremedial action program for the site. The Secretary may approve restrictionsincluded in a remedial action plan in accordance with standards determined asprovided in subsection (d) of this section or pursuant to rules adopted underChapter 150B of the General Statutes. Restrictions may apply to activities on,over, or under the land, including, but not limited to, use of groundwater,building, filling, grading, excavating, and mining. Any approved restrictionshall be enforced by any owner, operator, or other party responsible for theinactive hazardous substance or waste disposal site. Any land‑userestriction may also be enforced by the Department through the remediesprovided in Part 2 of Article 1 of this Chapter or by means of a civil action.The Department may enforce any land‑use restriction without first havingexhausted any available administrative remedies. A land‑use restrictionmay also be enforced by any unit of local government having jurisdiction overany part of the site. A land‑use restriction shall not be declaredunenforceable due to lack of privity of estate or contract, due to lack ofbenefit to particular land, or due to lack of any property interest inparticular land. Any person who owns or leases a property subject to a land‑userestriction under this Part shall abide by the land‑use restriction. (1987, c. 574, s. 2; 1989, c.727, s. 145; 1991, c. 281, ss. 1, 2; 1997‑394, s. 1; 2002‑154, s.2.)
