State Codes and Statutes
Statutes > North-carolina > Chapter_130A > GS_130A-310_39§ 130A‑310.39. Fees.
(a) The Departmentshall collect the following fees:
(1) A prospectivedeveloper who submits a proposed brownfields agreement for review by theDepartment shall pay an initial fee of two thousand dollars ($2,000).
(2) A prospective developerwho enters into a brownfields agreement with the Department shall pay a fee inan amount equal to the full cost to the Department and the Department ofJustice of all activities related to the brownfields agreement, including butnot limited to negotiation of the brownfields agreement, public notice andcommunity involvement, and monitoring the implementation of the brownfieldsagreement. The procedure by which the amount of this fee is determined shall beestablished by agreement between the prospective developer and the Departmentand shall be set out as a part of the brownfields agreement. The fee imposed bythis subdivision shall be paid in two installments. The first installment shallbe due at the time the prospective developer and the Department enter into thebrownfields agreement and shall equal all costs that have been incurred by theDepartment and the Department of Justice at that time less the amount of theinitial fee paid pursuant to subdivision (1) of this subsection. The Departmentshall not enter into the brownfields agreement unless the first installment ispaid in full when due. The second installment shall be due at the time theprospective developer submits a final report certifying completion ofremediation under the brownfields agreement and shall include any additionalcosts that have been incurred by the Department and the Department of Justice,including all costs of monitoring the implementation of the brownfieldsagreement.
(b) Fees and interestimposed under this section shall be credited to the Brownfields Property ReuseAct Implementation Account.
(c) If a prospectivedeveloper fails to pay the full amount of any fee due under this section,interest on the unpaid portion of the fee shall accrue from the time the fee isdue until paid at the rate established by the Secretary of Revenue pursuant toG.S. 105‑241.21. A lien for the amount of the unpaid fee plus interestshall attach to the real and personal property of the prospective developer andto the brownfields property until the fee and interest is paid. The Departmentmay collect unpaid fees and interest in any manner that a unit of localgovernment may collect delinquent taxes. (1997‑357, s. 2; 1999‑360, s. 17.3; 2007‑491,s. 44(1)(a).)
