§ 130A‑310.9. Voluntaryremedial actions; limitation of liability; agreements; implementation andoversight by private engineering and consulting firms.
(a) No one owner,operator, or other responsible party who voluntarily participates in theimplementation of a remedial action program under G.S. 130A‑310.3 or G.S.130A‑310.5 may be required to pay in excess of five million dollars($5,000,000) for the cost of implementing a remedial action program at a singleinactive hazardous substance or waste disposal site. The owner, operator, orother responsible party who voluntarily participates in the implementation of aremedial action program under G.S. 130A‑310.3 or G.S. 130A‑310.5shall be required to pay in addition to the cost of implementing the remedial actionprogram a fee of one thousand dollars ($1,000) to be used for the Department'scost of monitoring and enforcing the remedial action program. The limitation ofliability contained in this subsection applies to the cost of implementing theprogram and to the fee under this subsection. The limitation of liabilitycontained in this subsection does not apply to the cost of developing theremedial action plan.
(b) The Secretary mayenter into an agreement with an owner, operator, or other responsible party thatprovides for implementation of a voluntary remedial action program inaccordance with a remedial action plan approved by the Department.Investigations, evaluations, and voluntary remedial actions are subject to theprovisions of G.S. 130A‑310.1(c), 130A‑310.1(d), 130A‑310.3(d),130A‑310.3(f), 130A‑310.5, 130A‑310.8, and any otherrequirement imposed by the Department. A voluntary remedial action and alldocuments that relate to the voluntary remedial action shall be fully subjectto inspection and audit by the Department. At least 30 days prior to enteringinto any agreement providing for the implementation of a voluntary remedialaction program, the Secretary shall mail notice of the proposed agreement asprovided in G.S. 130A‑310.4(c)(2). Sites undergoing voluntary remedialactions shall be so identified as a separate category in the inventory of sitesmaintained pursuant to G.S. 130A‑310.1 but shall not be included on theInactive Hazardous Waste Sites Priority List required by G.S. 130A‑310.2.
(c) The Department mayapprove a private environmental consulting and engineering firm to implementand oversee a voluntary remedial action by an owner, operator, or otherresponsible party. An owner, operator, or other responsible party who entersinto an agreement with the Secretary to implement a voluntary remedial actionmay hire a private environmental consulting or engineering firm approved by theDepartment to implement and oversee the voluntary remedial action. A voluntaryremedial action that is implemented and overseen by a private environmentalconsulting or engineering firm shall be implemented in accordance with allfederal and State laws, regulations, and rules that apply to remedial actionsgenerally and is subject to rules adopted pursuant to G.S. 130A‑310.12(b).The Department may revoke its approval of the oversight of a voluntary remedialaction by a private environmental consulting or engineering firm and assumedirect oversight of the voluntary remedial action whenever it appears to theDepartment that the voluntary remedial action is not being properly implementedor is not being adequately overseen. The Department may require the owner,operator, other responsible party, or private environmental consulting orengineering firm to take any action necessary to bring the voluntary remedialaction into compliance with applicable requirements. (1987, c. 574, s. 2; 1989,c. 286, s. 7; 1993 (Reg. Sess., 1994), c. 598, s. 1; 1995, c. 327, s. 2; 1997‑394,s. 3; 2007‑107, s. 1.1(g); 2009‑451, s. 13.3C(a).)
§ 130A‑310.9. Voluntaryremedial actions; limitation of liability; agreements; implementation andoversight by private engineering and consulting firms.
(a) No one owner,operator, or other responsible party who voluntarily participates in theimplementation of a remedial action program under G.S. 130A‑310.3 or G.S.130A‑310.5 may be required to pay in excess of five million dollars($5,000,000) for the cost of implementing a remedial action program at a singleinactive hazardous substance or waste disposal site. The owner, operator, orother responsible party who voluntarily participates in the implementation of aremedial action program under G.S. 130A‑310.3 or G.S. 130A‑310.5shall be required to pay in addition to the cost of implementing the remedial actionprogram a fee of one thousand dollars ($1,000) to be used for the Department'scost of monitoring and enforcing the remedial action program. The limitation ofliability contained in this subsection applies to the cost of implementing theprogram and to the fee under this subsection. The limitation of liabilitycontained in this subsection does not apply to the cost of developing theremedial action plan.
(b) The Secretary mayenter into an agreement with an owner, operator, or other responsible party thatprovides for implementation of a voluntary remedial action program inaccordance with a remedial action plan approved by the Department.Investigations, evaluations, and voluntary remedial actions are subject to theprovisions of G.S. 130A‑310.1(c), 130A‑310.1(d), 130A‑310.3(d),130A‑310.3(f), 130A‑310.5, 130A‑310.8, and any otherrequirement imposed by the Department. A voluntary remedial action and alldocuments that relate to the voluntary remedial action shall be fully subjectto inspection and audit by the Department. At least 30 days prior to enteringinto any agreement providing for the implementation of a voluntary remedialaction program, the Secretary shall mail notice of the proposed agreement asprovided in G.S. 130A‑310.4(c)(2). Sites undergoing voluntary remedialactions shall be so identified as a separate category in the inventory of sitesmaintained pursuant to G.S. 130A‑310.1 but shall not be included on theInactive Hazardous Waste Sites Priority List required by G.S. 130A‑310.2.
(c) The Department mayapprove a private environmental consulting and engineering firm to implementand oversee a voluntary remedial action by an owner, operator, or otherresponsible party. An owner, operator, or other responsible party who entersinto an agreement with the Secretary to implement a voluntary remedial actionmay hire a private environmental consulting or engineering firm approved by theDepartment to implement and oversee the voluntary remedial action. A voluntaryremedial action that is implemented and overseen by a private environmentalconsulting or engineering firm shall be implemented in accordance with allfederal and State laws, regulations, and rules that apply to remedial actionsgenerally and is subject to rules adopted pursuant to G.S. 130A‑310.12(b).The Department may revoke its approval of the oversight of a voluntary remedialaction by a private environmental consulting or engineering firm and assumedirect oversight of the voluntary remedial action whenever it appears to theDepartment that the voluntary remedial action is not being properly implementedor is not being adequately overseen. The Department may require the owner,operator, other responsible party, or private environmental consulting orengineering firm to take any action necessary to bring the voluntary remedialaction into compliance with applicable requirements. (1987, c. 574, s. 2; 1989,c. 286, s. 7; 1993 (Reg. Sess., 1994), c. 598, s. 1; 1995, c. 327, s. 2; 1997‑394,s. 3; 2007‑107, s. 1.1(g); 2009‑451, s. 13.3C(a).)
§ 130A‑310.9. Voluntaryremedial actions; limitation of liability; agreements; implementation andoversight by private engineering and consulting firms.
(a) No one owner,operator, or other responsible party who voluntarily participates in theimplementation of a remedial action program under G.S. 130A‑310.3 or G.S.130A‑310.5 may be required to pay in excess of five million dollars($5,000,000) for the cost of implementing a remedial action program at a singleinactive hazardous substance or waste disposal site. The owner, operator, orother responsible party who voluntarily participates in the implementation of aremedial action program under G.S. 130A‑310.3 or G.S. 130A‑310.5shall be required to pay in addition to the cost of implementing the remedial actionprogram a fee of one thousand dollars ($1,000) to be used for the Department'scost of monitoring and enforcing the remedial action program. The limitation ofliability contained in this subsection applies to the cost of implementing theprogram and to the fee under this subsection. The limitation of liabilitycontained in this subsection does not apply to the cost of developing theremedial action plan.
(b) The Secretary mayenter into an agreement with an owner, operator, or other responsible party thatprovides for implementation of a voluntary remedial action program inaccordance with a remedial action plan approved by the Department.Investigations, evaluations, and voluntary remedial actions are subject to theprovisions of G.S. 130A‑310.1(c), 130A‑310.1(d), 130A‑310.3(d),130A‑310.3(f), 130A‑310.5, 130A‑310.8, and any otherrequirement imposed by the Department. A voluntary remedial action and alldocuments that relate to the voluntary remedial action shall be fully subjectto inspection and audit by the Department. At least 30 days prior to enteringinto any agreement providing for the implementation of a voluntary remedialaction program, the Secretary shall mail notice of the proposed agreement asprovided in G.S. 130A‑310.4(c)(2). Sites undergoing voluntary remedialactions shall be so identified as a separate category in the inventory of sitesmaintained pursuant to G.S. 130A‑310.1 but shall not be included on theInactive Hazardous Waste Sites Priority List required by G.S. 130A‑310.2.
(c) The Department mayapprove a private environmental consulting and engineering firm to implementand oversee a voluntary remedial action by an owner, operator, or otherresponsible party. An owner, operator, or other responsible party who entersinto an agreement with the Secretary to implement a voluntary remedial actionmay hire a private environmental consulting or engineering firm approved by theDepartment to implement and oversee the voluntary remedial action. A voluntaryremedial action that is implemented and overseen by a private environmentalconsulting or engineering firm shall be implemented in accordance with allfederal and State laws, regulations, and rules that apply to remedial actionsgenerally and is subject to rules adopted pursuant to G.S. 130A‑310.12(b).The Department may revoke its approval of the oversight of a voluntary remedialaction by a private environmental consulting or engineering firm and assumedirect oversight of the voluntary remedial action whenever it appears to theDepartment that the voluntary remedial action is not being properly implementedor is not being adequately overseen. The Department may require the owner,operator, other responsible party, or private environmental consulting orengineering firm to take any action necessary to bring the voluntary remedialaction into compliance with applicable requirements. (1987, c. 574, s. 2; 1989,c. 286, s. 7; 1993 (Reg. Sess., 1994), c. 598, s. 1; 1995, c. 327, s. 2; 1997‑394,s. 3; 2007‑107, s. 1.1(g); 2009‑451, s. 13.3C(a).)
