§ 143‑215.104C. (Repealed effective January 1, 2012 See notes) Dry‑Cleaning SolventCleanup Fund.
(a) Creation. The Dry‑CleaningSolvent Cleanup Fund is established as a special revenue fund to beadministered by the Commission. Accordingly, revenue in the Fund at the end ofa fiscal year does not revert and interest and other investment income earnedby the Fund must be credited to it. The Fund is created to provide revenue toimplement this Part.
(b) Sources of Revenue. The following revenue is credited to the Fund:
(1) Dry‑cleaningsolvent taxes collected under Article 5D of Chapter 105 of the GeneralStatutes.
(2) Recoveries madepursuant to G.S. 143‑215.104N and G.S. 143‑215.104O.
(3) Gifts and grantsmade to the Fund.
(4) Revenues credited tothe Fund under G.S. 105‑164.44E.
(5) Application feespursuant to G.S. 143‑215.104F(a1).
(c) Disbursements. Aclaim filed against the Fund may be paid only from monies in the Fund and onlyin accordance with the provisions of this Part. Any obligation to pay claimsagainst the Fund shall be expressly contingent upon availability of monies inthe Fund. Neither the State nor any of its agencies shall have any obligationto pay any costs for which monies are not available in the Fund. The provisionsof this Part shall not constitute a contract, either express or implied, to paycosts in excess of the monies available in the Fund. In making disbursementsfrom the Fund, the Commission shall obligate monies to facilities or sites withhigher priority before facilities or sites of lower priority, and facilities orsites with equal priority in the order in which the facilities or sites wereprioritized until the revenue is exhausted. Consistent with the provisions ofthis Part, the Commission may disburse monies from the Fund to abate imminenthazards by dry‑cleaning solvent contamination at abandoned dry‑cleaningfacility sites that have not been certified. Up to twenty percent (20%) of theamount of revenue credited to the Fund in a year may be used to defray costs incurredby the Department and the Attorney General's Office in connection withadministration of the program described in this Part, including oversight ofresponse activities.
(d) Up to one percent(1%) of the amount of the Fund balance may be used by the Department in eachfiscal year for investigation of inactive hazardous substance disposal sitesthat the Department reasonably believes to be contaminated by dry‑cleaningsolvent. If the contamination is determined to originate from a dry‑cleaningfacility, a potentially responsible party may petition for certification of thefacility or abandoned facility site. Acceptance of a petition shall beconditioned upon the written acceptance by the petitioner of responsibility forthe costs of investigation incurred by the Department pursuant to thissubsection. Costs of investigation that are recovered pursuant to thissubsection shall not exceed, and shall be credited toward, the financialresponsibility of the petitioner pursuant to G.S. 143‑215.104F(f). If a potentiallyresponsible party does not petition for certification of the facility orabandoned facility site, the Commission may request the Attorney General tocommence a civil action to secure reimbursement of costs incurred under thissubsection. (1997‑392,s. 1; 2000‑19, ss. 2, 5, 5.1‑5.3; 2007‑530, s. 2.)
§ 143‑215.104C. (Repealed effective January 1, 2012 See notes) Dry‑Cleaning SolventCleanup Fund.
(a) Creation. The Dry‑CleaningSolvent Cleanup Fund is established as a special revenue fund to beadministered by the Commission. Accordingly, revenue in the Fund at the end ofa fiscal year does not revert and interest and other investment income earnedby the Fund must be credited to it. The Fund is created to provide revenue toimplement this Part.
(b) Sources of Revenue. The following revenue is credited to the Fund:
(1) Dry‑cleaningsolvent taxes collected under Article 5D of Chapter 105 of the GeneralStatutes.
(2) Recoveries madepursuant to G.S. 143‑215.104N and G.S. 143‑215.104O.
(3) Gifts and grantsmade to the Fund.
(4) Revenues credited tothe Fund under G.S. 105‑164.44E.
(5) Application feespursuant to G.S. 143‑215.104F(a1).
(c) Disbursements. Aclaim filed against the Fund may be paid only from monies in the Fund and onlyin accordance with the provisions of this Part. Any obligation to pay claimsagainst the Fund shall be expressly contingent upon availability of monies inthe Fund. Neither the State nor any of its agencies shall have any obligationto pay any costs for which monies are not available in the Fund. The provisionsof this Part shall not constitute a contract, either express or implied, to paycosts in excess of the monies available in the Fund. In making disbursementsfrom the Fund, the Commission shall obligate monies to facilities or sites withhigher priority before facilities or sites of lower priority, and facilities orsites with equal priority in the order in which the facilities or sites wereprioritized until the revenue is exhausted. Consistent with the provisions ofthis Part, the Commission may disburse monies from the Fund to abate imminenthazards by dry‑cleaning solvent contamination at abandoned dry‑cleaningfacility sites that have not been certified. Up to twenty percent (20%) of theamount of revenue credited to the Fund in a year may be used to defray costs incurredby the Department and the Attorney General's Office in connection withadministration of the program described in this Part, including oversight ofresponse activities.
(d) Up to one percent(1%) of the amount of the Fund balance may be used by the Department in eachfiscal year for investigation of inactive hazardous substance disposal sitesthat the Department reasonably believes to be contaminated by dry‑cleaningsolvent. If the contamination is determined to originate from a dry‑cleaningfacility, a potentially responsible party may petition for certification of thefacility or abandoned facility site. Acceptance of a petition shall beconditioned upon the written acceptance by the petitioner of responsibility forthe costs of investigation incurred by the Department pursuant to thissubsection. Costs of investigation that are recovered pursuant to thissubsection shall not exceed, and shall be credited toward, the financialresponsibility of the petitioner pursuant to G.S. 143‑215.104F(f). If a potentiallyresponsible party does not petition for certification of the facility orabandoned facility site, the Commission may request the Attorney General tocommence a civil action to secure reimbursement of costs incurred under thissubsection. (1997‑392,s. 1; 2000‑19, ss. 2, 5, 5.1‑5.3; 2007‑530, s. 2.)
§ 143‑215.104C. (Repealed effective January 1, 2012 See notes) Dry‑Cleaning SolventCleanup Fund.
(a) Creation. The Dry‑CleaningSolvent Cleanup Fund is established as a special revenue fund to beadministered by the Commission. Accordingly, revenue in the Fund at the end ofa fiscal year does not revert and interest and other investment income earnedby the Fund must be credited to it. The Fund is created to provide revenue toimplement this Part.
(b) Sources of Revenue. The following revenue is credited to the Fund:
(1) Dry‑cleaningsolvent taxes collected under Article 5D of Chapter 105 of the GeneralStatutes.
(2) Recoveries madepursuant to G.S. 143‑215.104N and G.S. 143‑215.104O.
(3) Gifts and grantsmade to the Fund.
(4) Revenues credited tothe Fund under G.S. 105‑164.44E.
(5) Application feespursuant to G.S. 143‑215.104F(a1).
(c) Disbursements. Aclaim filed against the Fund may be paid only from monies in the Fund and onlyin accordance with the provisions of this Part. Any obligation to pay claimsagainst the Fund shall be expressly contingent upon availability of monies inthe Fund. Neither the State nor any of its agencies shall have any obligationto pay any costs for which monies are not available in the Fund. The provisionsof this Part shall not constitute a contract, either express or implied, to paycosts in excess of the monies available in the Fund. In making disbursementsfrom the Fund, the Commission shall obligate monies to facilities or sites withhigher priority before facilities or sites of lower priority, and facilities orsites with equal priority in the order in which the facilities or sites wereprioritized until the revenue is exhausted. Consistent with the provisions ofthis Part, the Commission may disburse monies from the Fund to abate imminenthazards by dry‑cleaning solvent contamination at abandoned dry‑cleaningfacility sites that have not been certified. Up to twenty percent (20%) of theamount of revenue credited to the Fund in a year may be used to defray costs incurredby the Department and the Attorney General's Office in connection withadministration of the program described in this Part, including oversight ofresponse activities.
(d) Up to one percent(1%) of the amount of the Fund balance may be used by the Department in eachfiscal year for investigation of inactive hazardous substance disposal sitesthat the Department reasonably believes to be contaminated by dry‑cleaningsolvent. If the contamination is determined to originate from a dry‑cleaningfacility, a potentially responsible party may petition for certification of thefacility or abandoned facility site. Acceptance of a petition shall beconditioned upon the written acceptance by the petitioner of responsibility forthe costs of investigation incurred by the Department pursuant to thissubsection. Costs of investigation that are recovered pursuant to thissubsection shall not exceed, and shall be credited toward, the financialresponsibility of the petitioner pursuant to G.S. 143‑215.104F(f). If a potentiallyresponsible party does not petition for certification of the facility orabandoned facility site, the Commission may request the Attorney General tocommence a civil action to secure reimbursement of costs incurred under thissubsection. (1997‑392,s. 1; 2000‑19, ss. 2, 5, 5.1‑5.3; 2007‑530, s. 2.)
