State Codes and Statutes
Statutes > North-carolina > Chapter_143 > GS_143-215_104O§ 143‑215.104O. (Repealed effective January 1, 2012 See notes) Remediation of uncertifiedsites.
(a) In the event the owner or operator of a facility or thecurrent owner of an abandoned site cannot be identified or located,unreasonably refuses to enter into either an assessment agreement orremediation agreement or cannot be made to comply with the provisions of anassessment agreement or remediation agreement between the petitioner and theCommission, the Commission may direct the Department or a private contractorengaged by the Commission to use staff, equipment, or materials under thecontrol of the Department or contractor or provided by other cooperatingfederal, State, or local agencies to develop and implement a plan for abatementof an imminent hazard, or to provide interim alternative sources of drinkingwater to third parties affected by dry‑cleaning solvent contaminationresulting from a release at the facility or abandoned site. The cost of any ofthese actions shall be paid from the Fund. The Department or private contractorshall keep a record of all expenses incurred for personnel and for the use ofequipment and materials and all other expenses of developing and implementingthe remediation plan.
(b) The Commission shall request the Attorney General tocommence a civil action to secure reimbursement of costs incurred under thissection.
(c) In the event a civil action is commenced pursuant to thisPart to recover monies paid from the Fund, the Commission may recover, inaddition to any amount due, the costs of the action, including reasonableattorneys' fees and investigation expenses. Any monies received or recovered asreimbursement shall be paid into the Fund or other source from which theexpenditures were made. (1997‑392, s. 1; 2000‑19, s. 15.)
