State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_143B > GS_143B-279_11

§ 143B‑279.11.  Recordation of residualpetroleum from an underground storage tank.

(a)        The definitions set out in G.S. 143‑215.94A and G.S.143B‑279.9 apply to this section. This section applies only to a cleanuppursuant to a remedial action plan that addresses environmental damageresulting from a discharge or release of petroleum from an underground storagetank pursuant to Part 2A of Article 21A of Chapter 143 of the General Statutes.

(b)        The owner, operator, or other person responsible for adischarge or release of petroleum from an underground storage tank shallprepare and submit to the Department a proposed Notice that meets therequirements of this section. The proposed Notice shall be submitted to theDepartment (i) before the property is conveyed, or (ii) when the owner,operator, or other person responsible for the discharge or release requeststhat the Department issue a determination that no further action is requiredunder the remedial action plan, whichever first occurs. The Notice shall be entitled"NOTICE OF RESIDUAL PETROLEUM". The Notice shall include adescription that would be sufficient as a description in an instrument ofconveyance of the (i) real property on which the source of contamination islocated and (ii) any real property on which contamination is located at thetime the remedial action plan is approved and that was owned or controlled byany owner or operator of the underground storage tank or other responsibleparty at the time the discharge or release of petroleum is discovered orreported or at any time thereafter. The Notice shall identify the location ofany residual petroleum known to exist on the real property at the time theNotice is prepared. The Notice shall also identify the location of any residualpetroleum known, at the time the Notice is prepared, to exist on other realproperty that is a result of the discharge or release. The Notice shall set outany restrictions on the current or future use of the real property that areimposed by the Secretary pursuant to G.S. 143B‑279.9(b) to protect publichealth, the environment, or users of the property.

(c)        If the contamination is located on more than one parcel ortract of land, the Department may require that the owner, operator, or otherperson responsible for the discharge or release prepare a composite map or platthat shows all parcels or tracts. If the contamination is located on one parcelor tract of land, the owner, operator, or other person responsible for thedischarge or release may prepare a map or plat that shows the parcel but is notrequired to do so. A map or plat shall be prepared and certified by aprofessional land surveyor, shall meet the requirements of G.S. 47‑30,and shall be submitted to the Department for approval. When the Department hasapproved a map or plat, it shall be recorded in the office of the register ofdeeds and shall be incorporated into the Notice by reference.

(d)        The Department shall review the proposed Notice to determinewhether the Notice meets the requirements of this section and rules adopted toimplement this section and shall provide the owner, operator, or other personresponsible for the discharge or release of petroleum from an undergroundstorage tank with a notarized copy of the approved Notice. After the Departmentapproves the Notice, the owner, operator, or other person responsible for thedischarge or release of petroleum from an underground storage tank shall file anotarized copy of the approved Notice in the register of deeds office in thecounty or counties in which the real property is located (i) before theproperty is conveyed or (ii) within 30 days after the owner, operator, or otherperson responsible for the discharge or release receives notice from theDepartment that no further action is required under the remedial action plan,whichever first occurs. If the owner, operator, or other person responsible forthe discharge or release fails to file the Notice as required by this section,any determination by the Department that no further action is required is void.The owner, operator, or other person responsible for the discharge or release,may record the Notice required by this section without the agreement of theowner of the real property. The owner, operator, or other person responsiblefor the discharge or release shall submit a certified copy of the Notice asfiled in the register of deeds office to the Department.

(e)        The register of deeds shall record the notarized copy of theapproved Notice and index it in the grantor index under the names of the ownersof the real property.

(f)         In the event that the owner, operator, or other personresponsible for the discharge or release fails to submit and file the Noticerequired by this section within the time specified, the Secretary may prepareand file the Notice. The costs thereof may be recovered by the Secretary fromany responsible party. In the event that an owner of the real property who isnot a responsible party submits and files the Notice required by this section,the owner may recover the reasonable costs thereof from any responsible party.

(g)        A Notice filed pursuant to this section shall, at therequest of the owner of the real property, be cancelled by the Secretary afterthe residual petroleum has been eliminated or remediated to unrestricted use standards.If requested in writing by the owner of the land, the Secretary shall send tothe register of deeds of each county where the Notice is recorded a statementthat the residual petroleum has been eliminated, or that the residual petroleumhas been remediated to unrestricted use standards, and request that the Noticebe cancelled of record. The Secretary's statement shall contain the names ofthe owners of the land as shown in the Notice and reference the plat book andpage where the Notice is recorded. The register of deeds shall record theSecretary's statement in the deed books and index it on the grantor index inthe names of the owners of the real property as shown in the Notice and on thegrantee index in the name "Secretary of Environment and NaturalResources". The register of deeds shall make a marginal entry on theNotice showing the date of cancellation and the book and page where theSecretary's statement is recorded, and the register of deeds shall sign theentry. If a marginal entry is impracticable because of the method used torecord, the register of deeds shall not be required to make a marginal entry. (2001‑384, s. 3; 2002‑90, ss. 3‑5.)