(^ An intentional act or omis s ion of a third part>' (but thi s defense shall 

 not b e available if the act or omission is that of an e mploy ee or ag e nt 

 of th e defendant, or if the act or omis s ion occur s in corm e ction with a 

 contractual relationship with th e d e f e ndant); or 

 (4) i\ny combination of th e above cau s es. 

 The State shall have a lien on any property with respect to which the State has 

 unrecovered costs for a response, remedial action, or natural resources restoration. The 

 amount of the lien shall be the amount of the unrecovered costs. A lien under this 

 subsection shall be superior to all other liens on the property. 



(c) The definitions set out in G.S. 130A-3 10.3 1(b) apply to this subsection. Any 

 person may submit a written request to the Department for a determination that a site 

 that is subject to this Part has been remediated to unrestricted use standards as provided 

 in Part 5 of Article 9 of Chapter BOA of the General Statutes. A request for a 

 determination that a site has been remediated to imrestricted use standards shall be 

 accompanied by a fee required by G.S. 130A-3 10.39(a)(2). If the Department 

 determines that the site has been remediated to unrestricted use standards, the 

 Department shall issue a written notification that no further remediation will be required 

 at the site. The notification shall state that no further remediation will be required at the 

 site unless the Department later determines, based on new information or information 

 not previously provided to the Department, that the site L^ not been remediated to 

 unrestricted use standards or that the Department was provided with false or incomplete 

 information. Under any of those circumstances, the Department may withdraw the 

 notification and require responsible parties to remediate the site to imrestricted use 

 standards." 



SECTION 5. G.S. 143-215.3 is amended by adding a new subsection to 

 read: 



" (g) The provisions of subdivisions (a), (al), (a2). (a3). (a4). and (b) of G.S. BOA- 

 SI 0.7 govern responsibility for a release, discharge, deposit, or disposal of oil, 

 hazardous substances, waste, or other contaminants regulated under this Article or under 

 Article 21 A of this Chapter, including any release or discharge of petroleum fi-om an 

 31 imderground storage tank or an above ground storage tank. " 



SECTION 6. G.S. 130A-310.31(b)(3) reads as rewritten: 

 "(3) "Brownfields property* or 'brownfields site' means abandoned, idled, or 

 underused property at which expansion or redevelopment is hindered 

 by actual environmental contamination or the possibility of 

 enviroimiental contamination and that is or may be subject to 

 remediation und e r any under: 



a. Any State remedial program oth e r than Part 2 A of Articl e 21 A 

 of Chapt e r 1 4 3 of th e G e n e ral Statut e s or that is or may b e 

 subj e ct to r e m e diation und e r th e p rogram or 



b. The Comprehensive Environmental Response, Compensation 

 and Liability Act of 1980, as amended (12 U.S.C. § 9601 e t 

 segr^ ramended. (42. U.S.C. § 9601 et seq.) except for property 



45 



