I 



GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 



1 (c) Requirement for Property Owners. -- In addition to the 



2 information required by subsection (b) of this section, a 



3 petitioner who is the owner of the property on which the 



4 dry-cleaning solvent contamination identified in the petition is 



5 located shall provide the Commission a written agreement 



6 authorizing the Commission or its agent to have access to the 



7 property for purposes of conducting assessment or remediation 



8 activities or determining whether assessment or remediation 



9 activities are being conducted in compliance with this Part and 



10 any assessment agreement or remediation agreement. 



11 (cl) Costs incurred by the petitioner for activities to 



12 obtain certification of a facility or site shall not be 



13 reimbursable from the Fund. 



14 (d) The Commission shall reject any petition made pursuant 



15 to this Part in any of the following circumstances: 



16 (1) The petitioner is an owner or operator of the 



17 facility described in the petition and the facility 



18 was not being operated in compliance with minimum 



19 management practices adopted by the Commission 



20 pursuant to G.S. 143-2 15 . 104D(b) ( 2 ) at the time the 



21 contamination was discovered. | 



22 (2) The petitioner is an owner or operator of the 



23 facility described in the petition and the 



24 petitioner owed delinquent taxes under Article 5D 

 2 5 of Chapter 105 of the General Statutes at the time 



26 the dry-cleaning solvent contamination was 



27 discovered. 



28 (e) The Commission may reject any petition made pursuant to 



29 this Part in any of the following circumstances: 



30 ( 1 ) The petitioner fails to provide the information 



31 required by subsection (b) of this section. 



32 (2) The petitioner falsified any information in its 



33 petition that was material to the determination of 



34 the priority ranking, the nature, scope and extent 



35 of contamination to be assessed or remediated, or 



36 the appropriate means to contain and remediate the 



37 contaminants. 



38 (f) Financial Responsibility Requirements. -- Each 



39 potentially responsible person who petitions the Commission to 

 4 e nt e r into a dry - cleaning solv e nt aee e scment agroom e nt &f- 



4 1 dry - cl e aning — solv e nt romodiation agroomont certify a facility or 



42 abandoned site shall accept written responsibility in the amount 



43 specified in this section for the assessment or remediation of 



44 the dry-cleaning solvent contamination identified in the 



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