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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 



1 e nvironment . How e v e r, feiie CommicEion chall ROt chang e febe 



2 priority ranking of a — facility or an abandoned cit e that — is — &et 



3 in a dry - cleaning — colvent r e m e diation agreement . 



4 (c) A potentially responsible party who petitions for 



5 certification of a facility or abandoned site shall provide the 



6 Commission with either of the following: 



7 (1) A propos e d dry - cloaning colv e nt aee e esm e nt 



8 agr ee ment &¥ dry - cloaning solv e nt r e m e diation 



9 agroomont or an indication written statement of the 



10 petitioner's intent to enter into an assessment 



11 agreement or remediation agreement. 



12 (2) A written statement of the petitioner's intent to 



13 conduct assessment and remediation activities 



14 pursuant to subsection (d) of this section. 



15 (d) A person who has access to property that is contaminated 



16 by dry-cleaning solvent and who has successfully petitioned for 



17 certification of the facility or abandoned site from which the 



18 contamination is believed to have resulted may undertake 



19 assessment or remediation of dry-cleaning solvent contamination 



20 located on the property consistent with the standards established 



21 by the Commission pursuant to G.S. 143-215 . 104D(b) ( 3 ) without 



22 first entering into a dry-cleaning solvent assessment agreement 



23 or a dry-cleaning solvent remediation agreement. No assessment or 



24 remediation activities undertaken pursuant to this subsection 



25 shall rely on standards that require the creation of land-use 

 25 restrictions. A person who undertakes assessment or remediation 



27 activities pursuant to this subsection shall provide the 



28 Commission prior written notice of the activity. Costs associated 



29 with assessment or remediation activities undertaken pursuant to 



30 this subsection shall not be eligible for reimbursement from the 



31 Fund. 



32 (e) The rejection of any petition filed pursuant to this 



33 section shall not affect the rights of any other petitioner, 



34 other than any parent, subsidiary, or other affiliate of the 



35 petitioner, under this Part. The rejection of a petition or the 



36 decertification of a facility or abandoned site may be the basis 



37 for rejection of a petition by any parent, subsidiary, or other 



38 affiliate of the petitioner for the facility or abandoned site." 



39 Section 9. G.S. 143-215. 104H reads as rewritten: 



40 "§ 143-215. 104H. (Effective January 1, 1999; repealed effective 

 4 1 January 1, 2012) Dry-Cleaning Solvent Assessment Agreements. 



42 (a) Assessment Agreements. — One or more potentially 



43 responsible parties may petition the Commission to enter into a 



44 dry-cleaning solvent assessment agreement regarding a facility or 



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