GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 



1 health or environmental hazards at the 



2 contamination site. 



3 (8) Cocts The costs to be incurred in connection with 



4 the assessment activities contemplated by the 



5 assessment agreement are reasonable and necessary. 



6 (9) P e tition e r The petitioner has obtained the consent 



7 of other property owners to enter into their 



8 property for the purpose of conducting assessment 



9 activities specified in the assessment agreement. 



10 (b) The terms and conditions of an assessment agreement 



11 regarding dry-cleaning solvent contamination shall be guided by 



12 and consistent with the rules adopted by the Commission pursuant 



13 to G.S. 143-215. 104D and the reimbursement authorities and 



14 limitations set out in this Part. An assessment agreement shall, 



15 subject to the availability of monies from the Fund: 



16 -f4-)- Spocify the dat e on which remediation will begin . 



17 ( la) Require that the petitioner shall be liable to the 



18 Fund for an amount equal to the difference, if any, 



19 between the applicable amount of financial 



20 responsibility established by G.S. 143-215. 104F and 



21 the amount reasonably paid by the petitioner for 



22 assessment or remediation activities of the type 



23 specified in G.S. 143-215 . 104N( a )( 1 ) through (7) 



24 and otherwise consistent with the requirements of 



25 this Part. 



26 (2) Provide for the prompt reimbursement of response 



27 costs incurred in assessment activities that are 



28 found by the Commission to be consistent with the 



29 assessment agreement and this Part. 



30 (c) The Commission may refuse to enter into a dry-cleaning 



31 solvent assessment agreement with any petitioner if: 



32 (1) The petitioner will not accept financial 



33 responsibility for the share of the response costs 



34 required by G.S. 143-215 . 104F. 



35 (2) The petitioner will not accept responsibility for 



36 conducting, supervising, or otherwise undertaking 



37 assessment activities required by the Commission. 



38 (3) The petitioner fails to provide any information 



39 required by subsection (a) of this section. 



40 (d) The refusal of the Commission to enter into a dry-cleaning 



41 solvent assessment agreement with any petitioner shall not affect 



42 the rights of any other petitioner under this Part, except that 



43 the refusal may be the basis for rejection of a petition by any 



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