GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 



1 parent, subsidiary or other affiliate of the petitioner for the 



2 facility or abandoned site. 



3 (e) If the Commission determines from an assessment prepared 



4 pursuant to this Part that the degree of risk to public health or 



5 the environment resulting from dry-cleaning solvent contamination 



6 otherwise subject to assessment or remediation under this Part 



7 and Article 9 of Chapter 130A is acceptable in light of the 



8 criteria established pursuant to G.S. 143-2 15 . 104D(b) ( 3 ) and 



9 Article 9 of Chapter 130A, the Commission shall issue a written 



10 statement of its determination and notify the owner or operator 



11 of the facility or abandoned site responsible for the 



12 contamination that no cleanup, no further cleanup, or no further 



13 action is required in connection with the contamination. 



14 (f) If the Commission determines that no remediation or 



15 further action is required in connection with dry-cleaning 



16 solvent contamination otherwise subject to assessment or 



17 remediation pursuant to this Part and Article 9 of Chapter 130A, 



18 the Commission shall not pay or reimburse any response costs 



19 otherwise payable or reimbursable under this Part from the Fund 



20 other than costs reasonable and necessary to conduct the risk 



21 assessment pursuant to this section and in compliance with a 



22 dry-cleaning solvent assessment agreement." 



23 Section 10. G.S. 143-215 . 1041 ( a ) reads as rewritten: 



24 "(a) Upon the completion of assessment activities required by 



25 a dry-cleaning solvent assessment agreement, one or more 



26 potentially responsible parties may petition the Commission to 



27 enter into a dry-cleaning solvent remediation agreement for any 



28 contamination requiring remediation. The Commission may, in its 



29 discretion, enter into a remediation agreement with any 



30 petitioner who satisfies the requirements of this section and the 



31 applicable requirements of G.S. 143-2 15 . 104F. If more than one 



32 potentially responsible party petitions the Commission, the 



33 Commission may enter into a single remediation agreement with one 



34 or more of the petitioners. The Commission shall not unreasonably 



35 refuse to enter into a remediation agreement pursuant to this 



36 section. The Commission may, in its discretion, enter into a 



37 remediation agreement that includes the assessment described in 



38 G.S. 143-215 . 104H. Petitioners shall provide the Commission with 



39 any information necessary to demonstrate that: 



4 4-^ 5*e — petition e r, and — *fty — parent, cubcidiary, &f^ 



4 1 other affiliate of the p e titioner hac cubctantially 



4 2 Gompl ' od with ; 



4 3 «Kr ¥be t e rms &i a«y dry-clGaning colvont 



4 4 accoccm e nt agroom e nt , dry - cl e aning colvent 



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