GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 



1 romediation — agroomGnt , — brownf ieldc — agr ee m e nt^ 



2 o*: oth e r similar agre e m e nt fee which feive 



3 p e titioner or any parent, — cubeidiary ; — or oth e r 



4 affiliate of the p e tition e r hac b ee n a party . 



5 b-^ The r e quiromontc applicable to any r e mediation 



6 4« which feiie potitionor h*s provrioucly 



7 ongagod . 



8 e-^ Federal and Stato lav/s, — regulations , — and rul e s 



9 for the protection of — the e nvironm e nt . 



10 ( 2 ) As a result of the remediation agreement, the 



11 contamination site will be suitable for the uses 



12 specified in the remediation agreement while fully 



13 protecting public health and the environment from 



14 dry-cleaning solvent contamination and any other 



15 contaminants included in the remediation agreement. 



16 (3) There is a public benefit commensurate with the 



17 liability protection provided under this Part. 



18 (4) The petitioner has or can obtain the financial, 



19 managerial, and technical means to fully implement 



20 the remediation agreement and assure the safe use 



21 of the contamination site. 



22 (5) The petitioner has complied with or will comply 



23 with all applicable procedural requirements. 



24 (6) The remediation agreement will not cause the 



25 Department to violate the terms and conditions 



26 under which the Department operates and administers 



27 remedial programs, including the programs 



28 established or operated pursuant to Article 9 of 



29 Chapter 130A of the General Statutes, by delegation 



30 or similar authorization from the United States or 



31 its departments or agencies, including the United 



32 States Environmental Protection Agency. 



33 (7) The priority ranking assigned to the facility or 



34 site is consistent with the rules adopted by the 



35 Commission or the adjuctod priority ranking that 



36 the petitioner agrees to accept is consistent with 



37 the rules adopted by the Commission. 



38 (8) The projected schedule for funding of remediation 



39 activitioc , — including roimburcomontc — from tho Fund . 

 4 activities . 



4 1 (9) The petitioner will continue to have available the 



42 financial resources necessary to satisfy the share 



43 of response costs imposed on the petitioner by G.S. 



44 143-215. 104F. 



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