GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 



1 "(g) The terms and conditions of a dry-cleaning solvent 



2 remediation agreement concerned with dry-cleaning solvent 



3 contamination shall be guided by and consistent with the rules 



4 adopted by the Commission pursuant to G.S. 143-215. 104D and the 



5 reimbursement authorities and limitations set out in this Part. A 



6 remediation agreement shall provide, subject to availability of 



7 monies in the Fund, for prompt reimbursement of response costs 



8 incurred in assessment or remediation activities that are found 



9 by the Commission to be consistent with the remediation agreement 



10 and this Part. A remediation agreement may provide for the 



1 1 Commission to conduct assessment and remediation activities at 



12 the site . " 



13 Section 14. (a) G.S. 14 3-2 1 5 . 104N( b ) ( 3 ) reads as 



14 rewritten: 



15 "(3) ^^o*^ costs bof ore funds availabl e through fehe 



16 financial — r e cponcibility — d e monstrat e d — by — febe — own e r 



17 Q-e — operator — &f — febe — facility — &t^ — abandon e d — cit e 



18 pursuant to G . S . — 143 - 3 15 . 104FE and for costs at a 



19 contamination site for which funds obligated by 



20 petitioners pursuant to a dry-cleaning solvent 



21 assessment agreement or dry-cleaning solvent 



22 remediation agreement in accordance with G.S. 



23 143-214 . 104F( f) are e xhaust e d , overdue. " 



24 (b) G.S. 143-215. 104N(c) reads as rewritten: 



25 "(c) The Commission shall not pay or reimburse any response 



26 costs arising from a dry-cleaning solvent assessment agreement or 



27 dry-cleaning solvent remediation agreement until the petitioners 



28 who are party to the agreement have e xhauctod — febe — financial 



29 r e courcoc — mad e — available — under paid all sums due thereunder. 



30 G . S . 143 -. 315 . 1G4E and G . S . 143 215 . 104F ." 



31 Section 15. G.S. 143-215.1040 reads as rewritten: 



32 "§ 143-215.1040. (Repealed effective January 1, 2012) 



33 Remediation of uncertified sites. 



34 (a) In the event the owner or operator of a facility or the 



35 current owner of an abandoned site cannot be identified or 



36 located, unreasonably refuses to enter into either an assessment 



37 agreement or remediation agreement or cannot be made to comply 



38 with the provisions of an assessment agreement or remediation 



39 agreement between the petitioner and the Commission, the 



40 Commission may direct the Department or a private contractor 



41 engaged by the Commission to use staff, equipment, or materials 



42 under the control of the Department or contractor or provided by 

 4 3 other cooperating federal, State, or local agencies to develop 

 44 and implement a plan for abatement of an imminent hazard, or to 



D^rio 1 R 



FRrOO-SBXZ-005.02 



