GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 



1 provide interim alternative sources of drinking water to third 



2 parties affected by dry-cleaning solvent contamination resulting 



3 from a release at the facility or abandoned site. The cost of any 



4 of these actions shall be paid from the Fund. The Department or 



5 private contractor shall keep a record of all expenses incurred 



6 for personnel and for the use of equipment and materials and all 



7 other expenses of developing and implementing the remediation 



8 plan. 



9 (b) The Commission shall request the Attorney General to 



10 commence a civil action to secure reimbursement of costs incurred 



11 under this cubcoction . section. 



12 (c) In the event a civil action is commenced pursuant to this 



13 Part to recover monies paid from the Fund, the Commission may 



14 recover, in addition to any amount due, the costs of the action, 



15 including reasonable attorneys' fees and investigation expenses. 



16 Any monies received or recovered as reimbursement shall be paid 



17 into the Fund or other source from which the expenditures were 



18 made." 



19 Section 16. Section 5 of S.L. 1997-392 reads as 



20 rewritten: 



21 "Section 5. This act constitutes a recent act of the General 



22 Assembly within the meaning of G.S. 150B-21.1. The Environmental 



23 Management Commission may adopt temporary rules to implement this 



24 act until 1 January 1999 . 30 June 2001. " 



25 Section 17. Section 7 of S.L. 1997-392 reads as 



26 rewritten: 



27 "Section 7. (a) Any person who undertakes assessment or 



28 remediation of dry-cleaning solvent contamination pursuant to *ft 



29 a notice of violation or enforcement action by the Department of 



30 Environmont, — H e alth, Environment and Natural Resources during the 



31 period beginning 1 October 1997 and 1 January 1999 ending 30 June 



32 2001 may, on or after 4 January 1999 30 June 2001 seek 



33 reimbursement from the Dry-Cleaning Solvent Cleanup Fund for any 



34 costs exceeding fifty thousand dollars ($50,000). The Commission 



35 shall reimburse costs if it finds that the costs incurred were 



36 (i) appropriately documented and reasonably necessary to assess 



37 or remediate the dry-cleaning solvent contamination; (ii) for any 



38 of the activities described in subdivisions (1) through (7) of 



39 G.S. 143-215. 104N(a) ; (iii) not subject to any of the limitations 



40 in subdivisions (4) or (5) through (9) of G.S, 143-2 15 . 104N(b) ; 



41 and ( iv ) not reimbursable from pollution and remediation legal 



42 liability insurance; and (v) required by a notice of violation or 



43 a specific order of the Department of Environm e nt, Health, 



44 Environment and Natural Resources issued on or after 30 June 



ERCOO-SBXZ-005.02 Page 19 



