GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 



1 1996. No reimbursement may be paid pursuant to this section for 



2 dry-cleaning solvent contamination that did not result from 



3 operations at a dry-cleaning or wholesale distribution facility. 



4 Notwithstanding any other provision of this subsection, the 



5 Commission may by rule shorten the period during which costs 



6 subject to reimbursement pursuant to this subsection may be 



7 incurred. 



8 (b) Any person who, as of 4 — January — 1999, 30 June 2001, is 



9 undertaking assessment or remediation of dry-cleaning solvent 



10 contamination shall be eligible to petition the Commission to 



11 enter into a dry-cleaning solvent assessment agreement or 



12 dry-cleaning solvent remediation agreement with respect to the 



13 contamination. In calculating the required financial 



14 contribution of parties to any agreement, the Commission shall 



15 determine the reasonable cost of any necessary unreimbursed 



16 assessment or remediation activity undertaken by the parties with 



17 respect to the contamination site prior to 1 January 1999 30 June 



18 2001 and shall credit the amount toward any applicable financial 



19 responsibility limits established in G.S. 143-2 15 . 104F. 



20 Notwithstanding any other provision of this subsection, the 



2 1 Commission may by rule establish a different cutoff date for 

 2 2 assessment and remediation activities covered by this 



23 subsection. " 



24 Section 18. The Commission on Health Services shall 



25 adopt regulations which, notwithstanding any other provision of 



26 statute or rule, require that a person who generates wastes at a 



27 dry-cleaning facility or wholesale distribution facility that 



28 contains the solvents perchloroethylene, F-1,1,3, or 1,1/1 



29 trichloroethane ensures delivery of the wastes to a facility that 



30 is legally authorized to manage or recycle hazardous wastes 



31 containing these solvents; provided, however, that such rules 



32 shall not apply to the disposal of wastewater generated from the 



33 dry-cleaning process, which shall be regulated as otherwise 



34 provided by law. 



35 Section 19. If any section or provision of this act is 



36 declared unconstitutional or invalid by the courts, the 



37 unconstitutional or invalid section or provision does not affect 



38 the validity of this act as a whole or any part of this act other 



39 than the part declared to be unconstitutional or invalid. 



40 Section 20.{a)The Secretary of Environment and Natural 



41 Resources, with the assistance of a balanced working group of 



42 interested parties, shall do the following: 



43 ( 1 ) Identify dry-cleaning processes and equipment 



44 currently in use or under development; 



Panp 20 ERCOO-SBXZ-005.02 



