GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 



1 section. The restrictions must be agreed to by the owner of the 



2 real property, included in a remedial action plan for the site 



3 that has been approved by the Secretary, and implemented as a 



4 part of the remedial action program for the site. The Secretary 



5 may approve restrictions included in a remedial action plan in 



6 accordance with standards that the Secretary determines to be 



7 applicable to the site. i4- Except as provided in subsection (b) 



8 of this section, if the remedial action is risk-based or will not 



9 require that the site meet current standards, as defined in G.S. 



10 130A-310.31, the remedial action plan must include an agreement 



11 by the owner, operator, or other responsible party to record 



12 approved land-use restrictions that meet the requirements of this 



13 section as provided in G.S. 143B-279.10. Restrictions may apply 



14 to activities on, over, or under the land, including, but not 



15 limited to, use of groundwater, building, filling, grading, 



16 excavating, and mining. Any approved restriction shall be 



17 enforced by any owner, operator, or other party responsible for 



18 the contaminated site. Any land-use restriction may also be 



19 enforced by the Department through the remedies provided by any 



20 provision of law that is implemented or enforced by the 



21 Department or by means of a civil action. The Department may 



22 enforce any land-use restriction without first having exhausted 



23 any available administrative remedies. A land-use restriction 



24 may also be enforced by any unit of local government having 



25 jurisdiction over any part of the site. A land-use restriction 



26 shall not be declared unenforceable due to lack of privity of 



27 estate or contract, due to lack of benefit to particular land, or 



28 due to lack of any property interest in particular land. Any 



29 person who owns or leases a property subject to a land-use 



30 restriction under this Part shall abide by the land-use 



31 restriction. 



32 (b) Subsection (a) of this section shall not apply to a 

 3 3 risk-based remedial action plan for the cleanup of environmental 

 34 damage resulting from a discharge or release of petroleum from an 

 3 5 underground storage tank pursuant to Part 2A of Article 21A of 



36 Chapter 143 of the General Statutes. 



37 Section 2. G.S. 143B-279 . 10 ( f ) reads as rewritten: 



38 "(f) A Notice of Contaminated Site filed pursuant to this 



39 section may, shall , at the request of the owner of the land, be 



40 cancelled by the Secretary after the contamination has been 



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