143-215.100. Oil refining facility permits. No facility which is to be used or is capable of being used for the purpose of refining oil shall be initiated or constructed after July 1, 1975, without a permit from the Secretary. (1975, c. 521, s. 2; 1977, c. 771, s. 4; 1987, c. 827, s. 154.)
143-215.101. Powers of the Secretary. The Secretary has the power to: (1) Adopt rules implementing this Part. Rules adopted under this Part may include the following matters: a. Requirements for submission of engineering reports, plans and specifications for the location and construction of oil terminal facilities. b. Establishment of procedures and methods of reporting discharges […]
143-215.102. Penalties. (a) Civil Penalty. – Any person who violates any provision of this Part, or any rule, regulation or order made pursuant to this Part, shall incur, in addition to any other penalty provided by law, a civil penalty in an amount not to exceed ten thousand dollars ($10,000) for every such violation, the […]
143-215.103. Definitions. As used in this Part, unless the context otherwise requires: (1) "Discharge" shall mean leakage, seepage, or other release. (2) "Hazardous materials" shall mean oil, low-level radioactive waste, and all materials and substances which are now or hereafter defined as toxic or hazardous by any State or federal law or by the regulations […]
143-215.104. Limited liability for volunteers in hazardous material abatement. Any person who provides assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous materials, or in preventing, cleaning up, or disposing of or in attempting to prevent, clean up or dispose of any such discharge, when […]
143-215.104A. Title; sunset. This part is the "Dry-Cleaning Solvent Cleanup Act of 1997" and may be cited by that name. This part expires January 1, 2032, except with respect to all of the following: (1) G.S. 143-215.104K does not expire to the extent that it applies to liability arising from dry-cleaning solvent contamination described in […]
143-215.104AA. Standards for petroleum releases from aboveground storage tanks and other sources. (a) Legislative Findings and Intent. (1) The General Assembly finds the following: a. Risk-based corrective action gives the State flexibility in requiring different levels of cleanup based on scientific analysis of different site characteristics and allowing no action or no further action at […]
143-215.104B. (Expires January 1, 2032 – see notes) Definitions. (a) Unless a different meaning is required by the context or unless a different meaning is set out in subsection (b) of this section, the definitions in G.S. 143-215.77, 130A-2, and 130A-290 apply throughout this Part. (b) Unless a different meaning is required by the context, […]
143-215.104C. (Expires January 1, 2032 – see notes) Dry-Cleaning Solvent Cleanup Fund. (a) Creation. – The Dry-Cleaning Solvent Cleanup Fund is established as a special revenue fund to be administered by the Commission. Accordingly, revenue in the Fund at the end of a fiscal year does not revert. The Fund is created to provide revenue […]
143-215.104D. (Expires January 1, 2032 – see notes) Powers of the Commission. (a) Administrative Functions. – The Commission may delegate any or all of the powers enumerated in this subsection to the Department. The Commission shall: (1) Accept petitions for certification and petitions to enter into dry-cleaning solvent assessment agreements or remediation agreements under this […]
143-215.104F. (Expires January 1, 2032 – see notes) Requirements for certification, assessment agreements, and remediation agreements. (a) General Requirements. – Any person petitioning for certification of a facility or an abandoned site pursuant to G.S. 143-215.104G, for a dry-cleaning solvent assessment agreement pursuant to G.S. 143-215.104H, or for a dry-cleaning solvent remediation agreement pursuant to […]
143-215.104G. (Expires January 1, 2032 – see notes) Certification of facilities and abandoned sites. (a) A potentially responsible party may petition the Commission to certify a facility or abandoned site where a release of dry-cleaning solvent has occurred. The Commission shall certify the facility or abandoned site if the petitioner meets the applicable requirements of […]
143-215.104H. (Expires January 1, 2032 – see notes) Dry-Cleaning Solvent Assessment Agreements. (a) Assessment Agreements. – One or more potentially responsible parties may petition the Commission to enter into a dry-cleaning solvent assessment agreement regarding a facility or abandoned site that has been certified pursuant to G.S. 143-215.104G. The Commission may, in its discretion, enter […]
143-215.104I. (Expires January 1, 2032 – see notes) Dry-Cleaning solvent remediation agreements. (a) Upon the completion of assessment activities required by a dry-cleaning solvent assessment agreement, one or more potentially responsible parties may petition the Commission to enter into a dry-cleaning solvent remediation agreement for any contamination requiring remediation. The Commission may, in its discretion, […]
143-215.104J. (Expires January 1, 2032 – see notes) Decertification; termination of assessment agreements and remediation agreements. (a) The Commission may decertify a facility or abandoned site or renegotiate or terminate an assessment agreement or remediation agreement with respect to any party thereto in the following circumstances: (1) The owner or operator of the facility, at […]
143-215.104K. (Expires January 1, 2032 – see notes) Liability protection. (a) A potentially responsible party who enters into an assessment agreement or remediation agreement with the Commission and who is complying with the agreement shall not be held liable for assessment or remediation of areas of contamination identified in the agreement except as specified in […]
143-215.104L. (Expires January 1, 2032 – see notes) Public notice and community involvement. (a) If a petitioner desires to enter into a dry-cleaning solvent remediation agreement based on remediation standards that rely on the creation of land-use restrictions, or on the use of State or local land-use controls, the Commission or the Commission’s private contractor […]
143-215.104M. (Expires January 1, 2032 – see notes) Notice of Dry-Cleaning Solvent Remediation; land-use restrictions in deeds. (a) Land-Use Restriction. – In order to reduce or eliminate the danger to public health or the environment posed by a dry-cleaning solvent contamination site, the owner of property upon which dry-cleaning solvent contamination has been discovered may […]
143-215.104N. (Expires January 1, 2032 – see notes) Disbursement of dry-cleaning solvent assessment and remediation costs; limitations; cost recovery. (a) Allowable Costs. – To the extent monies are available in the Fund, the Commission shall pay for reasonable and necessary assessment and remediation activities at a contamination site associated with a certified facility or a […]
143-215.104O. (Expires January 1, 2032 – see notes) Remediation of uncertified sites. (a) In the event the owner or operator of a facility or the current owner of an abandoned site cannot be identified or located, unreasonably refuses to enter into either an assessment agreement or remediation agreement or cannot be made to comply with […]
