§ 130A-301. Recordation of permits for disposal of waste on land and Notice of Open Dump.
§130A‑301. Recordation of permits for disposal of waste on land andNotice of Open Dump.
(a) Whenever theDepartment approves a permit for a sanitary landfill or a facility for thedisposal of hazardous waste on land, the owner of the facility shall be grantedboth an original permit and a copy certified by the Secretary. The permit shallinclude a legal description of the site that would be sufficient as adescription in an instrument of conveyance.
(b) The owner of afacility granted a permit for a sanitary landfill or a facility for thedisposal of hazardous waste on land shall file the certified copy of the permitin the office of the register of deeds in the county or counties in which theland is located.
(c) The register ofdeeds shall record the certified copy of the permit and index it in the grantorindex under the name of the owner of the land.
(d) The permit shallnot be effective unless the certified copy is filed as required undersubsection (b) of this section.
(e) When a sanitarylandfill or a facility for the disposal of hazardous waste on land is sold,leased, conveyed or transferred, the deed or other instrument of transfer shallcontain in the description section in no smaller type than that used in thebody of the deed or instrument a statement that the property has been used as asanitary landfill or a disposal site for hazardous waste and a reference bybook and page to the recordation of the permit.
(f) When theDepartment determines that an open dump exists, the Department shall notify theowner or operator of the open dump of applicable requirements to take remedialaction at the site of the open dump to protect public health and theenvironment. If the owner or operator fails to take remedial action, theDepartment may record a Notice of Open Dump in the office of the register ofdeeds in the county or counties where the open dump is located. Not less than30 days before recording the Notice of Open Dump, the Department shall notifythe owner or operator of its intention to file a Notice of Open Dump. TheDepartment may notify the owner or operator of its intention to file a Noticeof Open Dump at the time it notifies the owner or operator of applicablerequirements to take remedial action. An owner or operator may challenge adecision of the Department to file a Notice of Open Dump by filing a contestedcase under Article 3 of Chapter 150B of the General Statutes. If an owner oroperator challenges a decision of the Department to file a Notice of Open Dump,the Department shall not file the Notice of Open Dump until the contested caseis resolved, but may file a notice of pending litigation under Article 11 ofChapter 1 of the General Statutes. This power is additional and supplemental toany other power granted to the Department. This subsection does not repeal orsupersede any statute or rule requiring or authorizing record notice by theowner.
(1) The Department shallfile the Notice of Open Dump in the office of the register of deeds insubstantially the following form:
"NOTICEOF OPEN DUMP
TheDivision of Waste Management of the North Carolina Department of Environmentand Natural Resources has determined that an open dump exists on the propertydescribed below. The Department provides the following information regardingthis open dump as a public service. This Notice is filed pursuant to G.S. 130A‑301(f).
Name(s)of the record owner(s): _______________________________
Descriptionof the real property: _______________________________
Descriptionof the particular area where the open dump is located: ____
Anyperson who has questions regarding this Notice should contact the Division ofWaste Management of the North Carolina Department of Environment and NaturalResources. The contact person for this Notice is: ______________ who may bereached by telephone at ______________ or by mail at ______________. Requestsfor inspection and copying of public records regarding this open dump may bedirected to ______________ who may be reached by telephone at ______________ orby mail at ______________.
__________________________________________________________
Secretaryof Environment and Natural Resources by _______________________
Date:_________."
(2) The description ofthe particular area where the open dump is located shall be based on the bestinformation available to the Department but need not be a survey plat thatmeets the requirements of G.S. 47‑30 unless a survey plat that meetsthose requirements and that is approved by the Department is furnished by theowner or operator.
(3) The register ofdeeds shall record the Notice of Open Dump and index it in the grantor indexunder the name of the record owner or owners. After recording the Notice ofOpen Dump, the register of deeds shall return the Notice of Open Dump to theDepartment in care of the person listed as the contact person in the Notice ofOpen Dump.
(4) When the ownerremoves all solid waste from the open dump site to the satisfaction of theDepartment, the Department shall file a Cancellation of the Notice of OpenDump. The Cancellation shall be in a form similar to the original Notice ofOpen Dump and shall state that all the solid waste that constituted the opendump has been removed to the satisfaction of the Department. The Cancellationshall be filed and indexed in the same manner as the original Notice of OpenDump. (1973, c. 444; c. 476, s. 128; 1977, 2nd Sess., c.1216; 1981, c. 480, s. 3; 1983, c. 891, s. 2; 1997‑330, s. 2; 1997‑443,s. 11A.119(b).)