§ 130A-308. Continuing releases at permitted facilities; notification of completed corrective action.
§ 130A‑308. Continuingreleases at permitted facilities; notification of completed corrective action.
(a) Standards adoptedunder G.S. 130A‑294(c) and a permit issued under G.S. 130A‑294(c)shall require corrective action for all releases of hazardous waste orconstituents from any solid waste management unit at a treatment, storage, ordisposal facility seeking a permit under G.S. 130A‑294(c), regardless ofthe time at which waste was placed in such unit. Permits issued under G.S. 130A‑294(c)which implement Section 3005 of RCRA (42 U.S.C. § 6925) shall contain schedulesof compliance for corrective action if corrective action cannot be completedprior to issuance of the permit and establishment of financial assurance forcompleting corrective action. Notwithstanding any other provision of thissection, this section shall apply only to units, facilities, and permits thatare covered by Section 3004(u) of RCRA (42 U.S.C. § 6924(u)). Notwithstandingthe foregoing, corrective action authorized elsewhere in this Chapter shall notbe limited by this section.
(b) The definitions setout in G.S. 130A‑310.31(b) apply to this subsection. Any person maysubmit a written request to the Department for a determination that acorrective action for a release of a hazardous waste or constituents from asolid waste management unit that is a treatment, storage, or disposal facilitypermitted under G.S 130A‑294(c) has been completed to unrestricted usestandards. A request for a determination that a corrective action at a facilityhas been completed to unrestricted use standards shall be accompanied by thefee required by G.S. 130A‑310.39(a)(2). If the Department determines thatthe corrective action at a facility has been completed to unrestricted usestandards, the Department shall issue a written notification that no furthercorrective action will be required at the facility. The notification shallstate that no further corrective action will be required at the facility unlessthe Department later determines, based on new information or information notpreviously provided to the Department, that the corrective action at thefacility has not been completed to unrestricted use standards or that theDepartment was provided with false or incomplete information. Under any ofthose circumstances, the Department may withdraw the notification and requireresponsible parties to take corrective action at a facility to bring thefacility into compliance with unrestricted use standards. (1985, c. 738, s. 4; 1989, c.168, s. 27; 1997‑357, s. 4; 2001‑384, s. 11; 2007‑107, s.1.1(f).)