§ 143-215.104G. (Repealed effective January 1, 2012 - See notes) Certification of facilities and abandoned sites.
§ 143‑215.104G. (Repealed effective January 1,2012 See notes) Certification of facilities and abandoned sites.
(a) A potentially responsible party may petition the Commissionto certify a facility or abandoned site where a release of dry‑cleaningsolvent has occurred. The Commission shall certify the facility or abandonedsite if the petitioner meets the applicable requirements of G.S. 143‑215.104F.Upon its decision to certify a facility or abandoned site, the Commission shallinform the petitioner of its decision and of the initial priority ranking ofthe facility or site.
(b) Repealed by Session Laws 2000, c. 19, s. 8.
(c) A potentially responsible party who petitions forcertification of a facility or abandoned site shall provide the Commission witheither of the following:
(1) A written statement of the petitioner's intent to enter intoan assessment agreement or remediation agreement.
(2) A written statement of the petitioner's intent to conductassessment and remediation activities pursuant to subsection (d) of thissection.
(d) A person who has access to property that is contaminated bydry‑cleaning solvent and who has successfully petitioned forcertification of the facility or abandoned site from which the contamination isbelieved to have resulted may undertake assessment or remediation of dry‑cleaningsolvent contamination located on the property consistent with the standardsestablished by the Commission pursuant to G.S. 143‑215.104D(b)(3) withoutfirst entering into a dry‑cleaning solvent assessment agreement or a dry‑cleaningsolvent remediation agreement. No assessment or remediation activitiesundertaken pursuant to this subsection shall rely on standards that require thecreation of land‑use restrictions. A person who undertakes assessment orremediation activities pursuant to this subsection shall provide the Commissionprior written notice of the activity. Costs associated with assessment orremediation activities undertaken pursuant to this subsection shall not beeligible for reimbursement from the Fund.
(e) The rejection of any petition filed pursuant to this sectionshall not affect the rights of any other petitioner, other than any parent,subsidiary, or other affiliate of the petitioner, under this Part. Therejection of a petition or the decertification of a facility or abandoned sitemay be the basis for rejection of a petition by any parent, subsidiary, orother affiliate of the petitioner for the facility or abandoned site. (1997‑392, s. 1; 2000‑19, s. 8.)