§ 143-215.104M. (Repealed effective January 1, 2012 - See notes) Notice of Dry-Cleaning Solvent Remediation; land-use restrictions in deeds.
§ 143‑215.104M. (Repealed effective January 1, 2012 See notes) Notice of Dry‑CleaningSolvent Remediation; land‑use restrictions in deeds.
(a) Land‑UseRestriction. In order to reduce or eliminate the danger to public health orthe environment posed by a dry‑cleaning solvent contamination site, theowner of property upon which dry‑cleaning solvent contamination has beendiscovered may file a Notice of Dry‑Cleaning Solvent Remediation approvedby the Commission identifying the site on which the contamination has beendiscovered and providing for current or future restrictions on the use of theproperty. If a petitioner requests that a contamination site be remediated tostandards that require land‑use restrictions, the owner of the propertymust file a Notice of Dry‑Cleaning Solvent Remediation for theremediation agreement to become effective.
(b) Notice ofRestriction. A Notice of Dry‑Cleaning Solvent Remediation shallinclude:
(1) A survey plat of thecontamination site that has been prepared and certified by a professional landsurveyor and that meets the requirements of G.S. 47‑30.
(2) A legal descriptionof the property that would be sufficient as a description in an instrument ofconveyance.
(3) A description of thelocation and dimensions of the areas of potential environmental concern withrespect to permanently surveyed benchmarks.
(4) The type, location,and quantity of dry‑cleaning solvent contamination known to exist on theproperty.
(5) Any restrictions onthe current or future use of the property or other property that are necessaryto assure adequate protection of public health and the environment as providedin rules adopted pursuant to G.S. 143‑215.104D(b)(3). These land‑userestrictions may apply to activities on, over, or under the land, including,but not limited to, use of groundwater, building, filling, grading, excavating,and mining. Where a contamination site encompasses more than one parcel ortract of land, a composite map or plat showing all parcels or tracts may berecorded.
(c) Recordation ofNotice. After the Commission approves and certifies the Notice of Dry‑CleaningSolvent Remediation under subsection (a) of this section, a certified copy of aNotice of Dry‑Cleaning Solvent Remediation shall be filed in the officeof the register of deeds of the county or counties in which the propertydescribed is located. The owner of the property shall file the Notice of Dry‑CleaningSolvent Remediation within 15 days of the property owner's receipt of theCommission's approval of the notice or the effective date of the dry‑cleaningsolvent remediation agreement, whichever is later. The register of deeds shallrecord the certified copy of the Notice of Dry‑Cleaning SolventRemediation and index it in the grantor index under the names of the owners ofthe land.
(d) Notice of Transfer. When property for which a Notice of Dry‑Cleaning Solvent Remediationhas been filed is sold, leased, conveyed, or transferred, the deed or otherinstrument of transfer shall contain in the description section, in no smallertype than that used in the body of the deed or instrument, a statement that theproperty has been contaminated with dry‑cleaning solvent and, ifappropriate, cleaned up under this Part.
(e) Cancellation ofNotice. A Notice of Dry‑Cleaning Solvent Remediation filed pursuant tothis Part may, at the request of the owner of the property subject to theNotice of Dry‑Cleaning Solvent Remediation, be canceled by the Secretaryafter the risk to public health and the environment associated with the dry‑cleaningsolvent contamination and any other contaminants included in the dry‑cleaningsolvent remediation agreement has been eliminated as a result of remediation ofthe property. The Secretary shall forward notice of cancellation to theregister of deeds of the county or counties where the Notice of Dry‑CleaningSolvent Remediation is recorded and request that the Notice of Dry‑CleaningSolvent Remediation be canceled. The notice of cancellation shall contain thenames of the landowners as shown in the Notice of Dry‑Cleaning SolventRemediation. The register of deeds shall record the notice of cancellation inthe deed books and index it on the grantor index in the name of the landowneras shown in the Notice of Dry‑Cleaning Solvent Remediation and on thegrantee index in the name "Secretary of Environment and NaturalResources". The register of deeds shall make a marginal entry on theNotice of Dry‑Cleaning Solvent Remediation showing the date ofcancellation and the book and page where the notice of cancellation isrecorded, and the register of deeds shall sign the entry. If a marginal entryis impracticable because of the method used to record maps and plats, theregister of deeds shall not be required to make a marginal entry.
(f) Enforcement. Anyrestriction on the current or future use of property subject to a Notice of Dry‑CleaningSolvent Remediation filed pursuant to this section shall be enforced by anyowner of the property or by any other potentially responsible party. Any land‑userestriction may also be enforced by the Commission through the remediesprovided in this Part or by means of a civil action in the superior court. TheCommission may enforce any land‑use restriction without first havingexhausted any available administrative remedies. Restrictions also may beenforced by any unit of local government having jurisdiction over any part ofthe property by means of a civil action without the unit of local governmenthaving first exhausted any available administrative remedy. A land‑userestriction may also be enforced by any person eligible for liabilityprotection under this Part who will lose liability protection if the land‑userestriction is violated. A restriction shall not be declared unenforceable dueto lack of privity of estate or contract, due to lack of benefit to particularland, or due to lack of privity of any property interest in particular land.Any person who owns or leases a property subject to a land‑userestriction under this section shall abide by the land‑use restriction.
(g) Relation toBrownfields Notice. Unless the Commission decertifies a previously certifiedfacility or a previously certified abandoned site, this section shall apply inlieu of the provisions of Article 9 of Chapter 130A of the General Statutes andParts 1 and 2 of Article 21A of Chapter 143 of the General Statutes forproperties remediated under this Part. (1997‑392, s. 1; 1997‑443, s. 11A.119(b);2007‑530, s. 10.)