§ 143-215.104T. (Repealed effective January 1, 2012 - See notes) Construction of this Part.
§ 143‑215.104T. (Repealed effective January 1, 2012 See notes) Construction of this Part.
(a) This Part is notintended to and shall not be construed to:
(1) Affect the abilityof local governments to regulate land use under Article 19 of Chapter 160A ofthe General Statutes and Article 18 of Chapter 153A of the General Statutes.The use of the identified contamination site and any land‑userestrictions in the dry‑cleaning solvent remediation agreement shall beconsistent with local land‑use controls adopted under those statutes.
(2) Amend, modify,repeal, or otherwise alter any provision of any remedial program or otherprovision of law relating to civil and criminal penalties or enforcementactions and remedies available to the Department, except as may be provided ina dry‑cleaning solvent remediation agreement.
(3) Prevent or impedethe immediate response of the Department or responsible party to an emergencythat involves an imminent or actual release of a regulated substance thatthreatens public health or the environment.
(4) Relieve a personreceiving liability protection under this Part from any liability forcontamination later caused by that person at a facility or abandoned site.
(5) Affect the right ofany person to seek any relief available against any party to the dry‑cleaningsolvent remediation agreement who may have liability with respect to thefacility or abandoned site, except that this Part does limit the reliefavailable against any party to a remediation agreement with respect to assessmentor remediation of the contamination site to the assessment remediation requiredunder the remediation agreement.
(6) Affect the right ofany person who may have liability with respect to the facility or abandonedsite to seek contribution from any other person who may have liability withrespect to the facility or abandoned site and who neither received nor hasliability protection under this Part.
(7) Prevent the Statefrom enforcing specific numerical remediation standards, monitoring, orcompliance requirements specifically required to be enforced by the federalgovernment as condition to receive program authorization, delegation, primacy,or federal funds.
(8) Create a defenseagainst the imposition of criminal and civil fines or penalties or administrativepenalties otherwise authorized by law and imposed as the result of the illegaldisposal of waste or from the pollution of the land, air, or waters of thisState on a facility or abandoned site.
(9) Relieve a person ofany liability for failure to exercise due diligence and reasonable care inperforming an environmental assessment or transaction screen.
(b) Notwithstanding theprovision of the Tort Claims Act, G.S. 143‑291 through G.S. 143‑300.1or any other provision of law waiving the sovereign immunity of the State ofNorth Carolina, the State, its agencies, officers, employees, and agents shallbe absolutely immune from any liability in any proceeding for any injury orclaim arising from negotiating, entering into, implementing, monitoring, or enforcinga dry‑cleaning solvent assessment agreement, a dry‑cleaning solventremediation agreement, or a Notice of Dry‑Cleaning Solvent Remediationunder this Part or any other action implementing this Part. (1997‑392, s. 1; 2007‑530,s. 12.)