Bill Summary for H 45 (2011-2012)

Summary date: 

Apr 6 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 45 (Public) Filed Monday, February 7, 2011
TO ALLOW THE USE OF RISK-BASED REMEDIATION TO ACCELERATE THE CLEANUP OF CONTAMINATED INDUSTRIAL SITES FOR THE PURPOSE OF LIMITING HUMAN AND ENVIRONMENTAL EXPOSURE TO SAFE LEVELS, TO PROTECT CURRENT AND LIKELY FUTURE USES OF GROUNDWATER, AND TO ENSURE THE COST EFFECTIVE APPLICATION OF LIMITED PUBLIC AND PRIVATE RESOURCES.
Intro. by Gillespie, Cook, Gibson.

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Bill summary

Senate committee substitute makes the following changes to 3rd edition.
Amends proposed GS 130A-310.65, clarifying that a contaminated industrial site means any real property that meets all of the following criteria: (1) the property is contaminated and may be subject to remediation as specified; (2) the property is or has been used primarily for manufacturing or other industrial activities to produce a commercial product, including a property primarily used to generate electricity (deletes language prohibiting inclusion of property used primarily for service industry activities); (3) no contaminant associated with activities at the property is located off the property at the time the remedial action plan is submitted; and (4) no contaminant associated with the property will migrate to any adjacent properties above unrestricted use standards for the contaminant.
Amends proposed GS 130A-310.71(b), clarifying that a person proposing a remedial action plan has the burden of demonstrating with reasonable assurance that contamination from the site will not migrate to adjacent property above unrestricted use levels and that the plan protects public health, safety, and welfare and the environment. Adds that the demonstration must (1) take into account actions proposed in the plan that will prevent contamination from migrating off the site and (2) use scientifically valid site-specific data.
Amends proposed GS 130A-310.72, requiring that proof of financial assurance must be provided in the remedial action plan and annually each year on the anniversary date of the plan’s approval.
Deletes the requirement in proposed GS 130A-310.73 that any person who changes property and causes the level of risk to increase beyond acceptable risk range take additional remediation measures after the Department of Environment and Natural Resources (DENR) determines that no further remediation is required for the site.
Adds a new section, amending GS 143-215.104M, stating that a property owner’s failure to submit an annual certification that land-use restrictions are properly recorded and followed will result in a notice from the Environmental Management Commission (Commission) informing the person of the actions required for compliance and specifying a date, not less than 30 days after the notice is mailed, by which the person must comply. Makes a person subject to enforcement procedures under the Dry-Cleaning Solvent Cleanup Act for failure to comply.
Adds a new section, directing the Commission and DENR to study the cost of assessing and remediating inactive hazardous substance or waste disposal sites without a financially viable responsible party, and to identify potential funding sources. Instructs the Commission to report findings and recommendations to the 2012 General Assembly.

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