AN ACT CLARIFYING THAT CERTAIN CIVIL ACTIONS RELATING TO GROUNDWATER CONTAMINATION ARE NOT SUBJECT TO THE TEN-YEAR STATUTE OF REPOSE SET FORTH IN G.S. 1-52.
House committee substitute makes the following changes to the 2nd edition:
Changes the short and long titles.
Deletes all of the provisions of the previous edition.
Enacts new GS 130A-26.3, concerning limitation periods for certain groundwater contamination actions, providing that the 10-year period set out in GS 1-52(a)(16) will not be construed to bar an action for personal injury or property damage caused or contributed to by the consumption, exposure, or use of groundwater contaminated by a hazardous substance, if the claimant's last exposure to the contaminated groundwater occurred on or before June 19, 2013. Sets out definition for contaminated by a hazardous substance, pollutant, or contaminant.
Amends GS 1-52, making conforming changes.
Act is effective when it becomes law and applies to actions arising or pending on or after that date. Action is considered pending if the plaintiff has not received a final disposition with prejudice as to all the claims for relief that this act applies to. Act expires on June 19, 2023, and is not effective for claims for relief brought on or after that date, but does not affect actions pending on that date.
© 2021 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.