GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

S	1 

SENATE BILL 125*

Short Title:  Inactive Haz. Sites/Property Use Restrict.     	(Public)

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Sponsors: Senators Odom; Albertson, Cooper, Horton, Kinnaird, and Martin of Pitt.

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Referred to:  Agriculture/Environment/Natural Resources.

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February 17, 1997

A BILL TO BE ENTITLED
AN ACT TO AUTHORIZE THE SECRETARY OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES TO APPROVE THE IMPOSITION OF RESTRICTIONS ON INACTIVE HAZARDOUS SUBSTANCE OR WASTE DISPOSAL SITES, AS RECOMMENDED BY THE ENVIRONMENTAL REVIEW COMMISSION.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 130-310.3 is amended by adding a new subsection to read:
"( f)	In order to reduce or eliminate the endangerment of public health or the environment posed by an inactive hazardous substance or waste disposal site, the Secretary may approve, in accordance with standards set out in rules adopted pursuant to Chapter 150B of the General Statutes, the imposition of restrictions on the current or future use of property comprising any part of the site.  The restrictions shall be included in a remedial action program approved by the Secretary and agreed to by the landowner.  Activities on, over, or under the land, including, but not limited to, building, filling, grading, excavating, or mining may be restricted.  Any restriction approved by the Secretary on the current or future use of the site may be enforced by any and all responsible parties.  Such restrictions may also be enforced by the Department or by any unit of local government having jurisdiction over any part of the site.  A restriction shall not be declared  unenforceable on account of lack of privity of estate or contract or lack of benefit to particular land."
Section 2.  G.S. 130A-310.8(a) reads as rewritten:
"(a)	After determination by the Department of the existence and location of an inactive hazardous substance or waste disposal site, the owner of the real property on which the site is located, within 180 days after official notice to him to do so, shall submit to the Department a survey plat of areas designated by the Department which has been prepared and certified by a professional land surveyor, and entitled 'NOTICE OF INACTIVE HAZARDOUS SUBSTANCE OR WASTE DISPOSAL SITE'.  The Notice shall include a legal description of the site that would be sufficient as a description in an instrument of conveyance, shall meet the requirements of G.S. 47-30 for maps and plats, and shall identify:
(1)	The location and dimensions of the disposal areas with respect to permanently surveyed benchmarks.
(2)	The type, location, and quantity of hazardous substances disposed of on the site, to the best of the owner's knowledge.
(3)	Any restrictions approved by the Department on the current or future use of the site.  Where an Inactive Hazardous Substance or Waste Disposal Site is located on more than one parcel or tract of land, a composite map or plat showing all such sites may be recorded."
Section 3.  G.S. 130A-310.8(b) reads as rewritten:
"(b)	After the Department approves and certifies the Notice, the owner of the site shall file the certified copy of the Notice in the register of deeds' office in the county or counties in which the land is located within 30 days of the owner's receipt of the Department's approval of the Notice."
Section 4.  G.S. 130A-310.9(b) reads as rewritten:
"(b)	The Secretary may enter into an agreement with an owner, operator, or other responsible party which provides for implementation of a voluntary remedial action program in accordance with a remedial action plan approved by the Department.  Investigations, evaluations, and voluntary remedial actions are subject to the provisions of G.S. 130A-310.1(c), 130A-310.1(d), 130A-310.3(d), 130A-310.3(f), 130A-310.5, 130A-310.8, and any other requirement imposed by the Department.  A voluntary remedial action and all documents that relate to the voluntary remedial action shall be fully subject to inspection and audit by the Department.  At least 30 days prior to entering into any agreement providing for the implementation of a voluntary remedial action program, the Secretary shall mail notice of the proposed agreement as provided in G.S. 130A-310.4(c)(2).  Sites undergoing voluntary remedial actions shall be so identified as a separate category in the inventory of sites maintained pursuant to G.S. 130A-310.1 but shall not be included on the Inactive Hazardous Waste Sites Priority List required by G.S. 130A-310.2."
Section 5.  This act is effective when it becomes law.