GENERAL ASSEMBLY OF NORTH CAROLINA
1995 SESSION
CHAPTER 327
The General Assembly of North Carolina enacts:
Section 1. G.S. 130A-295.02(j) reads as rewritten:
"(j) For purposes of
this subsection, special purpose commercial hazardous waste facilities include:
a facility that manages limited quantities of hazardous waste; a facility that
limits its hazardous waste management activities to reclamation or recycling,
including energy or materials recovery or a facility that stores hazardous waste
primarily for use at such facilities; or a facility that is determined to be
low risk under rules adopted by the Commission pursuant to this
subsection. The Commission shall adopt rules establishing reasonable
times and frequencies for the presence of a resident inspector on less than a
full-time basis at special purpose commercial hazardous waste facilities.
Rules adopted pursuant to this subsection shall establish classifications of
special purpose hazardous waste facilities based on factors including, but not
limited to, the size of the facility, the type of treatment or storage being
performed, the nature and volume of waste being treated or stored, the
uniformity, similarity, or lack of diversity of the waste streams, the
predictability of the nature of the waste streams and their treatability,
whether the facility utilizes automated monitoring or safety devices that
adequately perform functions that would otherwise be performed by a resident
inspector, the fact that reclamation or recycling is being performed at the
facility, and the compliance history of the facility and its operator.
Special purpose commercial hazardous waste facilities shall be subject to
inspection at all times during which the facility is in operation, undergoing
any maintenance or repair, or undergoing any test or calibration. Rules
adopted pursuant to this subsection shall specify a minimum number of
inspections during such times as the facility is subject to inspection.
Special purpose commercial hazardous waste facilities that utilize hazardous
waste as a fuel source shall be inspected a minimum of 40 hours per week. week,
unless compliance data for these facilities can be electronically monitored and
recorded off-site by the Department. The Department, considering the benefits
provided by electronic monitoring, shall determine the number of hours of
on-site inspection required at these facilities. The Department shall
maintain records of all inspections at special purpose commercial hazardous
waste facilities. Such records shall contain sufficient detail and shall
be arranged in a readily understandable format so as to facilitate
determination at any time as to whether the special purpose commercial hazardous
waste facility is in compliance with the requirements of this subsection and of
rules adopted pursuant to this subsection."
Sec. 2. G.S. 130A-310.9(c) reads as rewritten:
"(c) The Department may select
and hire approve a private environmental consulting and engineering firms
firm to implement and oversee a voluntary remedial actions
by owners, operators, or other responsible parties. action by an owner,
operator, or other responsible party. An owner, operator, or other
responsible party that chooses to use who enters into an agreement
with the Secretary to implement a voluntary remedial action may hire a
private environmental consulting or engineering firm shall reimburse the
Department for the cost of all work performed by the firm. approved by
the Department to implement and oversee the voluntary remedial action. A
voluntary remedial action that is implemented and overseen by a private
environmental consulting or engineering firm shall be implemented in
accordance with all federal and State laws, regulations, and rules that apply
to remedial actions generally and is subject to rules adopted pursuant to
G.S. 130A-310.12(b). The Department may revoke its approval of the
oversight of a voluntary remedial action by a private environmental consulting
or engineering firm and assume direct oversight of the voluntary remedial
action whenever it appears to the Department that the voluntary remedial action
is not being properly implemented or is not being adequately overseen.
The Department may require the owner, operator, other responsible party, or
private environmental consulting or engineering firm to take any action
necessary to bring the voluntary remedial action into compliance with
applicable requirements."
Sec. 3. G.S. 130A-310.12(b) reads as rewritten:
"(b) The Commission shall
adopt rules governing the selection and use of private environmental engineering
and consulting and engineering firms to implement and oversee
voluntary remedial actions by owners, operators, or other responsible parties
under G.S. 130A-310.9(c). Rules adopted under this subsection shall
specify:
(1) Standards applicable to private environmental consulting and engineering firms.
(2) Procedures for
identifying and choosing firms. Criteria and procedures for approval of
firms by the Department.
(3) Standards and
procedures governing charges by private environmental consulting and
engineering firms and the reimbursement of those charges. Requirements
and procedures under which the Department monitors and audits a voluntary
remedial action to ensure that the voluntary remedial action complies with
applicable federal and State law, regulations, and under which the owner,
operator, or other responsible party reimburses the Department for the cost of
monitoring and auditing the voluntary remedial action.
(4) Financial Any
financial assurances to that may be required of an owner,
operator, or other responsible party that chooses to implement a voluntary
remedial action under G.S. 130A-310.9(c). party.
(5) Requirements for the preparation, maintenance, and public availability of work plans and records, reports of data collection including sampling, sample analysis, and other site testing, and other records and reports that are consistent with the requirements applicable to remedial actions generally."
Sec. 4. This act is effective upon ratification.
In the General Assembly read three times and ratified this the 26th day of June, 1995.
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Dennis A. Wicker
President of the Senate
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Harold J. Brubaker
Speaker of the House of Representatives