GENERAL ASSEMBLY OF NORTH CAROLINA
1997 SESSION
S.L. 1997-53
The General Assembly of North Carolina enacts:
Section 1. G.S. 130A-310.1 reads as rewritten:
"§
130A-310.1. Identification, inventory, and monitoring of inactive
hazardous substance or waste disposal sites. sites; duty of owners,
operators, and responsible parties to provide information and access; remedies.
(a) Within six months
of July 1, 1987, the The Department shall develop and implement a
program for locating, cataloguing, and monitoring all inactive hazardous
substance or waste disposal sites in North Carolina. The Secretary shall
compile and maintain an inventory of all such inactive hazardous substance
or waste disposal sites based on information submitted by owners,
operators, and responsible parties, and on data obtained directly by the
Secretary. The inventory shall include Secretary shall maintain
records of any evidence of contamination to the air, surface water,
groundwater, surface or subsurface soils, or waste streams. streams
for inventoried sites. The inventory shall indicate records
shall include all available information on the extent of any actual damage
or potential danger to public health or to the environment resulting from such
the contamination.
(b) Within six months
of July 1, 1987, the The Commission shall develop and make available
a format and checklist for submission of data relevant to inactive hazardous
substance or waste disposal sites. Within 90 days thereafter, each of
the date on which an owner, operator, or responsible party knows or
should know of the existence of an inactive hazardous substance or waste
disposal site, the owner, operator, or responsible party shall submit to
the Secretary all such site data as that is known or
readily available to him. the owner, operator, or responsible
party. The owner, operator, or responsible party shall certify under
oath that, to the best of his knowledge and belief, such the data
is complete and accurate.
(c) Whenever the
Secretary determines that there is a release, or substantial threat of a
release, into the environment of a hazardous substance from an inactive
hazardous substance or waste disposal site, the Secretary may, in addition to
any other powers he may have, order any responsible party to conduct such any
monitoring, testing, analysis, and reporting as that the
Secretary deems reasonable and necessary to ascertain the nature and extent of
any hazard posed by the site. Written notice of any order issued pursuant
to this section shall be given to all persons subject to the order as set out
in G.S. 130A-310.3(c). The Secretary, prior to the entry of any such order,
shall solicit the cooperation of the responsible party.
(d) If a person fails to submit data as required in subsection (b) of this section or violates the requirements or schedules in an order issued pursuant to subsection (c) of this section, the Secretary may institute an action for injunctive relief, irrespective of all other remedies at law, in the superior court of the county where the violation occurred or where a defendant resides.
(e) Whenever a person
ordered to take any action pursuant to this section is unable or fails to do so,
or if the Secretary, after making a reasonable attempt, is unable to locate any
responsible party, the Secretary may take such the action.
The cost of any action by the Secretary pursuant to this section may be paid
from the Inactive Hazardous Sites Cleanup Fund, subject to a later action for
reimbursement pursuant to G.S. 130A-310.7. The provisions of subdivisions
(a)(1) to (a)(3) of G.S.130A-310.6 shall apply to any action taken by the
Secretary pursuant to this section.
(f) Upon reasonable notice, the Secretary may require any person to furnish to the Secretary any information, document, or record in that person's possession or under that person's control that relates to:
(1) The identification, nature, and quantity of material that has been or is generated, treated, stored, or disposed of at an inactive hazardous substance or waste disposal site or that is transported to an inactive hazardous substance or waste disposal site.
(2) The nature and extent of a release or threatened release of a hazardous substance or hazardous waste at or from an inactive hazardous substance or waste disposal site.
(3) Information relating to the ability of a person to pay for or to perform a cleanup.
(g) A person who is required to furnish any information, document, or record under subsection (f) of this section shall either allow the Secretary to inspect and copy all information, documents, and records or shall copy and furnish to the Secretary all information, documents, and records at the expense of the person.
(h) To collect information to administer this Part, the Secretary may subpoena the attendance and testimony of witnesses and the production of documents, records, reports, answers to questions, and any other information that the Secretary deems necessary. Witnesses shall be paid the same fees and mileage that are paid to witnesses in proceedings in the General Court of Justice. In the event that a person fails to comply with a subpoena issued under this subsection, the Secretary may seek enforcement of the subpoena in the superior court in any county where the inactive hazardous substance or waste disposal site is located, in the county where the person resides, or in the county where the person has his or her principal place of business.
(i) A person who owns or has control over an inactive hazardous substance or waste disposal site shall grant the Secretary access to the site at reasonable times. If a person fails to grant the Secretary access to the site, the Secretary may obtain an administrative search and inspection warrant as provided by G.S. 15-27.2."
Section 2. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 7th day of May, 1997.
s/ Dennis A. Wicker
President of the Senate
s/ Harold J. Brubaker
Speaker of the House of Representatives
s/ James B. Hunt, Jr.
Governor
Approved 12:45 p.m. this 16th day of May, 1997