Title: S.L. 2002-154
Subject: Session Law 2002-154
Category: Introduced Bill 2002

GENERAL ASSEMBLY OF NORTH CAROLINA	SESSION 2001

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001

SESSION LAW 2002-154
HOUSE BILL 1564

AN ACT to provide the department of environment and natural resources with explicit authority to assess a civil penalty for a violation involving a voluntary remedial action under the inactive hazardous sites program conducted by a private environmental consulting or engineering firm and to expand the environmental permit waiver authority under the program, as recommended by the environmental review commission.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 130A‑22(a) reads as rewritten:
"(a)	The Secretary of Environment and Natural Resources may impose an administrative penalty on a person who violates Article 9 of this Chapter, rules adopted by the Commission pursuant to Article 9, or any order issued under Article 9. Each day of a continuing violation shall constitute a separate violation. The penalty shall not exceed five thousand dollars ($5,000) per day in the case of a violation involving nonhazardous waste. The penalty shall not exceed twenty‑five thousand dollars ($25,000) per day in the case of a first violation involving hazardous waste as defined in G.S. 130A‑290 or involving the disposal of medical waste as defined in G.S. 130A‑290 in or upon water in a manner that results in medical waste entering waters or lands of the State; and shall not exceed fifty thousand dollars ($50,000) per day for a second or further violation involving the disposal of medical waste as defined in G.S. 130A‑290 in or upon water in a manner that results in medical waste entering waters or lands of the State. The penalty shall not exceed twenty-five thousand dollars ($25,000) per day for a violation involving a voluntary remedial action implemented pursuant to G.S. 130A‑310.9(c) or a violation of the rules adopted pursuant to G.S. 130A-310.12(b). If a person fails to pay a civil penalty within 60 days after the final agency decision or court order has been served on the violator, the Secretary of Environment and Natural Resources shall request the Attorney General to institute a civil action in the superior court of any county in which the violator resides or has his or its principal place of business to recover the amount of the assessment. Such civil actions must be filed within three years of the date the final agency decision or court order was served on the violator."
SECTION 2.  G.S. 130A‑310.3(e) reads as rewritten:
"(e)	For any removal or remedial action conducted entirely on‑site under this Part, to the extent that a permit would not be required under 42 U.S.C. § 9621(e) for a removal or remedial action conducted entirely on‑site under CERCLA/SARA, the Secretary may grant a waiver from any State law or rule that requires that an environmental permit be obtained from the Department. The Secretary shall not waive any requirement that a permit be obtained unless either the removal or remedial action is being conducted pursuant to G.S. 130A-310.3(c), 130A-310.5, or 130A-310.6, or the owner, operator, or other responsible party has entered into an agreement with the Secretary to implement a voluntary remedial action plan under G.S. 130A‑310.9(b). The Secretary shall invite public participation in the development of the remedial action plan in the manner set out in G.S. 130A-310.4 prior to granting a permit waiver, except for a removal or remedial action conducted pursuant to G.S. 130A-310.5."
SECTION 3.  Section 1 of this act becomes effective October 1, 2002.  The remainder of this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 25^th day of September, 2002.

	s/	 Frank W. Ballance, Jr.
		 Deputy President Pro Tempore of the Senate

	s/	 James B. Black
	 Speaker of the House of Representatives

	s/	 Michael F. Easley
	 Governor

Approved 2:38 p.m. this 9^th day of October, 2002

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