SESSION LAW 2001-265
The General Assembly of North Carolina enacts:
SECTION 1. Section 23 of S.L. 2000‑19 reads as rewritten:
"Section 23. Section 1.1 of
this act becomes effective April 1, 2003, and expires June 30, 2010. Section 1.2
of this act becomes effective
October 1, 2001, August 1, 2001,
and expires January 1, 2010. Sections 3 and 4 of this act are effective on and
after April 1, 1998. Section 5.1 of this act becomes effective July 1, 2001.
Section 5.2 of this act becomes effective July 1, 2002. Section 5.3 of this act
becomes effective July 1, 2003. All other sections of this act are effective
when this act becomes law."
SECTION 2.(a) Any person who undertakes assessment or remediation of dry‑cleaning solvent contamination pursuant to a notice of violation or enforcement action by the Department of Environment and Natural Resources during the period beginning 1 October 1997 and ending 30 June 2001 may, on or after 30 June 2001 and prior to 1 July 2002, seek reimbursement from the Dry‑Cleaning Solvent Cleanup Fund for any costs exceeding fifty thousand dollars ($50,000). The Environmental Management Commission shall reimburse costs if it finds that the costs incurred were (i) appropriately documented and reasonably necessary to assess or remediate the dry‑cleaning solvent contamination; (ii) for any of the activities described in subdivisions (1) through (7) of G.S. 143‑215.104N(a); (iii) not subject to any of the limitations in subdivisions (4) through (9) of G.S. 143‑215.104N(b); (iv) not reimbursable from pollution and remediation legal liability insurance; and (v) required by a notice of violation or a specific order of the Department of Environment and Natural Resources issued on or after 30 June 1996. No reimbursement may be paid pursuant to this section for dry‑cleaning solvent contamination that did not result from operations at a dry‑cleaning or wholesale distribution facility.
SECTION 2.(b) Any person who, as of 30 June 2001, is undertaking assessment or remediation of dry‑cleaning solvent contamination may petition the Environmental Management Commission prior to 1 July 2002 to enter into a dry‑cleaning solvent assessment agreement or dry‑cleaning solvent remediation agreement with respect to the contamination. The Commission shall determine whether the cost of any assessment or remediation performed prior to entry into an agreement is necessary and reasonable. The Commission shall credit the costs of assessment or remediation that it determines to be necessary and reasonable, and that have been paid by the person, toward the financial responsibility requirements applicable to that person under G.S. 143‑215.104F.
SECTION 2.(c) The total of all payments made pursuant to this section in a single fiscal year shall not exceed ten percent (10%) of the revenues credited to the Dry‑Cleaning Solvent Cleanup Fund in the preceding fiscal year.
SECTION 3. Section 19 of S.L. 2000‑19 is repealed.
SECTION 4. Section 22 of S.L. 2000‑19 reads as rewritten:
"Section 22. This act constitutes
a recent act of the General Assembly within the meaning of G.S. 150B‑21.1.
The Environmental Management Commission and the Commission on Health Services
may adopt temporary rules to implement the provisions of this act until 1 July
SECTION 5. Sections 7, 8, and 9 of Chapter 471 of the 1993 Session Laws are repealed.
SECTION 6. Section 38 of Chapter 745 of the 1993 Session Laws is repealed.
SECTION 7. Sections 1, 3, 4, and 7 of this act are effective when the act becomes law. Section 2 of this act is effective retroactively to 1 January 2000. Section 5 of this act is effective retroactively to 13 July 2000. Section 6 of this act is effective retroactively to 1 July 1998.
In the General Assembly read three times and ratified this the 25th day of June, 2001.
s/ Beverly E. Perdue
President of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ Michael F. Easley
Approved 10:57 a.m. this 4th day of July, 2001