GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

S	2 

SENATE BILL 869*
Environment and Natural Resources Committee Substitute Adopted 4/27/89

Short Title:  Superfund Authorization.	(Public)
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April 12, 1989

A BILL TO BE ENTITLED
AN ACT TO CLARIFY STATE AGENCY AUTHORITY WITH RESPECT TO THE FEDERAL SUPERFUND PROGRAM.
The General Assembly of North Carolina enacts:
Section 1.  Article 9 of Chapter 130A of the General Statues is amended by adding a new Part to read:
“Part 4.  Superfund Program.
"§ 130A-310.20.  Definitions.
Unless a different meaning is required by the context, the following definitions shall apply throughout this Part:
(1)	‘CERCLA/SARA' or ‘Superfund' means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Pub. L. No. 96-510, 94 Stat. 2767, 42 U.S.C. § 9601 et seq., as amended, and the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499, 100 Stat. 1613, as amended.
"§ 130A-310.21.  Administration of the Superfund program.
The Department shall maintain an appropriate administrative subunit within the solid waste management unit authorized by G.S. 130A-291 to carry out those activities in which the State is authorized to engage under CERCLA/SARA.
"§ 130A-310.22.  Contracts authorized.
(a)	The Department is authorized to enter into contracts and cooperative agreements with the United States and to engage in any activity otherwise authorized by law to identify, investigate, evaluate, and clean up any site or facility covered by CERCLA/SARA including but not limited to performing preliminary assessments, site investigations, remedial investigations, and feasibility studies; preparation of records of decision; conducting emergency response, remedial, and removal actions; and engaging in enforcement activities in accordance with the provisions of CERCLA/SARA.
(b)	The Department may make all assurances required by federal law or regulation including but not limited to assuring that the State will assume responsibility for the operation and maintenance of any remedial action for the anticipated duration of the remedial action; assuring that the State will provide its share of the cost of any remedial action at a site or facility which was privately owned or operated; assuring that the State will provide its share of the cost of any removal, remedial planning, and remedial action at a site or facility owned or operated by the State or a political subdivision of the State; assuring the availability of off-site treatment, storage, or disposal capacity needed to effectuate a remedial action; assuring that the State will take title to, acquire an interest in, or accept transfer of any interest in real property needed to effectuate a remedial action; assuring that the State has adequate capacity to meet the assurances required by CERCLA/SARA (42 U.S.C. § 9604(b)(9)); assuring access to the facility and any adjacent property including the securing of any right-of-way or easement needed to effectuate a remedial action; and assuring that the State will satisfy all federal, State, and local requirements for permits and approvals necessary to effectuate a remedial action.
(c)	Each contract entered into by the Department under this section shall stipulate that all obligations of the State are subject to the availability of funds.  Neither this section nor any contract entered into under authority of this section shall be construed to obligate the General Assembly to make any appropriation to implement this Part or any contract entered into under this section.  The Department shall implement this Part and any contract entered into under this section from funds otherwise available or appropriated to the Department for such purpose."
Sec. 2.  G.S. 146-22.1(14) reads as rewritten:
"(14)	Lands necessary for the construction of hazardous waste facilities as defined in G.S. 130A-290(5), inactive hazardous substance or waste disposal sites as defined in G.S. 130A-310(3), Superfund sites as described in G.S. 130A-310.22, and lands necessary for the construction of low-level radioactive waste facilities as defined in G.S. 104E-5(9b)."
Sec. 3.  This act shall not be construed to invalidate any action taken by the State with regard to the administration of the Superfund program prior to the effective date of this act.
Sec. 4.  This act is effective upon ratification.