GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	1 

HOUSE BILL 1961*

Short Title:  Encourage Voluntary Remediation.	(Public)
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Sponsors: Representatives Gottovi; Colton, Culp, B. Miller, and Bowman.
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Referred to:  Environment.
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June 1, 1994

A BILL TO BE ENTITLED
AN ACT TO ENCOURAGE THE VOLUNTARY REMEDIATION OF CONTAMINATED SITES, AS RECOMMENDED BY THE ENVIRONMENTAL REVIEW COMMISSION.
Whereas, the General Assembly of North Carolina recognizes the importance of protecting the environment of this State, as well as the health and safety of its inhabitants and employees; and
Whereas, man's past activities, even those that were legal and proper at the time, have resulted in the contamination of land, surface water, groundwater, and other media within North Carolina; and
Whereas, the number of such contaminated sites exceeds the abilities of North Carolina and federal officials to manage in an expeditious fashion; and
Whereas, the expeditious cleanup of such contaminated sites is in the best interests of the State of North Carolina and its citizens and environment, in that it more quickly removes or reduces any threat to public health or the environment while often lowering the total costs of such actions; and
Whereas, more contaminated sites could be cleaned up more expeditiously and effectively by allowing the Department of Environment, Health, and Natural Resources to utilize independent outside consultants to oversee such work; Now, therefore,
The General Assembly of North Carolina enacts:
Section 1.  G.S. 130A-29(c) reads as rewritten:
"(c)	The Commission shall adopt rules:
(1)	Repealed by Session Laws 1983 (Regular Session, 1984), c. 1022, s. 5.
(2)	Establishing standards for approving sewage-treatment devices and holding tanks for marine toilets as provided in G.S. 75A-6(o);
(3)	Establishing specifications for sanitary privies for schools where water-carried sewage facilities are unavailable as provided in G.S. 115C-522;
(4)	Establishing requirements for the sanitation of local confinement facilities as provided in Part 2 of Article 10 of Chapter 153A of the General Statutes;
(5)	Repealed by Session Laws 1989 (Regular Session, 1990), c. 1075, s. 1.
(5a)	Establishing eligibility standards for participation in Department reimbursement programs;
(6)	Requiring proper treatment and disposal of sewage and other waste from chemical and portable toilets; 
(7)	Establishing statewide health outcome objectives and delivery standards; and
(8)	Allowing the Department to select and hire private environmental consulting and engineering firms to implement and oversee voluntary remedial actions by owners, operators, or other responsible parties under G.S 130A-310.3(b).  Rules adopted pursuant to this subdivision shall:
a.	Require that any responsible party that chooses to use an environmental consulting or engineering firm for a voluntary remedial action reimburse the Department for work performed by the firm;
b.	Specify the standards applicable to private environmental consulting and engineering firms, including the procedures for identifying and choosing firms;
c.	Describe the standards and procedures governing charges by private environmental consulting and engineering firms and the reimbursement of those charges; and
d.	Describe the financial assurances to be required of a responsible party that chooses to utilize this method of overseeing a remedial action."
Sec. 2.  The Environmental Review Commission may study, in cooperation with personnel designated by the Secretary of Environment, Health, and Natural Resources, the possible implementation of a program that would utilize licensed site professionals to oversee voluntary and other remedial actions by responsible parties in lieu of oversight by State personnel, the procedures and standards that would govern the designation and licensing of licensed site professionals, the functions of licensed site professionals, and the weight to be accorded by a State agency to any work overseen and approved by a licensed site professional.
Sec. 3.  This act is effective upon ratification.