GENERAL ASSEMBLY OF NORTH CAROLINA
1993 SESSION

CHAPTER 598
HOUSE BILL 1961

AN ACT TO ENCOURAGE THE VOLUNTARY REMEDIATION OF CONTAMINATED SITES, AS RECOMMENDED BY THE ENVIRONMENTAL REVIEW COMMISSION, AND TO PROVIDE THAT A PERSON WHO KNOWINGLY MAKES A FALSE STATEMENT IN DOCUMENTS REQUIRED UNDER THE SOLID WASTE LAWS IS GUILTY OF A MISDEMEANOR.

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 use independent outside consultants to oversee such work; Now, therefore,

The General Assembly of North Carolina enacts:

Section 1.  G.S. 130A-310.9 reads as rewritten:
"§ 130A-310.9.  Voluntary remedial actions; maximum financial responsibility; agreements; implementation and oversight by private engineering and consulting firms.
(a)	No one owner, operator, or other responsible party who voluntarily participates in the implementation of a remedial action program under G.S. 130A-310.3 or G.S. 130A-310.5 may be required to pay in excess of three million dollars ($3,000,000) for the cost of implementing a remedial action program at a single inactive hazardous substance or waste disposal site.  The limitation of liability contained in this section applies only to the cost of implementation of the program and does not apply to the cost of the development of the remedial action plan.
(b)	The Secretary may enter into an agreement with an owner, operator, or other responsible party which provides for implementation of a voluntary remedial action program in accordance with a remedial action plan approved by the Department.  Investigations, evaluations, and voluntary remedial actions are subject to the provisions of G.S. 130A-310.1(c), 130A-310.1(d), 130A-310.3(d), 130A-310.5, 130A-310.8, and any other requirement imposed by the Department.  A voluntary remedial action and all documents that relate to the voluntary remedial action shall be fully subject to inspection and audit by the Department.  At least 30 days prior to entering into any agreement providing for the implementation of a voluntary remedial action program, the Secretary shall mail notice of the proposed agreement as provided in G.S. 130A-310.4(c)(2).  Sites undergoing voluntary remedial actions shall be so identified as a separate category in the inventory of sites maintained pursuant to G.S. 130A-310.1 but shall not be included on the Inactive Hazardous Waste Sites Priority List required by G.S. 130A-310.2.
(c)	The Department may select and hire private environmental consulting and engineering firms to implement and oversee voluntary remedial actions by owners, operators, or other responsible parties.  An owner, operator, or other responsible party that chooses to use a private environmental consulting or engineering firm shall reimburse the Department for the cost of all work performed by the firm.  A voluntary remedial action that is implemented and overseen by a private environmental consulting or engineering firm shall be subject to rules adopted pursuant to G.S. 130A-310.12(b)."
Sec. 2.  G.S. 130A-310.12 reads as rewritten:
"§ 130A-310.12.  Administrative procedure; adoption of rules.
(a)	The provisions of Chapter 150B of the General Statutes apply to this Part.  The Commission shall adopt rules for the implementation of this Part.
(b)	The Commission shall adopt rules governing the selection and use of private environmental engineering and consulting firms to implement and oversee voluntary remedial actions by owners, operators, or other responsible parties under G.S. 130A-310.9(c).  Rules adopted under this subsection shall specify:
(1)	Standards applicable to private environmental consulting and engineering firms.
(2)	Procedures for identifying and choosing firms.
(3)	Standards and procedures governing charges by private environmental consulting and engineering firms and the reimbursement of those charges.
(4)	Financial assurances to be required of an owner, operator, or other responsible party that chooses to implement a voluntary remedial action under G.S. 130A-310.9(c)."
Sec. 3.  Part 2 of Article 1 of Chapter 130A of the General Statutes is amended by adding a new section to read:
"§ 130A-26.2.  Penalty for false reporting under Article 9.
Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under Article 9 of this Chapter or rules adopted under Article 9 of this Chapter; or who knowingly makes a false statement of a material fact in a rule-making proceeding or contested case under Article 9 of this Chapter; or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 9 of this Chapter or rules adopted under Article 9 of this Chapter is guilty of a Class 2 misdemeanor.  The maximum fine that may be imposed for an offense under this section is ten thousand dollars ($10,000)."
Sec. 4.  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 use 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. 5.  Sections 1 and 3 of this act become effective 1 January 1995.  Sections 2, 4, and 5 of this act are effective upon ratification.  Rules adopted pursuant to G.S. 130A-310.12(b), as enacted by Section 2 of this act, shall not become effective prior to 1 January 1995.
In the General Assembly read three times and ratified this the 1st day of July, 1994.

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Dennis A. Wicker
President of the Senate

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Daniel Blue, Jr.
Speaker of the House of Representatives