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<br /> AMEND RISK-BASED REMEDIATION PROVISIONS
<br /> SECTION 4.7.(a) Part 8 of Article 9 of Chapter 130A of the General Statutes reads
<br /> as rewritten:
<br /> "Part 8. Risk-Based Environmental Remediation of Iadttstfial Sites.
<br /> "§ 130A-310.65. Definitions.
<br /> As used in this Part:
<br /> (1) "Background standard" means the naturally occurring concentration of a
<br /> substance in the absence of the release of a contaminant.
<br /> (2) Repealed by Session Laws 2014-122, s. 11(i), effective September 20, 2014.
<br /> (3) "Contaminant" means any substance regulated under any program listed in
<br /> G.S. 130A-310.67(a).
<br /> 3a "Contaminated off-site property" or "off-site property" means property under
<br /> separate ownership from the contaminated site that is contaminated as a
<br /> result of a release or migration of contaminants at the contaminated site.
<br /> This term includes publicly owned property, including rights-of-way for
<br /> public streets, roads, or sidewalks.
<br /> (4) "Contaminated matt site!—site," "source site," or "site" means any real
<br /> property that meets all oft4e f lley,;,,
<br /> The eantaminated is contaminated, and is the property
<br /> from which the contamination originated, and may be subject to
<br /> remediation under any of the programs or requirements set out in
<br /> G.S. 130A-310.67(a).
<br /> b-. The p et4y is F has been, oar Fill f F„, „f..f,,,ifig e Wief
<br /> ifidtistFial aetivities feF the r „a„Ptiefi of a eemmeFc al pfeddntet. This
<br /> lttdes a pFepeFty, oar Fill f F toe g ..atie,, of eleet.ieit.,
<br /> off of t e p eFt y at t e time t e, ed .,l .,.,t;o plan is 4mitto.a
<br /> No „t.,,,,;, ant asseeiatedv4t4 .,etiyities at toe p eFt z „ll „, Fate
<br /> to any adjaeefit pFepeFties above ttaFestfiet standafd°s feF t4&
<br /> rte nt
<br /> (5) "Contamination" means a contaminant released into an environmental
<br /> medium that has resulted in or has the potential to result in an increase in the
<br /> concentration of the contaminant in the environmental medium in excess of
<br /> unrestricted use standards.
<br /> (6) "Fund" means the Doti z-at:deus— Sites Crle-an"—Risk-Based
<br /> Remediation Fund established pursuant to
<br /> G.S. 130A 310.11.G.S. 130A-310.76.
<br /> (7) "Institutional controls" means nonengineered measures used to prevent
<br /> unsafe exposure to contamination, such as land-use restrictions.
<br /> (8) "Registered environmental consultant" means an environmental consulting
<br /> or engineering firm approved to implement and oversee voluntary remedial
<br /> actions pursuant to Part 3 of Article 9 of Chapter 130A of the General
<br /> Statutes and rules adopted to implement the Part.
<br /> (9) "Remedial action plan" means a plan for eliminating or reducing
<br /> contamination or exposure to contamination.
<br /> (10) "Remediation" means all actions that are necessary or appropriate to clean
<br /> up, mitigate, correct, abate, minimize, eliminate, control, or prevent the
<br /> spreading, migration, leaking, leaching, volatilization, spilling, transport, or
<br /> further release of a contaminant into the environment in order to protect
<br /> public health, safety, or welfare or the environment.
<br /> (11) "Systemic toxicant" means any substance that may enter the body and have a
<br /> harmful effect other than causing cancer.
<br /> (12) "Unrestricted use standards" means contaminant concentrations for each
<br /> environmental medium that are acceptable for all uses; that are protective of
<br /> public health, safety, and welfare and the environment; and that comply with
<br /> generally applicable standards, guidance, or methods established by statute
<br /> or adopted, published, or implemented by the Commission or the
<br /> Department.
<br /> House Bill 765-Ratified Session Law 2015-286 Page 19
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