Agenda - 11-23-2015 - Item E.1 - Abstract - Session Law Effects

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94 "§ 130A-310.66. Purpose. It is the purpose of this Part to authorize the Department to approve the remediation of contaminated indttsti4al sites based on site-specific remediation standards in circumstances where site-specific remediation standards are adequate to protect public health, safety, and welfare and the environment and are consistent with protection of current and anticipated future use of groundwater and surface water affected or potentially affected by the contamination. "§ 130A-310.67. Applicability. (a) This Part applies to contaminated ifidttstfial sites subject to remediation pursuant to any of the following programs or requirements: (1) The Inactive Hazardous Sites Response Act of 1987 under Part 3 of Article 9 of Chapter 130A of the General Statutes, including voluntary actions under G.S. 130A-310.9 of that act, and rules promulgated pursuant to those statutes. (2) The hazardous waste management program administered by the State pursuant to the federal Resource Conservation and Recovery Act of 1976, Public Law 94-580, 90 Stat. 2795, 42 U.S.C. § 6901, et seq., as amended, and Article 9 of Chapter 130A of the General Statutes. (3) The solid waste management program administered pursuant to Article 9 of Chapter 130A of the General Statutes. (4) The federal Superfund program administered in part by the State pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Public Law 96-510, 94 Stat. 2767, 42 U.S.C. § 9601, et seq., as amended, the Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499, 100 Stat. 1613, as amended, and under Part 4 of Article 9 of Chapter 130A of the General Statutes. (5) The groundwater protection corrective action requirements adopted by the Commission pursuant to Article 21 of Chapter 143 of the General Statutes. (6) Oil Pollution and Hazardous Substances Control Act of 1978, Parts 1 and 2 of Article 21A of Chapter 143 of the General Stattttes.Statutes, except with respect to those sites identified in subdivision (la) of subsection (b) of this section. (b) This Part shall not apply to contaminated ifidttstFial sites subject to remediation pursuant to any of the following programs or requirements: (1) The Leaking Petroleum Underground Storage Tank Cleanup program under Part 2A of Article 21A of Chapter 143 of the General Statutes and rules promulgated pursuant to that statute. la Leaking petroleum aboveground storage tanks and other sources of petroleum releases governed by Part 7 of Article 21A of Chapter 143 of the General Statutes and rules promulgated pursuant to that Part. (2) The Dry-Cleaning Solvent Cleanup program under Part 6 of Article 21A of Chapter 143 of the General Statutes and rules promulgated pursuant to that statute. (3) The pre-1983 landfill assessment and remediation program established under G.S. 130A-310.6(c) through (g). (44•) The Coal Ash Management Act of 2014 under Part 2I of Article 9 of Chapter 130A of the General Statutes and rules promulgated pursuant to that Part. Animal waste management systems permitted under Part 1 or Part IA of Article 21 of Chapter 143 of the General Statutes. This PaFt shall apply 6nry t6 sites =vca€Fe a disehaFge, , vF Felease ef eentaminati6n has been FepeFted t6 the Depa t6 MaFeh 1, 2011. "§ 130A-310.68. Remediation standards. (b) Site-specific remediation standards shall be developed for each medium as provided in this subsection to achieve remediation that eliminates or reduces to protective levels any substantial present or probable future risk to human health, including sensitive subgroups, and the environment based upon the present or currently planned future use of the property comprising the site. Site-specific remediation standards shall be developed in accordance with all of the following: Page 20 Session Law 2015-286 House Bill 765-Ratified