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

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99 The Department may approve the use of a registered environmental consultant to provide oversight for the assessment and remediation of a site under this P-aft-.Part based on the risk posed by the site and the availability of Department staff for oversight of remediation activities. If remediation under this Part is not undertaken voluntarily, the Department may not require the use of a registered environmental consultant to provide oversight for the assessment and remediation of a site under this Part. "§ 130A-310.76. Fees; permissible uses of fees. (a) site speeifie t:emediatiefi standafds as pt:evided in G.S. 130A 310.68 shall pay a fee to the Fi ene time fee shall be payable at the time the pet:sen tmdet4akifig 1:emediatien s4fnits t:emedial aotien plan to the Bepat:tmefit.The following fees, payable to the Risk-Based Remediation Fund established under G.S. 130A-310.76A, are applicable to activities under this Part: Application fee. — A person who proposes to conduct remediation pursuant to this Part shall pay an application fee due at the time a proposed remedial action plan is submitted to the Department for approval. The application fee shall not exceed five thousand dollars ($5,000) for each acre or portion of an acre of contamination, including any area that will become contaminated as a result of the release, however, no person shall be required to pay more than one hundred thousand dollars ($100,000) in fees attributable to this subdivision to the Fund, with the total amount owed calculated by the Department after evaluation of the factors set forth in subsection (al) of this section and any rules promulgated thereunder. (22,) Oversight fee. — A person who has been approved by the Department to conduct a remedial action plan pursuant to this Part shall pay an oversight fee to the Department within 30 days of such approval or at such other time as the Department may authorize. The total ongoing oversight fees shall not exceed five hundred dollars ($500.00) for each acre or portion of an acre of contamination, including any area that will become contaminated as a result of the release, however, no person shall be required to pay more than twenty-five thousand dollars ($25,000)in fees attributable to this subdivision to the Fund, with the total amount owed calculated by the Department after evaluation of the factors set forth in subsection (al) of this section and any rules promulgated thereunder. al The Department shall take all of the following factors into account prior to imposing a fee on a person pursuant to subsection (a) of this section and provide the person written documentation of the Department's findings with respect to each factor at the time the fee is imposed: The size of the site subject to a proposed remedial action plan. Whether groundwater contamination from the site has migrated, or is likely to migrate, to off-site properties. The complexity of the work to be conducted at a site under a proposed remedial action plan. The resources that the Department will need to evaluate and oversee the work to be conducted at a site under a proposed remedial action plan and the resources the Department will need to monitor a site after completion of remediation. If such work, or any portion thereof, is to be performed by a registered environmental consultant in accordance with the provisions of G.S. 130A-310.75, the Department shall take this into account accordingly in imposing a reduced fee. (b) Funds collected pursuant to subsection (a) of this section may be used only for the following purposes: (1) To pay for administrative and operating expenses necessary to implement this Raft-.Part, including the full cost of the Department's activities associated House Bill 765-Ratified Session Law 2015-286 Page 25