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

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100 with any human health or ecological risk assessments, groundwater modeling, financial assurance matters, or community outreach. (2) To establish, administer, and maintain a system for the tracking of land-use restrictions recorded at sites that are remediated pursuant to this Part. (c) The Department shall report to the Joint Legislative Commission on Governmental Operations, the Environmental Review Commission, and the Fiscal Research Division on or before October 1 of each year on the amounts and sources of funds collected by year received pursuant to this Part, the amounts and sources of those funds paid into the Risk-Based Remediation Fund established under G.S. 130A-310.76A, the number of acres of contamination for which funds have been received pursuant to subsection (a) of this section, and a detailed annual accounting of how the funds collected pursuant to this Part have been utilized by the Department to advance the purposes of this Part. The Commission may adopt rules to implement the requirements of subsection (al) of this section. 130A-310.76A. Risk-Based Remediation Fund. There is established under the control and direction of the Department the Risk-Based Remediation Fund. This fund shall be a revolving fund consisting of fees collected pursuant to G.S. 130A-310.76 and other monies paid to it or recovered by or on behalf of the Department. The Risk-Based Remediation Fund shall be treated as a nonreverting special trust fund pursuant to G.S. 147-69.2 and G.S. 147-69.3, except that interest and other income received on the Fund balance shall be treated as set forth in G.S. 147-69.1(d). SECTION 4.7.(b) Article 21A of Chapter 143 of the General Statutes is amended by adding a new Part to read: "Part 7. Risk-Based Remediation for Petroleum Releases from Aboveground Storage Tanks and Other Sources. 143-215104AA. Standards for petroleum releases from aboveground storage tanks and other sources. (aa) Legislative Findings and Intent. — The General Assembly finds the following: a. Risk-based corrective action gives the State flexibility in requiring different levels of cleanup based on scientific analysis of different site characteristics and allowing no action or no further action at sites that pose little risk to human health or the environment. b. A risk-based aproach to the cleanup of environmental damage can adequately protect human health and the environment while preventing excessive or unproductive cleanup efforts, thereby assuring that limited resources are directed toward those sites that pose the greatest risk to human health and the environment. C. Risk-based corrective action has successfully been used to clean U contamination from petroleum underground storage tanks, as well as contamination at sites governed by other environmental programs. The General Assembly intends the following: a. To direct the Commission to adopt rules that will provide for risk-based assessment and cleanup of discharges and releases of petroleum from aboveground storage tanks and other sources. These rules are intended to combine groundwater standards that protect current and potential future uses of groundwater with risk-based analysis to determine the apropriate cleanup levels and actions. b. That these rules aply to all discharges or releases that are reported on or after the date the rules become effective in order to ascertain whether cleanup is necessary, and if so, the appropriate level of cleanup. C. That these rules may be aplied to any discharge or release that has been reported at the time the rules become effective at the discretion of the Commission. d. That these rules, and decisions of the Commission and the Department in implementing these rules, facilitate the completion of more cleanups in a shorter period of time. Page 26 Session Law 2015-286 House Bill 765-Ratified