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101 <br /> The Commission shall adopt rules to establish a risk-based approach for the cleanup <br /> of discharges and releases of petroleum from aboveground storage tanks and other sources. At <br /> a minimum, the rules shall address all of the following: <br /> The circumstances where site-specific information should be considered. <br /> Criteria for determining acceptable cleanup levels. <br /> The acceptable level or range of levels of risk to human health and the <br /> environment. Rules that use the distance between a source area of a <br /> confirmed discharge or release to a water supply well or a private drinking <br /> water well, as those terms are defined under G.S. 87-85, shall include a <br /> determination whether a nearby well is likely to be affected by the discharge <br /> or release as a factor in determining levels of risk. <br /> Remediation standards and processes. <br /> Requirements for financial assurance, where the Commission deems it <br /> necessary. <br /> Appropriate fees to be applied to persons who undertake remediation of <br /> environmental contamination under site-specific remediation pursuant to this <br /> Part to pay for administrative and operating expenses necessary to <br /> implement this Part and rules adopted to implement this Part. <br /> (c) The Commission may require an owner, operator, or landowner to provide <br /> information necessary to determine the degree of risk to human health and the environment that <br /> is posed by a discharge or release of petroleum from an aboveground storage tank or other <br /> source. <br /> If the Commission concludes that a discharge or release poses a degree of risk to <br /> human health or the environment that is no greater than the acceptable level of risk established <br /> by the Commission, the Commission shall notify an owner, operator, or landowner who <br /> provides the information required by subsection (c) of this section that no cleanup, further <br /> cleanup, or further action will be required unless the Commission later determines that the <br /> discharge or release poses an unacceptable level of risk or a potentially unacceptable level of <br /> risk to human health or the environment. If the Commission concludes that a discharge or <br /> release poses a degree of risk to human health or the environment that requires further cleanup, <br /> the Commission shall notify the owner, operator, or landowner who provides the information <br /> required by subsection (c) of this section of the cleanup method approved by the Commission. <br /> This section shall not be construed to prohibit an owner, operator, or landowner from selecting <br /> a cleanup method other than the cleanup method approved by the Commission so long as the <br /> Commission determines that the alternative cleanup method will address imminent threats to <br /> human health and the environment. <br /> (e) Remediation of sites with off-site migration shall be subject to the following <br /> _provisions: <br /> Contaminated sites at which contamination has migrated to off-site <br /> properties may be remediated pursuant to this Part if either of the following <br /> occur: <br /> a. The person who proposes to conduct the remediation pursuant to this <br /> Part remediates the contaminated off-site property to unrestricted use <br /> standards. <br /> b. The person who proposes to conduct the remediation pursuant to this <br /> Part (i) provides the owner of the contaminated off-site property with <br /> a copy of this Part and the publication produced by the Department <br /> pursuant to subdivision (2) of this subsection and (ii) obtains written <br /> consent from the owner of the contaminated off-site property for the <br /> person to remediate the contaminated off-site property using <br /> site-specific remediation standards pursuant to this Part. Provided <br /> that the site-specific remediation standards shall not allow <br /> concentrations of contaminants on the off-site property to increase <br /> above the levels present on the date the written consent is obtained. <br /> Written consent from the owner of the off-site property shall be on a <br /> form prescribed by the Department and include an affirmation that <br /> the owner has received and read the publication and authorizes the <br /> person to remediate the owner's property using site-specific <br /> remediation standards pursuant to this Part. <br /> House Bill 765-Ratified Session Law 2015-286 Page 27 <br />