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102 <br /> In order to inform owners of contaminated off-site property of the issues and <br /> liabilities associated with the contamination on their property, the <br /> Department, in consultation with the Consumer Protection Division of the <br /> North Carolina Department of Justice and the North Carolina Real Estate <br /> Commission, shall develop and make available a publication entitled <br /> "Contaminated Property: Issues and Liabilities" to provide information on <br /> the nature of risk-based remediation and how it differs from remediation to <br /> unrestricted use standards, potential health impacts that may arise from <br /> residual contamination, as well as identification of liabilities that arise from <br /> contaminated property and associated issues, including potential impacts to <br /> real estate transactions and real estate financing. The Department shall <br /> update the publication as necessary_ <br /> (33,) If, after issuance of a no further action determination, the Department <br /> determines that additional remedial action is required for a contaminated <br /> off-site property, the responsible party shall be liable for the additional <br /> remediation deemed necessary. <br /> (44,) Nothing in this subsection shall be construed to preclude or impair any <br /> person from obtaining any and all other remedies allowed by law. <br /> (f) This section shall not be construed to limit the authority of the Commission to <br /> require investigation, initial response, and abatement of a discharge or release pending a <br /> determination by the Commission under subsection (d) of this section as to whether cleanup, <br /> further cleanup, or further action will be required. Notwithstanding any authority provided <br /> under this section to the Commission and the Department allowing use of a risk-based approach <br /> for the cleanup of discharges and releases of petroleum from aboveground storage tanks and <br /> other sources, a responsible party shall, at a minimum, do all of the following <br /> Perform initial abatement actions to (i) measure for the presence of a release <br /> where contamination is most likely to be present and to confirm the precise <br /> source of the release, (ii) determine the possible presence of free product and <br /> to begin free product removal immediately, (iii) continue to monitor and <br /> mitigate any additional fire, vapor, or explosion hazards posed by vapors or <br /> by free product, and (iv) submit a report summarizing these initial abatement <br /> actions within 20 days after a discharge or release. For purposes of this <br /> subdivision, the term "free product" means a non-aqueous phase liquid <br /> which may be present within the saturated zone or in surface water. <br /> Remove, or in situ remediate, contaminated soil or free product that would <br /> act as a continuing source of contamination to groundwater. Actions <br /> conducted in conformance with this subdivision shall require approval by the <br /> Department. <br /> (g) This section shall apply to discharges of petroleum from aboveground storage tanks <br /> and other sources not otherwise governed by the provisions of G.S. 143-215.94V." <br /> SECTION 4.7.(c) G.S. 130A-310.8 is amended by adding a new subsection to <br /> read: <br /> "§ 130A-310.8. Recordation of inactive hazardous substance or waste disposal sites. <br /> If a site subject to the requirements of this section is remediated pursuant to the <br /> requirements of Part 8 of Article 9 of Chapter 130A of the General Statutes, a Notice of <br /> Residual Contamination may be prepared and filed in accordance with G.S. 130A-310.71(a)(9), <br /> in lieu of a Notice prepared and filed pursuant to this section." <br /> SECTION 4.7.(d) G.S. 143-215.85A is amended by adding a new subsection to <br /> read: <br /> "§ 143-215.85A. Recordation of oil or hazardous substance discharge sites. <br /> (g) If a site subject to the requirements of this section is remediated pursuant to the <br /> requirements of Part 8 of Article 9 of Chapter 130A of the General Statutes, a Notice of <br /> Residual Contamination may be prepared and filed in accordance with G.S. 130A-310.71(a)(9), <br /> in lieu of a Notice prepared and filed pursuant to this section." <br /> SECTION 4.7.(e) G.S. 143B-279.10 is amended by adding a new subsection to <br /> read: <br /> "§ 14313-279.10. Recordation of contaminated sites. <br /> Page 28 Session Law 2015-286 House Bill 765-Ratified <br />