GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1999
SESSION LAW 2000-51
The General Assembly of North Carolina enacts:
Section 1. G.S. 143B-279.9 reads as rewritten:
"§ 143B-279.9. Land-use restrictions may be imposed to reduce danger to public health at contaminated sites.
(a) In order to
reduce or eliminate the danger to public health or the environment posed by the
presence of contamination at a site, an owner, operator, or other responsible
party may impose restrictions on the current or future use of the real property
comprising any part of the site where the contamination is located if the
restrictions meet the requirements of this section. The restrictions must
be agreed to by the owner of the real property, included in a remedial action
plan for the site that has been approved by the Secretary, and implemented as a
part of the remedial action program for the site. The Secretary may
approve restrictions included in a remedial action plan in accordance with
standards that the Secretary determines to be applicable to the site. If
Except as provided in subsection (b) of this section, if the
remedial action is risk-based or will not require that the site meet current
standards, as defined in G.S. 130A-310.31, the remedial action plan must
include an agreement by the owner, operator, or other responsible party to
record approved land-use restrictions that meet the requirements of this
section as provided in G.S. 143B-279.10. Restrictions may apply to
activities on, over, or under the land, including, but not limited to, use of
groundwater, building, filling, grading, excavating, and mining. Any
approved restriction shall be enforced by any owner, operator, or other party
responsible for the contaminated site. Any land-use restriction may also
be enforced by the Department through the remedies provided by any provision of
law that is implemented or enforced by the Department or by means of a civil
action. The Department may enforce any land-use restriction without first
having exhausted any available administrative remedies. A land-use
restriction may also be enforced by any unit of local government having
jurisdiction over any part of the site. A land-use restriction shall not
be declared unenforceable due to lack of privity of estate or contract, due to
lack of benefit to particular land, or due to lack of any property interest in
particular land. Any person who owns or leases a property subject to a
land-use restriction under this Part shall abide by the land-use restriction.
(b) Subsection (a) of this section shall not apply to a risk-based remedial action plan for the cleanup of environmental damage resulting from a discharge or release of petroleum from an underground storage tank pursuant to Part 2A of Article 21A of Chapter 143 of the General Statutes.
Section 2. G.S. 143B-279.10(f) reads as rewritten:
"(f) A Notice of
Contaminated Site filed pursuant to this section may, shall, at
the request of the owner of the land, be cancelled by the Secretary after the
contamination has been eliminated. eliminated or remediated to
current standards, as defined in G.S. 130A-310.31. If requested in
writing by the owner of the land and if the Secretary concurs with the request,
the Secretary shall send to the register of deeds of each county where the
Notice is recorded a statement that the contamination has been eliminated eliminated,
or that the contamination has been remediated to current standards, and
request that the Notice be cancelled of record. The Secretary's statement
shall contain the names of the owners of the land as shown in the Notice and
reference the plat book and page where the Notice is recorded. The
register of deeds shall record the Secretary's statement in the deed books and
index it on the grantor index in the names of the owners of the land as shown
in the Notice and on the grantee index in the name "Secretary of
Environment and Natural Resources". The register of deeds shall make
a marginal entry on the Notice showing the date of cancellation and the book
and page where the Secretary's statement is recorded, and the register of deeds
shall sign the entry. If a marginal entry is impracticable because of the
method used to record maps and plats, the register of deeds shall not be
required to make a marginal entry."
Section 3. The Environmental Review Commission shall continue to study the application of land-use restrictions to the cleanup of environmental damage resulting from discharges and releases of petroleum from underground storage tanks through a stakeholder negotiation process. As a part of this study, the Commission shall consider issues related to notice to current and future users of real property of any restrictions on the current and future use of the property, mechanisms to ensure compliance with those restrictions, notice to current and future users of real property of the existence of contamination in excess of current standards, and issues related to recordation in the register of deeds office of this information. The Commission shall report its findings and recommendations, including any legislative proposals, to the 2001 General Assembly.
Section 4. Sections 1 and 2 of this act are effective retroactively to 1 October 1999. Sections 3 and 4 of this act are effective when this act becomes law. Section 1 of this act expires 1 September 2001.
In the General Assembly read three times and ratified this the 26th day of June, 2000.
s/ Dennis A. Wicker
President of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ James B. Hunt, Jr.
Governor
Approved 1:22 p.m. this 30th day of June, 2000