GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1999
SESSION LAW 2000-51
SENATE BILL 1279
AN ACT TO PROVIDE THAT CERTAIN REQUIREMENTS RELATED TO LAND-USE
RESTRICTIONS THAT APPLY GENERALLY TO RISK-BASED ENVIRONMENTAL
CLEANUPS DO NOT APPLY TO CLEANUPS OF PETROLEUM FROM LEAKING
UNDERGROUND STORAGE TANKS AND TO DIRECT THE ENVIRONMENTAL
REVIEW COMMISSION TO CONTINUE TO STUDY THE APPLICATION OF
LAND-USE RESTRICTIONS TO THE CLEANUP OF ENVIRONMENTAL DAMAGE
FROM THESE TANKS THROUGH A STAKEHOLDER NEGOTIATION PROCESS, AS
RECOMMENDED BY THE ENVIRONMENTAL REVIEW COMMISSION.
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