North Carolina General Statutes 143-215.104B. (Expires January 1, 2032 – see notes) Definitions
(a) Unless a different meaning is required by the context or unless a different meaning is set out in subsection (b) of this section, the definitions in N.C. Gen. Stat. § 143-215.77, 130A-2, and 130A-290 apply throughout this Part.
(b) Unless a different meaning is required by the context, the following definitions apply in this Part. The definitions set out in this subsection apply only to the implementation of this Part and do not define or limit the scope of any other remedial program:
(1) “Abandoned dry-cleaning facility site” or “abandoned site” means any real property or individual leasehold space on which a dry-cleaning facility or wholesale distribution facility formerly operated.
Terms Used In North Carolina General Statutes 143-215.104B
- Commission: means the North Carolina Environmental Management Commission. See North Carolina General Statutes 143-215.77
- Contract: A legal written agreement that becomes binding when signed.
- Department: shall mean the Department of Environmental Quality. See North Carolina General Statutes 143-215.77
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Hazardous substance: shall mean any substance, other than oil, which when discharged in any quantity may present an imminent and substantial danger to the public health or welfare, as designated pursuant to N. See North Carolina General Statutes 143-215.77
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Oil: shall mean oil of any kind and in any form, including, but specifically not limited to, petroleum, crude oil, diesel oil, fuel oil, gasoline, lubrication oil, oil refuse, oil mixed with other waste, oil sludge, petroleum related products or by-products, and all other liquid hydrocarbons, regardless of specific gravity, whether singly or in combination with other substances. See North Carolina General Statutes 143-215.77
- Person: shall mean any and all natural persons, firms, partnerships, associations, public or private institutions, municipalities or political subdivisions, governmental agencies, or private or public corporations organized or existing under the laws of this State or any other state or country. See North Carolina General Statutes 143-215.77
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- Statute: A law passed by a legislature.
- Waters: shall mean any stream, river, creek, brook, run, canal, swamp, lake, sound, tidal estuary, bay, reservoir, waterway, wetlands, or any other body or accumulation of water, surface or underground, public or private, natural or artificial, which is contained within, flows through, or borders upon this State, or any portion thereof, including those portions of the Atlantic Ocean over which this State has jurisdiction. See North Carolina General Statutes 143-215.77
(2) “Affiliate” has the same meaning as in 17 Code of Federal Regulations § 240.12b-2 (1 April 1996 Edition).
(3) “Commission” means the Environmental Management Commission.
(4) “Contaminant” means a regulated substance released into the environment.
(5) Renumbered.
(6) “Disposal” shall have the meaning ascribed to it in N.C. Gen. Stat. § 130A-290
(7) “Dry-cleaning facility” means a place of business located in this State and engaged in on-site dry-cleaning operations, other than a commercial uniform service or commercial linen supply facility.
(8) “Dry-cleaning operations” means cleaning of apparel and household fabrics by using one or more dry-cleaning solvents instead of water.
(9) “Dry-cleaning solvent” means any hydrocarbon or halogenated hydrocarbon used as a solvent in a dry-cleaning operation or the degradation products from these solvents.
(10) “Dry-cleaning solvent assessment agreement” or “assessment agreement” means an agreement between the Commission and a potentially responsible party who desires an assessment of whether a release of dry-cleaning solvents at a dry-cleaning facility, an abandoned dry-cleaning facility site, or a wholesale distribution facility may be eligible for remediation under this Part and whether any other contaminants that are identified in the agreement may require remediation under other remedial programs operated or administered by the Department.
(11) “Dry-cleaning solvent contamination” means the presence of dry-cleaning solvent in the waters or surface or subsurface soils of the State, the bedrock or other rock formations, or buildings in a concentration above the level requiring remediation pursuant to the rules implementing Article 21A of Chapter 143.
(12) “Dry-cleaning solvent remediation agreement” or “remediation agreement” means an agreement between the Commission and a potentially responsible party who desires the cleanup of dry-cleaning solvent contamination resulting from a release at a dry-cleaning facility, an abandoned dry-cleaning facility site, or a wholesale distribution facility under this Part and any other contaminants that are identified in the agreement under other remedial programs operated or administered by the Department.
(13) “Facility” means a dry-cleaning facility or a wholesale distribution facility.
(14) “Fund” means the Dry-Cleaning Solvent Cleanup Fund.
(14a) “Halogenated hydrocarbon” means any hydrocarbon where at least one hydrogen atom is substituted by a halogen atom.
(15) “Hazardous waste” has the same meaning as in N.C. Gen. Stat. § 130A-290
(15a) “Hydrocarbon” means any linear, branched, saturated, or unsaturated compound whose molecules contain only carbon and hydrogen atoms.
(16) “Imminent hazard” means a situation that is likely to cause an immediate threat to human life, an immediate threat of serious physical injury, an immediate threat of serious adverse health effects, or a serious risk of irreparable damage to the environment if no immediate action is taken.
(17) “Local government” means a town, city, or county.
(18) “Operator” means any person operating a dry-cleaning facility or wholesale distribution facility, whether by lease, contract, or any other form of agreement.
(19) “Parent” has the same meaning as in 17 Code of Federal Regulations § 240.12b-2 (1 April 1996 Edition).
(20) Repealed by Session Laws 2000, ch. 19, s. 3, effective on and after April 1, 1998.
(21) “Potentially responsible party” means any person who may have liability for assessment, monitoring, treatment, mitigation, or remediation of dry-cleaning solvent contamination resulting from a release at a dry-cleaning facility, an abandoned dry-cleaning facility site, or a wholesale distribution facility.
(22) “Public health” means public health as the term is used in Article 9 of Chapter 130A of the N.C. Gen. Stat. and “human health” as the term is used in Articles 21 and 21A of Chapter 143 of the N.C. Gen. Stat..
(23) “Regulated substance” means a hazardous waste, as defined in N.C. Gen. Stat. § 130A-290; a hazardous substance, as defined in N.C. Gen. Stat. § 143-215.77A; oil, as defined in N.C. Gen. Stat. § 143-215.77; or other substance regulated under any remedial program implemented by the Department other than Part 2A of Article 21A of Chapter 143 of the N.C. Gen. Stat..
(24) “Release” means any spillage, leakage, pumping, placement, emptying, or dumping of dry-cleaning solvents resulting from a dry-cleaning operation or the operation of a wholesale distribution facility.
(25) “Remedial program” means a program implemented by the Department for the remediation of any contaminant, including the programs implemented under Article 9 of Chapter 130A of the N.C. Gen. Stat. and the Oil Pollution and Hazardous Substances Control Act of 1978 under Part 2 of Article 21A of Chapter 143 of the N.C. Gen. Stat. but not the remedial program implemented under Part 2A of Article 21A of Chapter 143 of the N.C. Gen. Stat..
(26) “Remediation” means action to clean up, mitigate, correct, abate, minimize, eliminate, control, or prevent the spreading, migration, leaking, leaching, volatilization, spilling, transporting, or further release of a contaminant into the environment in order to protect public health or the environment.
(27) “Response costs” means costs incurred in connection with a certified facility or abandoned site that the Commission determines are reasonably necessary and consistent with the applicable requirements of the Commission and any applicable dry-cleaning solvent assessment agreement or dry-cleaning solvent remediation agreement.
(28) “Subsidiary” has the same meaning as in 17 Code of Federal Regulations § 240.12b-2 (1 April 1996 Edition).
(29) “Treatment” shall have the meaning ascribed to it in N.C. Gen. Stat. § 130A-290
(29a) “Unrestricted use standards” when used in connection with “cleanup,” “remediated”, or “remediation” means that cleanup or remediation of contamination complies with generally applicable standards, guidance, or established methods governing the contaminants that are established by statute or adopted, published, or implemented by the Commission, the Commission for Public Health, or the Department instead of the risk-based standards established by the Commission pursuant to this Part.
(30) “Waters” means any stream, river, creek, brook, run, canal, swamp, lake, sound, tidal estuary, bay, reservoir, waterway, wetlands, or any other body or accumulation of water, surface or underground, public or private, natural or artificial, that is contained within, flows through, or borders upon this State, or any portion thereof, including those portions of the Atlantic Ocean over which this State has jurisdiction.
(31) “Wholesale distribution facility” means a place of business located in this State and engaged in the storage, distribution, or sale of dry-cleaning solvents for use in dry-cleaning facilities.
(32) “Wholesale distributor” means a person who operates a wholesale distribution facility. (1997-392, s. 1; 2000-19, s. 3; 2001-384, s. 11; 2007-182, s. 2; 2007-530, s. 1.)