reglab/housing_qa huggingface dataset:
NC Gen Stat § 130A-310.22 (2021)
2021 North Carolina General Statutes|Chapter 130A - Public Health|Article 9 - Solid Waste Management.|§ 130A-310.22 - Contracts authorized.

 130A-310.22. Contracts authorized.(a) The Department is authorized to enter into contracts and cooperative agreements with the United States and to engage in any activity otherwise authorized by law to identify, investigate, evaluate, and clean up any site or facility covered by CERCLA/SARA including but not limited to performing preliminary assessments, site investigations, remedial investigations, and feasibility studies; preparation of records of decision; conducting emergency response, remedial, and removal actions; and engaging in enforcement activities in accordance with the provisions of CERCLA/SARA.(b) The Department may make all assurances required by federal law or regulation including but not limited to assuring that the State will assume responsibility for the operation and maintenance of any remedial action for the anticipated duration of the remedial action; assuring that the State will provide its share of the cost of any remedial action at a site or facility which was privately owned or operated; assuring that the State will provide its share of the cost of any removal, remedial planning, and remedial action at a site or facility owned or operated by the State or a political subdivision of the State; assuring the availability of off-site treatment, storage, or disposal capacity needed to effectuate a remedial action; assuring that the State will take title to, acquire an interest in, or accept transfer of any interest in real property needed to effectuate a remedial action; assuring that the State has adequate capacity to meet the assurances required by CERCLA/SARA (42 U.S.C. 9604(c)(9)); assuring access to the facility and any adjacent property including the securing of any right-of-way or easement needed to effectuate a remedial action; and assuring that the State will satisfy all federal, State, and local requirements for permits and approvals necessary to effectuate a remedial action.(c) Each contract entered into by the Department under this section shall stipulate that all obligations of the State are subject to the availability of funds. Neither this section nor any contract entered into under authority of this section shall be construed to obligate the General Assembly to make any appropriation to implement this Part or any contract entered into under this section. The Department shall implement this Part and any contract entered into under this section from funds otherwise available or appropriated to the Department for such purpose. (1989, c. 286, s. 10; 1989 (Reg. Sess., 1990), c. 1004, s. 11, c. 1024, s. 30(c).)
NC Gen Stat § 130A-310.23 (2021)
2021 North Carolina General Statutes|Chapter 130A - Public Health|Article 9 - Solid Waste Management.|§ 130A-310.23 - Filing notices of CERCLA/SARA (Superfund) liens.

 130A-310.23. Filing notices of CERCLA/SARA (Superfund) liens.Notices of liens and certificates of notices affecting liens for obligations payable to the United States under CERCLA/SARA (Superfund) (42 U.S.C. 9607(l)) shall be filed in accordance with Article 11A of Chapter 44 of the General Statutes. (1989 (Reg. Sess., 1990), c. 1047, s. 1.1; 1991 (Reg. Sess., 1992), c. 890, s. 11.)
NC Gen Stat § 130A-310.30 (2021)
2021 North Carolina General Statutes|Chapter 130A - Public Health|Article 9 - Solid Waste Management.|§ 130A-310.30 - Short title.

 130A-310.30. Short title.This Part may be cited as The Brownfields Property Reuse Act of 1997. (1997-357, s. 2.)
NC Gen Stat § 130A-310.32 (2021)
2021 North Carolina General Statutes|Chapter 130A - Public Health|Article 9 - Solid Waste Management.|§ 130A-310.32 - Brownfields agreement.

 130A-310.32. Brownfields agreement.(a) The Department may, in its discretion, enter into a brownfields agreement with a prospective developer who satisfies the requirements of this section. A prospective developer shall provide the Department with any information necessary to demonstrate that:(1) The prospective developer, and any parent, subsidiary, or other affiliate of the prospective developer has substantially complied with:a. The terms of any brownfields agreement or similar agreement to which the prospective developer or any parent, subsidiary, or other affiliate of the prospective developer has been a party.b. The requirements applicable to any remediation in which the applicant has previously engaged.c. Federal and state laws, regulations, and rules for the protection of the environment.(2) As a result of the implementation of the brownfields agreement, the brownfields property will be suitable for the uses specified in the agreement while fully protecting public health and the environment instead of being remediated to unrestricted use standards.(3) There is a public benefit commensurate with the liability protection provided under this Part.(4) The prospective developer has or can obtain the financial, managerial, and technical means to fully implement the brownfields agreement and assure the safe use of the brownfields property.(5) The prospective developer has complied with or will comply with all applicable procedural requirements.(b) In negotiating a brownfields agreement, parties may rely on land-use restrictions that will be included in a Notice of Brownfields Property required under G.S. 130A-310.35. A brownfields agreement may provide for remediation standards that are based on those land-use restrictions.(c) A brownfields agreement shall contain a description of the brownfields property that would be sufficient as a description of the property in an instrument of conveyance and, as applicable, a statement of:(1) Any remediation to be conducted on the property, including:a. A description of specific areas where remediation is to be conducted.b. The remediation method or methods to be employed.c. The resources that the prospective developer will make available.d. A schedule of remediation activities.e. Applicable remediation standards.f. A schedule and the method or methods for evaluating the remediation.(2) Any land-use restrictions that will apply to the brownfields property.(3) The desired results of any remediation or land-use restrictions with respect to the brownfields property.(4) The guidelines, including parameters, principles, and policies within which the desired results are to be accomplished.(5) The consequences of achieving or not achieving the desired results.(d) Any failure of the prospective developer or the prospective developer's agents and employees to comply with the brownfields agreement constitutes a violation of this Part by the prospective developer. (1997-357, s. 2; 2001-384, s. 11.)
NC Gen Stat § 130A-310.36 (2021)
2021 North Carolina General Statutes|Chapter 130A - Public Health|Article 9 - Solid Waste Management.|§ 130A-310.36 - Appeals.

 130A-310.36. Appeals.A decision by the Department as to whether or not to enter into a brownfields agreement including the terms of any brownfields agreement is reviewable under Article 3 of Chapter 150B of the General Statutes. (1997-357, s. 2.)
NC Gen Stat § 130A-310.38 (2021)
2021 North Carolina General Statutes|Chapter 130A - Public Health|Article 9 - Solid Waste Management.|§ 130A-310.38 - Brownfields Property Reuse Act Implementation Account.

 130A-310.38. Brownfields Property Reuse Act Implementation Account.The Brownfields Property Reuse Act Implementation Account is created as a nonreverting account in the Office of the State Treasurer. The Account shall consist of fees and interest collected under G.S. 130A-310.39, moneys appropriated to it by the General Assembly, moneys received from the federal government, moneys contributed by private organizations, and moneys received from any other source. Funds in the Account shall be used by the Department to defray the costs of implementing this Part. The Department may contract with a private entity for any services necessary to implement this Part.  (1997-357, s. 2; 1999-360, s. 17.2; 2014-100, s. 14.21(j).)
NC Gen Stat § 130A-310.39 (2021)
2021 North Carolina General Statutes|Chapter 130A - Public Health|Article 9 - Solid Waste Management.|§ 130A-310.39 - Fees.

 130A-310.39. Fees.(a) The Department shall collect the following fees:(1) A prospective developer who submits a proposed brownfields agreement for review by the Department shall pay an initial fee of two thousand dollars ($2,000).(2) A prospective developer who enters into a brownfields agreement with the Department shall pay a fee in an amount equal to the full cost to the Department and the Department of Justice of all activities related to the brownfields agreement, including but not limited to negotiation of the brownfields agreement, public notice and community involvement, and monitoring the implementation of the brownfields agreement. The procedure by which the amount of this fee is determined shall be established by agreement between the prospective developer and the Department and shall be set out as a part of the brownfields agreement. The fee imposed by this subdivision shall be paid in two installments. The first installment shall be due at the time the prospective developer and the Department enter into the brownfields agreement and shall equal all costs that have been incurred by the Department and the Department of Justice at that time less the amount of the initial fee paid pursuant to subdivision (1) of this subsection. The Department shall not enter into the brownfields agreement unless the first installment is paid in full when due. The second installment shall be due at the time the prospective developer submits a final report certifying completion of remediation under the brownfields agreement and shall include any additional costs that have been incurred by the Department and the Department of Justice, including all costs of monitoring the implementation of the brownfields agreement.(b) Fees and interest imposed under this section shall be credited to the Brownfields Property Reuse Act Implementation Account.(c) If a prospective developer fails to pay the full amount of any fee due under this section, interest on the unpaid portion of the fee shall accrue from the time the fee is due until paid at the rate established by the Secretary of Revenue pursuant to G.S. 105-241.21. A lien for the amount of the unpaid fee plus interest shall attach to the real and personal property of the prospective developer and to the brownfields property until the fee and interest is paid. The Department may collect unpaid fees and interest in any manner that a unit of local government may collect delinquent taxes. (1997-357, s. 2; 1999-360, s. 17.3; 2007-491, s. 44(1)(a).)
NC Gen Stat § 130A-310.40 (2021)
2021 North Carolina General Statutes|Chapter 130A - Public Health|Article 9 - Solid Waste Management.|§ 130A-310.40 - Legislative reports.

 130A-310.40. Legislative reports.The Department shall include in the status of solid waste management report required to be submitted pursuant to G.S. 130A-309.06(c) an evaluation of the effectiveness of this Part in facilitating the remediation and reuse of existing industrial and commercial properties. This evaluation shall include any recommendations for additional incentives or changes, if needed, to improve the effectiveness of this Part in addressing these properties. This evaluation shall also include a report on receipts by and expenditures from the Brownfields Property Reuse Act Implementation Account.  (1997-357, s. 2; 2017-10, s. 4.14(c); 2020-74, s. 11(h); 2020-78, s. 7.2(h).)
NC Gen Stat § 130A-310.60 (2021)
2021 North Carolina General Statutes|Chapter 130A - Public Health|Article 9 - Solid Waste Management.|§ 130A-310.60 - Recycling required by public agencies.

 130A-310.60. Recycling required by public agencies.(a) Each State agency, including the General Assembly, the General Court of Justice, universities, community colleges, public schools, and political subdivisions using State funds for the construction or operation of public buildings shall establish a program in cooperation with the Department of Environmental Quality and the Department of Administration for the collection and recycling of all spent fluorescent lights and thermostats that contain mercury generated in public buildings owned by each respective entity. The program shall include procedures for convenient collection, safe storage, and proper recycling of spent fluorescent lights and thermostats that contain mercury and contractual or other arrangements with buyers of the recyclable materials.(b) Each State agency, including the General Assembly, the General Court of Justice, universities, community colleges, the Department of Public Instruction on behalf of the public schools, and political subdivisions shall submit a report on or before December 1, 2011, that documents the entity's compliance with the requirements of subsection (a) of this section to the Department of Environmental Quality and the Department of Administration. The Departments shall compile the information submitted and jointly shall submit a report to the Environmental Review Commission on or before January 15, 2012, concerning the activities required by subsection (a) of this section. The information provided shall also be included in the report required by G.S. 130A-309.06(c).(c) For purposes of this section, a political subdivision is using State funds when it receives grant funding from the State for the construction or operation of a public building.  (2010-180, s. 14(a); 2011-394, s. 5; 2015-241, s. 14.30(u).)
NC Gen Stat § 130A-310.61 (2021)
2021 North Carolina General Statutes|Chapter 130A - Public Health|Article 9 - Solid Waste Management.|§ 130A-310.61 - Removal and recycling of mercury-containing products from structures to be demolished.

 130A-310.61. Removal and recycling of mercury-containing products from structures to be demolished.Prior to demolition of any building or structure in the State, the contractor responsible for the demolition activity or the owner of the building or structure to be demolished shall remove all fluorescent lights and thermostats that contain mercury from the building or structure to be demolished.  (2010-180, s. 14(a).)
NC Gen Stat § 130A-310.65 (2021)
2021 North Carolina General Statutes|Chapter 130A - Public Health|Article 9 - Solid Waste Management.|§ 130A-310.65 - Definitions.

 130A-310.65. Definitions.As used in this Part:(1) "Background standard" means the naturally occurring concentration of a substance in the absence of the release of a contaminant.(2) Repealed by Session Laws 2014-122, s. 11(i), effective September 20, 2014.(3) "Contaminant" means any substance regulated under any program listed in G.S. 130A-310.67(a).(3a) "Contaminated off-site property" or "off-site property" means property under separate ownership from the contaminated site that is contaminated as a result of a release or migration of contaminants at the contaminated site. This term includes publicly owned property, including rights-of-way for public streets, roads, or sidewalks.(4) "Contaminated site," "source site," or "site" means any real property that is contaminated, and is the property from which the contamination originated, and may be subject to remediation under any of the programs or requirements set out in G.S. 130A-310.67(a).(5) "Contamination" means a contaminant released into an environmental medium that has resulted in or has the potential to result in an increase in the concentration of the contaminant in the environmental medium in excess of unrestricted use standards.(6) "Fund" means the Risk-Based Remediation Fund established pursuant to G.S. 130A-310.76.(7) "Institutional controls" means nonengineered measures used to prevent unsafe exposure to contamination, such as land-use restrictions.(8) "Registered environmental consultant" means an environmental consulting or engineering firm approved to implement and oversee voluntary remedial actions pursuant to Part 3 of Article 9 of Chapter 130A of the General Statutes and rules adopted to implement the Part.(9) "Remedial action plan" means a plan for eliminating or reducing contamination or exposure to contamination.(10) "Remediation" means all actions that are necessary or appropriate to clean up, mitigate, correct, abate, minimize, eliminate, control, or prevent the spreading, migration, leaking, leaching, volatilization, spilling, transport, or further release of a contaminant into the environment in order to protect public health, safety, or welfare or the environment.(11) "Systemic toxicant" means any substance that may enter the body and have a harmful effect other than causing cancer.(12) "Unrestricted use standards" means contaminant concentrations for each environmental medium that are acceptable for all uses; that are protective of public health, safety, and welfare and the environment; and that comply with generally applicable standards, guidance, or methods established by statute or adopted, published, or implemented by the Commission or the Department.  (2011-186, s. 2; 2014-122, s. 11(i); 2015-286, s. 4.7(a).)
NC Gen Stat § 130A-310.66 (2021)
2021 North Carolina General Statutes|Chapter 130A - Public Health|Article 9 - Solid Waste Management.|§ 130A-310.66 - Purpose.

 130A-310.66. Purpose.It is the purpose of this Part to authorize the Department to approve the remediation of contaminated sites based on site-specific remediation standards in circumstances where site-specific remediation standards are adequate to protect public health, safety, and welfare and the environment and are consistent with protection of current and anticipated future use of groundwater and surface water affected or potentially affected by the contamination.  (2011-186, s. 2; 2015-286, s. 4.7(a).)
NC Gen Stat § 130A-310.67 (2021)
2021 North Carolina General Statutes|Chapter 130A - Public Health|Article 9 - Solid Waste Management.|§ 130A-310.67 - Applicability.

 130A-310.67. Applicability.(a) This Part applies to contaminated sites subject to remediation pursuant to any of the following programs or requirements:(1) The Inactive Hazardous Sites Response Act of 1987 under Part 3 of Article 9 of Chapter 130A of the General Statutes, including voluntary actions under G.S. 130A-310.9 of that act, and rules promulgated pursuant to those statutes.(2) The hazardous waste management program administered by the State pursuant to the federal Resource Conservation and Recovery Act of 1976, Public Law 94-580, 90 Stat. 2795, 42 U.S.C. 6901, et seq., as amended, and Article 9 of Chapter 130A of the General Statutes.(3) The solid waste management program administered pursuant to Article 9 of Chapter 130A of the General Statutes.(4) The federal Superfund program administered in part by the State pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Public Law 96-510, 94 Stat. 2767, 42 U.S.C. 9601, et seq., as amended, the Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499, 100 Stat. 1613, as amended, and under Part 4 of Article 9 of Chapter 130A of the General Statutes.(5) The groundwater protection corrective action requirements adopted by the Commission pursuant to Article 21 of Chapter 143 of the General Statutes.(6) Oil Pollution and Hazardous Substances Control Act of 1978, Parts 1 and 2 of Article 21A of Chapter 143 of the General Statutes, except with respect to those sites identified in subdivision (1a) of subsection (b) of this section.(b) This Part shall not apply to contaminated sites subject to remediation pursuant to any of the following programs or requirements:(1) The Leaking Petroleum Underground Storage Tank Cleanup program under Part 2A of Article 21A of Chapter 143 of the General Statutes and rules promulgated pursuant to that statute.(1a) Leaking petroleum aboveground storage tanks and other sources of petroleum releases governed by Part 7 of Article 21A of Chapter 143 of the General Statutes and rules promulgated pursuant to that Part.(2) The Dry-Cleaning Solvent Cleanup program under Part 6 of Article 21A of Chapter 143 of the General Statutes and rules promulgated pursuant to that statute.(3) The pre-1983 landfill assessment and remediation program established under G.S. 130A-310.6(c) through (g).(4) The Coal Ash Management Act of 2014 under Part 2I of Article 9 of Chapter 130A of the General Statutes and rules promulgated pursuant to that Part.(5) Animal waste management systems permitted under Part 1 or Part 1A of Article 21 of Chapter 143 of the General Statutes.(c) Repealed by Session Laws 2015-286 s. 4.7(a), effective October 22, 2015.  (2011-186, s. 2; 2015-286, s. 4.7(a).)
NC Gen Stat § 130A-310.70 (2021)
2021 North Carolina General Statutes|Chapter 130A - Public Health|Article 9 - Solid Waste Management.|§ 130A-310.70 - Notice of intent to remediate.

 130A-310.70. Notice of intent to remediate.In addition to the public participation requirements of the individual programs listed in G.S. 130A-310.67(a), the person who proposes to remediate a site under this Part shall send a notice of intent to remediate to all local governments having taxing or land-use jurisdiction over the site, and to all adjoining landowners. The notice shall include all of the information required in G.S. 130A-310.69(a) and include a statement of intent to clean up the site to site-specific remediation standards. The person shall submit to the Department a copy of the notice of intent provided to local governments and adjoining landowners, a certification that the notice of intent to remediate was so provided to those parties, and all information and comments that the person received in response to the notice. In addition, the person shall, when appropriate, describe how the remedial action plan was modified to address comments received in response to the notice.  (2011-186, s. 2.)
NC Gen Stat § 130A-310.72 (2021)
2021 North Carolina General Statutes|Chapter 130A - Public Health|Article 9 - Solid Waste Management.|§ 130A-310.72 - Financial assurance requirement.

 130A-310.72. Financial assurance requirement.The person conducting remediation of a contaminated site pursuant to the provisions of this Part shall establish financial assurance that will ensure that sufficient funds are available to implement and maintain the actions or controls specified in the remedial action plan for the site. The person conducting remediation of a site may establish financial assurance through one of the following mechanisms, or any combination of the following mechanisms, in a form specified or approved by the Department: insurance products issued from entities having no corporate or ownership association with the person conducting the remediation; funded trusts; surety bonds; certificates of deposit; letters of credit; corporate financial tests; local government financial tests; corporate guarantees; local government guarantees; capital reserve funds; or any other financial mechanism authorized for the demonstration of financial assurance under (i) 40 Code of Federal Regulations Part 264, Subpart H (July 1, 2010 Edition) and (ii) Section.1600 of Subchapter B of Chapter 13 of Title 15A of the North Carolina Administrative Code. Proof of financial assurance shall be provided in the remedial action plan and annually thereafter on the anniversary date of the approval of the plan. The Department may waive the requirement for a person conducting remediation of a contaminated site pursuant to the provisions of this Part to establish or maintain financial assurance if the Department finds that the only actions or controls to be implemented or maintained as part of the remedial action plan for the site include either or both of the following:(1) Annual reporting of land-use controls.(2) The maintenance of durable or low-maintenance covers for contaminated soil.  (2011-186, s. 2; 2017-209, s. 1.)