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) "Commission" means the Environmental Management Commission created pursuant to G.S. 143B-282.
(3) "Contaminant" means any substance regulated under any program listed in G.S. 130A-310.67(a).
(4) "Contaminated industrial site" or "site" means any real property that meets all of the following criteria:
a. The property is contaminated and may be subject to remediation under any of the programs or requirements set out in G.S. 130A-310.67(a).
b. The property is or has been used primarily for manufacturing or other industrial activities for the production of a commercial product. This includes a property used primarily for the generation of electricity.
c. No contaminant associated with activities at the property is located off of the property at the time the remedial action plan is submitted.
d. No contaminant associated with activities at the property will migrate to any adjacent properties above unrestricted use standards for the contaminant.
(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 Inactive Hazardous Sites Cleanup Fund established pursuant to G.S. 130A-310.11.
(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, the Commission for Public Health, or the Department. (2011-186, s. 2.)
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Last modified: March 23, 2014