15A NCAC 1Q .0101 has been adopted in a temporary action as follows:

  SUBCHAPTER 1Q  - JUNKYARDS AND OTHER HIGH-RISK SOLID WASTE SITES

.0101   REMEDIATION OF HIGH-RISK JUNKYARDS AND SOLID WASTE SITES
   (a)  Applications submitted to the Department for use of State money allocated under Section 3.1(h) of Chapter 463 of the 1999 Session Laws, (Extra Session, December 16, 1999), for remediation of high-risk junkyards and other high-risk solid waste sites located in the 100-year flood plains of areas affected by Hurricane Floyd shall be evaluated in accordance with the following criteria.  To be eligible for State money, a site shall have a positive ranking on all of the criteria.  The Department shall prioritize the eligible sites according to the actual or potential degree of risk posed by the site to the environment and to the public health, safety and welfare, with particular attention to impact of the site upon surface water.  Sites for which the cost of clean-up is deemed to be high due to the presence or release of PCB's, dioxin or similar chemicals requiring special handling, removal and disposal protocols shall not be eligible for remediation under this program.
   (b)  Criteria for evaluation of applications for site remediation: 

(1) The site is located in a county which sustained severe flood damage from Hurricane Floyd, as determined by FEMA; 

(2) The site poses substantial environmental and/or public health risks and is located in the 100-year flood plain; 

(3) The size of the solid waste or junkyard site; 

(4) The toxicity of potential or actual releases to waters of the state and the frequency of past releases;

(5) The proximity of the site to a source of public water supply; 

(6) The potential for construction or mitigation of on-site wetlands; 

(7) Voluntary participation by site or facility owners and operators in assessment and remediation of the site; 

(8) Commitment of owner(s) of site to enter a conservation agreement in the form of an easement, pursuant to N.C.G.S. § 121-35, which forbids junkyards, solid waste management facilities, agricultural uses and all other uses of the site which may be forbidden or limited under the statute, and commitment to provide access easements from public roads to the conservation easement ; 

(9) Voluntary participation by the local government to accept transfer of restrictive easements located within the 100-year flood plain to be managed as open space, parks or green ways; and 

(10) If the junkyard or solid waste site is located both inside and outside the 100-year flood plain, agreement of the owners and operators to prevent future releases to the environment from activities located outside the floodplain by adopting a system of Best Management Practices as determined by the Department on a site specific basis. 

History Note: Authority G.S.: ll3A-4; ll3A-6; ll3A-ll; l43B-10; S.L. Extra Session l999-463, Part IV, c.463, s. 4;
  Temporary Adoption Eff. February 4, 2000 to expire on January 1, 2003.