{"data":{"id":"us-nc/n.c.-gen.-stat.-130a-310.32","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 130A-310.32","heading":"Brownfields agreement.","body":"(a)\tThe 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:\n(1)\tThe prospective developer, and any parent, subsidiary, or other affiliate of the prospective developer has substantially complied with:\na.\tThe 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.\nb.\tThe requirements applicable to any remediation in which the applicant has previously engaged.\nc.\tFederal and state laws, regulations, and rules for the protection of the environment.\n(2)\tAs 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.\n(3)\tThere is a public benefit commensurate with the liability protection provided under this Part.\n(4)\tThe 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.\n(5)\tThe prospective developer has complied with or will comply with all applicable procedural requirements.\n(b)\tIn 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.\n(c)\tA 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:\n(1)\tAny remediation to be conducted on the property, including:\na.\tA description of specific areas where remediation is to be conducted.\nb.\tThe remediation method or methods to be employed.\nc.\tThe resources that the prospective developer will make available.\nd.\tA schedule of remediation activities.\ne.\tApplicable remediation standards.\nf.\tA schedule and the method or methods for evaluating the remediation.\n(2)\tAny land-use restrictions that will apply to the brownfields property.\n(3)\tThe desired results of any remediation or land-use restrictions with respect to the brownfields property.\n(4)\tThe guidelines, including parameters, principles, and policies within which the desired results are to be accomplished.\n(5)\tThe consequences of achieving or not achieving the desired results.\n(d)\tAny 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.)","path":["Chapter 130A. Public Health.","Article 9. Solid Waste Management.","Part 5. Brownfields Property Reuse Act."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_130A/GS_130A-310.32.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T18:20:37Z","sha256":"9a763e1f76457f92413d7479bbbfe7731de6aafab093667665d46e122eff35ee","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-130a-310.31","next":"us-nc/n.c.-gen.-stat.-130a-310.33"},"notice":"GroundRules: Original legal text. Not legal advice."}