130A-310.4.  Public participation in the development of the remedial action plan.

(a)        Within 10 days after the Secretary issues a declaration pursuant to G.S. 130A-310.3, he shall notify in writing the local board of health and the local health director having jurisdiction in the county or counties in which an inactive hazardous substance or waste disposal site is located that the site may endanger the public health or environment and that a remedial action plan is being developed. The Secretary shall involve the local health director in the development of the remedial action plan.

(b)        Before approving any remedial action plan, the Secretary shall make copies of the proposed plan available for inspection as follows:

(1)        A copy of the plan shall be provided to the local health director.

(2)        Repealed by Session Laws 2010-180, s. 3, effective August 2, 2010.

(3)        A copy of the plan shall be provided to the public library located in closest proximity to the site in the county or counties in which the site is located.

(4)        The Secretary may place copies of the plan in other locations so as to assure the availability thereof to the public.

In addition, copies of the plan shall be available for inspection and copying at cost by the public during regular business hours in the offices of the agency within the Department with responsibility for the administration of the remedial action program.

(c)        Before approving any remedial action plan, the Secretary shall give notice of the proposed plan as follows:

(1)        A notice and summary of the proposed plan shall be published weekly for a period of three consecutive weeks in a newspaper having general circulation in the county or counties where the site is located.

(2)        Notice that a proposed remedial action plan has been developed shall be given by first class mail to persons who have requested such notice. Such notice shall state the locations where a copy of the remedial action plan is available for inspection. The Department shall maintain a mailing list of persons who request notice pursuant to this section.

(d)       The Secretary may conduct a public meeting to explain the proposed plan and alternatives to the public.

(e)        At least 45 days from the latest date on which notice is provided pursuant to subsection (c)(1) of this section shall be allowed for the receipt of written comment on the proposed remedial action plan prior to its approval. If a public hearing is held pursuant to subsection (f) of this section, at least 20 days will be allowed for receipt of written comment following the hearing prior to the approval of the remedial action plan.

(f)        If the Secretary determines that significant public interest exists, he shall conduct a public hearing on the proposed plan and alternatives. The Department shall give notice of the hearing at least 30 days prior to the date thereof by:

(1)        Publication as provided in subdivision (c)(1) of this section, with first publication to occur not less than 30 days prior to the scheduled date of the hearing; and

(2)        First class mail to persons who have requested notice as provided in subdivision (c)(2) of this section.

(g)        The Commission on Health Services [Commission for Public Health] shall adopt rules prescribing the form and content of the notices required by this section. The proposed remedial action plan shall include a summary of all alternatives considered in the development of the plan. A record shall be maintained of all comment received by the Department regarding the remedial action plan.  (1987, c. 574, s. 2; 1997-28, s. 2; 2010-180, s. 3.)