§ 113A-223. Powers and duties of the Secretary. - North Carolina Statutes

§ 113A‑223.  Powersand duties of the Secretary.

(a)        The Secretary shall direct the control, eradication, andregulation of noxious aquatic weeds so as to protect and preserve human health,safety, and the beneficial uses of the waters of the State and to preventinjury to property and beneficial plant and animal life.  The Secretary shallhave the power to:

(1)        Conduct research and planning related to the control ofnoxious aquatic weeds;

(2)        Coordinate activities of all public bodies, authorities,agencies, and units of local government in the control and eradication ofnoxious aquatic weeds;

(3)        Delegate to any public body, authority, agency, or unit oflocal government any power or duty under this Article, except that theSecretary may not delegate the designation of noxious aquatic weeds;

(4)        Accept donations, grants, and services from both public andprivate sources;

(5)        Enter into contracts or agreements, including cost‑sharingagreements, with public or private agencies for research and development ofmethods of control of noxious aquatic weeds or for the performance of noxiousaquatic weed control activities;

(6)        Construct, acquire, operate, and maintain facilities andequipment necessary for the control of noxious aquatic weeds; and

(7)        Enter upon private property for purposes of conductinginvestigations and engaging in aquatic weed control activities.

(b)        The Secretary may control, remove, or destroy any noxiousaquatic weed located in the waters of the State or in areas adjacent to suchwaters wherever such weeds threaten to invade such waters.  The Secretary mayemploy any appropriate control technology which is consistent with federal andState law, regulations, and rules.  Control technologies may include, but arenot limited to drawdown of waters, application of chemicals to shoreline andsurface waters, mechanical controls, physical removal from transportmechanisms, quarantine of transport mechanisms, and biological controls.  Anybiological control technology may be implemented only after the environmentalreview provisions of the State Environmental Policy Act have been satisfied.

(c)        In determining the appropriate strategies and technologies,the Secretary shall consider their relative short‑term and long‑termcost‑efficiency and effectiveness, consistent with a margin of safetyadequate to protect public health and the resources of the State.

(d)        All activities carried out by the Secretary, his designees,and others authorized to perform any function under this Article shall beconsistent with all applicable federal and State law, regulations, and rules. (1991, c. 132.)