§ 130A-306. Emergency Response Fund. - North Carolina Statutes

§130A‑306.  Emergency Response Fund.

There is established under thecontrol and direction of the Department, an Emergency Response Fund which shallbe a nonreverting fund consisting of any money appropriated for such purpose bythe General Assembly or available to it from grants, fees, charges, and othermoney paid to or recovered by or on behalf of the Department pursuant to thisArticle, except fees and penalties specifically designated by this Article forsome other use or purpose. The Emergency Response Fund shall be treated as aspecial trust fund and shall be credited with interest by the State Treasurerpursuant to G.S. 147‑69.2 and G.S. 147‑69.3. The Fund shall be usedto defray expenses incurred by the Department in developing and implementing anemergency hazardous waste remedial plan and to reimburse any federal, State orlocal agency and any agent or contractor for expenses incurred in developingand implementing such a plan that has been approved by the Department. Thesefunds shall be used upon a determination that sufficient funds or correctiveaction cannot be obtained from other sources without incurring a delay thatwould significantly increase the threat to life or risk of damage to theenvironment. This Fund may not exceed five hundred thousand dollars ($500,000);money in excess of five hundred thousand dollars ($500,000) shall be depositedin the Inactive Hazardous Sites Cleanup Fund. The Secretary is authorized totake the necessary action to recover all costs incurred by the State for siteinvestigation and the development and implementation of an emergency hazardouswaste remedial plan, including attorney's fees and other expenses of bringingthe cost recovery action from the responsible party or parties. The provisionsof G.S. 130A‑310.7 shall apply to actions to recover costs under thissection except that: (i) reimbursement shall be to the Emergency Response Fundand (ii) the State need not show that it has complied with the provisions ofPart 3 of this Article. (1983 (Reg. Sess., 1984), c. 1034, s. 74; 1989, c.286, s. 1; 1998‑215, s. 54(b).)