§ 130A-310.5. Authority of the Secretary with respect to sites which pose an imminent hazard. - North Carolina Statutes

§130A‑310.5.  Authority of the Secretary with respect to sites which posean imminent hazard.

(a)        An imminent hazardexists whenever the Secretary determines, that there exists a condition causedby an inactive hazardous substance or waste disposal site, including a releaseor a substantial threat of a release into the environment of a hazardoussubstance from the site, which is causing serious harm to the public health orenvironment, or which is likely to cause such harm before a remedial actionplan can be developed.  Whenever the Secretary determines that an imminenthazard exists he may, in addition to any other powers he may have, withoutnotice or hearing, order any known responsible party to take immediately anyaction necessary to eliminate or correct the condition, or the Secretary, inhis discretion, may take such action without issuing an order.  Written noticeof any order issued pursuant to this section shall be provided to all personssubject to the order as set out in G.S. 130A‑310.3(c).  Unless the timerequired to do so would increase the harm to the public health or theenvironment, the Secretary shall solicit the cooperation of responsible partiesprior to the entry of any such order.  The provisions of subdivisions (1) to(3) of G.S. 130A‑310.6(a) shall apply to any action taken by theSecretary pursuant to this section, and any such action shall be consideredpart of a remedial action program, the cost of which may be recovered from anyresponsible party.

(b)        If a personviolates the requirements or schedules in an order issued pursuant to thissection, the Secretary may institute an action for injunctive relief,irrespective of all other remedies at law, in the superior court of the countywhere the violation occurred or where a defendant resides.

(c)        The cost of anyaction by the Secretary pursuant to this section may be paid from the InactiveHazardous Sites Cleanup Fund, or the Emergency Response Fund establishedpursuant to G.S. 130A‑306, subject to a later action for reimbursementpursuant to G.S. 130A‑310.7. (1987, c. 574, s. 2; 1989, c.286, s. 4; 1989 (Reg. Sess., 1990), c. 1004, s. 9, c. 1024, s. 30(a); 1991, c.342, s. 8.)