§ 143-215.77. Definitions. - North Carolina Statutes

§ 143‑215.77. Definitions.

As used in this Article, unless the context otherwise requires:

(1)        "Barrel" shall mean 42 U.S. gallons at 60 degreesFahrenheit.

(2)        "Commission" means the North CarolinaEnvironmental Management Commission.

(3)        "Secretary" shall mean the North CarolinaSecretary of Environment and Natural Resources.

(4)        "Discharge" shall mean, but shall not be limitedto, any emission, spillage, leakage, pumping, pouring, emptying, or dumping ofoil or other hazardous substances into waters of the State or into watersoutside the territorial limits of the State which affect lands, waters or usesrelated thereto within the territorial limits of the State, or upon land insuch proximity to waters that oil or other hazardous substances is reasonablylikely to reach the waters, but shall not include amounts less than quantitieswhich may be harmful to the public health or welfare as determined pursuant toG.S. 143‑215.77A; provided, however, that this Article shall not beconstrued to prohibit the oiling of driveways, roads or streets for reductionof dust or routine maintenance; provided further, that the use of oil or otherhazardous substances, oil‑based products, or chemicals on the land orwaters by any State, county, or municipal government agency in any program ofmosquito or other pest control, or their use by any person in acceptedagricultural, horticultural, or forestry practices, or in connection withaquatic weed control or structural pest and rodent control, in a mannerapproved by the State, county, or local agency charged with authority over suchuses, shall not constitute a discharge; provided, further, that the use of apesticide regulated by the North Carolina Pesticide Board in a mannerconsistent with the labelling required by the North Carolina Pesticide Lawshall not constitute a "discharge" for purposes of this Article. Theword "discharge" shall also include any discharge upon land, whetheror not in proximity to waters, which is intentional, knowing or willful.

(5)        "Having control over oil or other hazardoussubstances" shall mean, but shall not be limited to, any person, using,transferring, storing, or transporting oil or other hazardous substancesimmediately prior to a discharge of such oil or other hazardous substances ontothe land or into the waters of the State, and specifically shall includecarriers and bailees of such oil or other hazardous substances. This definitionshall not include any person supplying or delivering oil into a petroleumunderground storage tank that is not owned or operated by the person, unless:

a.         The person knows or has reason to know that a discharge isoccurring from the petroleum underground storage tank at the time of supply ordelivery;

b.         The person's negligence is a proximate cause of the discharge;or

c.         The person supplies or delivers oil at a facility thatrequires an operating permit under G.S. 143‑215.94U and a currently validoperating permit certificate is not held or displayed at the time of the supplyor delivery.

(5a)      "Hazardous substance" shall mean any substance,other than oil, which when discharged in any quantity may present an imminentand substantial danger to the public health or welfare, as designated pursuantto G.S. 143‑215.77A.

(6)        Repealed by Session Laws 1979, c. 981, s. 5.

(7)        "Department" shall mean the Department ofEnvironment and Natural Resources.

(8)        "Oil" shall mean oil of any kind and in any form,including, but specifically not limited to, petroleum, crude oil, diesel oil,fuel oil, gasoline, lubrication oil, oil refuse, oil mixed with other waste,oil sludge, petroleum related products or by‑products, and all otherliquid hydrocarbons, regardless of specific gravity, whether singly or incombination with other substances.

(9)        "Bailee" shall mean any person who accepts oil orother hazardous substances to hold in trust for another for a special purposeand for a limited period of time.

(10)      "Carrier" shall mean any person who engages in thetransportation of oil or other hazardous substances for compensation.

(11)      "Oil terminal facility" shall mean any facility ofany kind and related appurtenances located in, on or under the surface of anyland, or water, including submerged lands, which is used or capable of beingused for the purpose of transferring, transporting, storing, processing, orrefining oil; but shall not include any facility having a storage capacity ofless than 500 barrels, nor any retail gasoline dispensing operation serving themotoring public. A vessel shall be considered an oil terminal facility only inthe event that it is utilized to transfer oil from another vessel to an oilterminal facility; or to transfer oil between one oil terminal facility andanother oil terminal facility; or is used to store oil.

(12)      "Operator" shall mean any person owning oroperating an oil terminal facility or pipeline, whether by lease, contract, orany other form of agreement.

(13)      "Person" shall mean any and all natural persons,firms, partnerships, associations, public or private institutions,municipalities or political subdivisions, governmental agencies, or private orpublic corporations organized or existing under the laws of this State or anyother state or country.

(14)      "Pipeline" shall mean any conduit, pipe or systemof pipes, and any appurtenances related thereto and used in conjunctiontherewith, used, or capable of being used, for transporting or transferring oilto, from, or between oil terminal facilities.

(15)      "Restoration" or "restore" shall mean anyactivity or project undertaken in the public interest or to protect publicinterest or to protect public property or to promote the public health, safetyor welfare for the purpose of restoring any lands or waters affected by an oilor other hazardous substances discharge as nearly as is possible or desirableto the condition which existed prior to the discharge.

(16)      "Transfer" shall mean the transportation, on‑loadingor off‑loading of oil or other hazardous substances between or among twoor more oil terminal facilities; between or among oil terminal facilities andvessels; and between or among two or more vessels.

(17)      "Vessel" shall include every description ofwatercraft or other contrivance used, or capable of being used, as a means oftransportation on water, whether self‑propelled or otherwise, and shallinclude, but shall not be limited to, barges and tugs; provided that the term"vessel" as used herein shall not apply to any pleasure, sport orcommercial fishing vessel which has a fuel capacity of less than 500 gallonsand is not used to transport petroleum, petroleum products, or general cargo.

(18)      "Waters" shall mean any stream, river, creek,brook, run, canal, swamp, lake, sound, tidal estuary, bay, reservoir, waterway,wetlands, or any other body or accumulation of water, surface or underground,public or private, natural or artificial, which is contained within, flowsthrough, or borders upon this State, or any portion thereof, including thoseportions of the Atlantic Ocean over which this State has jurisdiction. (1973, c. 534, s. 1; c. 1262, s. 23; 1977, c. 771, s.4; 1979, c. 535, ss. 3‑10; c. 981, ss. 3‑5; 1979, 2nd Sess., c.1209, ss. 1, 2; 1987, c. 827, s. 155; 1989, c. 656, s. 1; c. 727, s. 218(111);1995, c. 377, s. 12; 1997‑443, s. 11A.119(a).)