§ 143-215.83. Discharges.

NORTH CAROLINA STATUTES AND CODES

Part 2. Oil Discharge Controls.

§ 143‑215.83. Discharges.

(a) Unlawful Discharges. It shall be unlawful, except asotherwise provided in this Part, for any person to discharge, or cause to bedischarged, oil or other hazardous substances into or upon any waters, tidalflats, beaches, or lands within this State, or into any sewer, surface waterdrain or other waters that drain into the waters of this State, regardless ofthe fault of the person having control over the oil or other hazardoussubstances, or regardless of whether the discharge was the result ofintentional or negligent conduct, accident or other cause.

(b) Excepted Discharges. This section shall not apply todischarges of oil or other hazardous substances in the following circumstances:

(1) When the discharge was authorized by an existing rule of theCommission.

(2) When any person subject to liability under this Articleproves that a discharge was caused by any of the following:

a. An act of God.

b. An act of war or sabotage.

c. Negligence on the part of the United States government orthe State of North Carolina or its political subdivisions.

d. An act or omission of a third party, whether any such act oromission was or was not negligent.

e. Any act or omission by or at the direction of a law‑enforcementofficer or fireman.

(c) Permits. Any person who desires or proposes to dischargeoil or other hazardous substances onto the land or into the waters of thisState shall first make application for and secure the permit required by G.S.143‑215.1. Application shall be made pursuant to the rules adopted by theCommission. Any permit granted pursuant to this subsection may contain suchterms and conditions as the Commission shall deem necessary and appropriate toconserve and protect the land or waters of this State and the public interesttherein. (1973, c. 534, s.1; c. 1262, s. 23; 1979, c. 535, s. 14; 1987, c. 827, ss. 154, 192.)