§ 143-215.86. Other State agencies and State-designated local agencies. - North Carolina Statutes

§ 143‑215.86. Other State agencies and State‑designated local agencies.

(a)        Planning. – The State Emergency Response Commission shall beresponsible for developing a program, including training, for the waters of theState, including offshore marine waters, to enable the State to respond to anemergency oil or other hazardous substances spillage. In carrying out itsduties under this section, designated representatives of the State EmergencyResponse Commission, the Board of Transportation, the Wildlife ResourcesCommission, the Environmental Management Commission, the Division of MarineFisheries, the Outer Continental Shelf Lands Office of the Department ofAdministration, and any other agency or agencies of the State which the StateEmergency Response Commission shall deem necessary and appropriate, shallconfer and establish plans and procedures for the assignment and utilization ofpersonnel, equipment and material to be used in carrying out the purposes ofthis Part. Every State agency involved is authorized to adopt such rules asshall be necessary to effectuate the purposes of this section.

(b)        Cooperative Effort. – The Board of Transportation, the NorthCarolina Wildlife Resources Commission, the Division of Marine Fisheries, andany other agency of this State and any local agency designated by the Stateshall cooperate with and lend assistance to the Commission by assigning to theCommission upon its request personnel, equipment, and material to be utilizedin any project or activity related to the containment, collection, dispersal,or removal of oil or other hazardous substances discharged upon the land ordischarged into waters affecting this State.

(c)        Trucks. – The Secretary of Transportation may, afterconsultation with the Secretary of Environment and Natural Resources, purchaseand equip a sufficient number of trucks designed to carry out the provisions ofsubsection (b) of this section. These trucks shall be maintained by theDepartment of Transportation and shall be strategically located at variouslocations throughout the State so as to furnish a ready response when word ofan oil or other hazardous substances discharge has been received. The Secretaryof Environment and Natural Resources or his designee will, after consultation,decide where the trucks are to be located.

(d)        Rules. – The Secretary of Transportation and the Secretaryof Environment and Natural Resources or their designees shall adopt rules forthe placement of these trucks and shall determine the manner and way in whichthey are to be used. The Secretary of Environment and Natural Resources shallreimburse the Department of Transportation for expenses incurred by theDepartment of Transportation during cleanups as provided in G.S. 143‑215.88.

(e)        Accounts. – Every State agency or other State‑designatedlocal agency participating in the containment, collection, dispersal, orremoval of an oil or other hazardous substances discharge or in restorationnecessitated by such discharge, shall keep a record of all expenses incurred incarrying out any such project or activity including the actual servicesperformed by the agency's personnel and the use of the agency's personnel andthe use of the agency's equipment and material. A copy of all records shall bedelivered to the Commission upon completion of the project or activity. (1973, c. 507, s. 5; c. 534, s. 1; c. 1262, s. 23;1979, c. 535, ss. 18, 19; 1987, c. 827, ss. 154, 195; 1989, c. 656, s. 3; c.727, ss. 164, 165; 1997‑443, s. 11A.119(a).)