§ 143-215.87. Oil or Other Hazardous Substances Pollution Protection Fund. - North Carolina Statutes

§ 143‑215.87.  Oilor Other Hazardous Substances Pollution Protection Fund.

There is hereby established under the control and direction of theDepartment an Oil or Other Hazardous Substances Pollution Protection Fund whichshall be a nonlapsing, revolving fund consisting of any moneys appropriated forsuch purpose by the General Assembly or that shall be available to it from anyother source. The moneys shall be used to defray the expenses of any project orprogram for the containment, collection, dispersal or removal of oil or otherhazardous substances discharged to the land or waters of this State, ordischarged into waters outside the territorial limits of the State which affectland and waters or related uses within the State; to assess damages for injuryto, destruction of, or loss of use of natural resources; and to develop andimplement plans for restoration, rehabilitation, replacement, or acquisition ofthe equivalent of the natural resources injured by the discharge. In additionto any moneys that shall be appropriated or otherwise made available to it, thefund shall be maintained by fees, charges, or other moneys except for the clearproceeds of civil penalties paid to or recovered by or on behalf of theDepartment under the provisions of this Part. Any moneys paid to or recoveredby or on behalf of the Department as fees, charges, or other payments asdamages authorized by this Part except for the clear proceeds of civilpenalties shall be paid to the Oil or Other Hazardous Substances Pollution ProtectionFund in an amount equal to the sums expended from the fund for the project oractivity.

The clear proceeds of civil penalties provided for in this sectionshall be remitted to the Civil Penalty and Forfeiture Fund in accordance withG.S. 115C‑457.2. (1973, c. 534, s. 1; c. 1262, s. 23; 1979, c. 535, s. 20; 1989, c. 656,s. 4; 1993, c. 402, s. 10; 1998‑215, s. 67(b).)