§ 143-215.92. Lien on vessel. - North Carolina Statutes

§ 143‑215.92. Lien on vessel.

Any vessel (other than one owned or operated by the State of NorthCarolina or its political subdivisions or the United States government) fromwhich oil or other hazardous substances is discharged in violation of this Partor any rule prescribed pursuant thereto, shall be liable for the pecuniarypenalty and costs of oil or other hazardous substances removal specified inthis Part and such penalty and costs shall constitute a lien on such vessel;provided, however, that said lien shall not attach if a surety bond is postedwith the Commission in an amount and with sureties acceptable to theCommission, or a cash deposit is made with the Commission in an amountacceptable to the Commission. Provided further, that such lien shall not havepriority over any existing perfected lien or security interest. The Commissionmay adopt rules providing for such conditions, limitations, and requirementsconcerning the bond or deposit prescribed by this section as the Commissiondeems necessary. (1973, c. 534, s. 1; c.1262, s. 23; 1979, c. 535, s. 27; 1987, c. 827, ss. 154, 198.)