§ 143-215.94BB. Definitions. - North Carolina Statutes

§ 143‑215.94BB. Definitions.

In addition to the definitions set out in G.S. 143‑215.77, asused in this Part, the following definitions shall apply:

(1)        "Damages" are damages for any of the following:

a.         Injury or harm to real or personal property, which includesthe cost of restoring, repairing, or replacing any real or personal propertydamaged or destroyed by a discharge under this section, any income lost fromthe time such property is damaged to the time such property is restored,repaired, or replaced, and any reduction in value of such property caused bysuch discharge by comparison with its value prior thereto.

b.         Business loss, including loss of income or impairment ofearning capacity due to damage to real or personal property or to damage ordestruction of natural resources upon which such income or earning capacity isreasonably dependent.

c.         Interest on loans obtained or other financial obligationsincurred by an injured party for the purpose of ameliorating the adverseeffects of a discharge pending the payment of a claim in full as provided bythis Article.

d.         Costs of cleanup, removal, or treatment of natural gas, oil,or drilling waste discharges.

e.         Costs of restoration, rehabilitation, and, where possible,replacement of wildlife or other natural resources damaged as a result of adischarge.

f.          When the injured party is the State or one of its politicalsubdivisions, in addition to any injury described in subparagraphs (a) to (e),inclusive, damages include all of the following:

1.         Injury to natural resources or wildlife, includingrecreational or commercial fisheries, and loss of use and enjoyment of publicbeaches and other public resources or facilities within the jurisdiction of theState or one of its political subdivisions.

2.         Costs to assess damages to natural resources, wildlife, orhabitat.

3.         Costs incurred to monitor the cleanup of the natural gas,oil, or drilling waste spilled.

4.         Loss of State or local government tax revenues resultingfrom damages to real or personal property proximately resulting from adischarge.

(2)        For the purposes of this Part, "oil" and"drilling wastes" include, but are not limited to: petroleum, refinedor processed petroleum, petroleum by‑products, oil sludge, oil refuse,oil mixed with wastes and chemicals, or other materials used in theexploration, recovery, or processing of oil.  "Oil" does not includeoil carried in a vessel for use as fuel in that vessel.

(3)        "Natural gas" includes natural gas, liquefiednatural gas, and natural gas by‑products.  "Natural gas" doesnot include natural gas carried in a vessel for use as fuel in that vessel.

(4)        "Exploration" means undersea boring, drilling, andsoil sampling.

(5)        "Injured party" means any person who suffersdamages from natural gas, oil, or drilling waste which is discharged or leaksinto marine waters, or from offshore exploration.  The State, or a county ormunicipality, may be an injured party.

(6)        "Responsible person" means any of the following:

a.         The owner or transporter of natural gas, oil, or drillingwaste which causes an injury covered by this Part.

b.         The owner, operator, lessee of, or person who charters bydemise, any offshore well, undersea site, facility, oil rig, oil platform,vessel, or pipeline which is the source of natural gas, oil, drilling waste, oris the source or location of exploration which causes an injury covered by thisPart.

                  "Responsible party" does not include theUnited States, the State, any county, municipality or public governmentalagency; however, this exception to the definition of "responsibleperson" shall not be read to exempt utilities from the provisions of thisPart.

(7)        "Offshore waters" shall include both theterritorial sea extending seaward from the coastline of North Carolina to theState and federal boundary, and United States jurisdictional waters of theAtlantic Ocean adjacent to the territorial sea of the State.

(8)        "Natural resources" shall include "marine andestuarine resources" and "wildlife resources" as those terms aredefined in G.S. 113‑129(11) and G.S. 113‑129(17), respectively. (1989, c. 656, s. 5, c. 770, s. 75.5.)