§ 143-215.94EE. Removal of prohibited discharges. - North Carolina Statutes

§ 143‑215.94EE. Removal of prohibited discharges.

(a)        The Department shall be authorized and empowered to proceedwith the cleanup of discharges covered under this Part pursuant to theauthority granted to the Department in G.S. 143‑215.84(b) and G.S. 143‑215.94HH(b)(2).

(b)        Any unexplained discharge of oil, natural gas or drillingwastes occurring in waters beyond the jurisdiction of the State that for anyreason penetrates within State jurisdiction shall be removed by or under thedirection of the Department.  Except for any expenses incurred by theresponsible person, should such person become known, all expenses incurred inthe removal of such discharges shall be paid promptly by the State from the Oilor Other Hazardous Substances Pollution Protection Fund established pursuant toG.S. 143‑215.87 or from any other available sources.  In the case ofunexplained discharges, the matter shall be referred by the Secretary to theNorth Carolina Attorney General for collection of damages pursuant to G.S. 143‑215.94FFof this Part.  At his discretion, the Attorney General may refer the matter tothe State Bureau of Investigation or other appropriate State or federalauthority to determine the identity of the responsible person.

(c)        Nothing in this section is intended to preclude cleanup andremoval by any person threatened by such discharges, who, as soon as isreasonably possible, coordinates and obtains approval for such actions withongoing State or federal operations and appropriate State and federal authorities.

(d)        No action taken by any person to contain or remove anunlawful discharge shall be construed as an admission of liability for saiddischarge. (1989, c. 656, s.5, c. 770, s. 75.5; 1991, c. 342, s. 13.)