§ 143-215.94J. Limitation of liability of the State of North Carolina. - North Carolina Statutes

§ 143‑215.94J. Limitation of liability of the State of North Carolina.

(a)        No claim filed against either the Commercial Fund or theNoncommercial Fund shall be paid except from assets of the respective fund asprovided for in this Part or as may otherwise be authorized by law.

(b)        This Part shall not be construed to obligate the GeneralAssembly to make any appropriation to implement the provisions of this Part;nor shall it be construed to obligate the Secretary to take any action pursuantto this Part for which funds are not available from appropriations orotherwise.

(c)        The Secretary may budget anticipated receipts as needed toimplement this Part.

(d)        Should the Secretary find that the Noncommercial Fundbalance is insufficient to satisfy all claims and other obligations of theNoncommercial Fund incurred pursuant to this Part, the Secretary may transferfunds which would otherwise revert to the General Fund to the NoncommercialFund in order to meet such claims and obligations.

(e)        If at any time either fund balance is insufficient to payall valid claims against it, the claims shall be paid in full in the order inwhich they are finally determined.  The Secretary may retain not more than fivehundred thousand dollars ($500,000) in the Noncommercial Fund as a contingencyreserve and not apply the reserve to the claims.  The Department may use thecontingency reserve to conduct cleanups in accordance with G.S. 143‑215.94Gwhen an imminent hazard poses a threat to human health or to significantnatural resources. (1987 (Reg. Sess.,1988), c. 1035, s. 1; 1989, c. 652, s. 16; 1991, c. 538, s. 9; 1993, c. 400, s.15.)