§ 20-128.1. Control of visible emissions. - North Carolina Statutes

§ 20‑128.1.  Control ofvisible emissions.

(a)        It shall be aviolation of this Article:

(1)        For any gasoline‑poweredmotor vehicle registered and operated in this State to emit visible aircontaminants under any mode of operation for longer than five consecutiveseconds.

(2)        For any diesel‑poweredmotor vehicle registered and operated in this State to emit for longer thanfive consecutive seconds under any mode of operation visible air contaminantswhich are equal to or darker than the shade or density designated as No. 1 onthe Ringelmann Chart or are equal to or darker than a shade or density oftwenty percent (20%) opacity.

(b)        Any person chargedwith a violation of this section shall be allowed 30 days within which to makethe necessary repairs or modification to bring the motor vehicle intoconformity with the standards of this section and to have the motor vehicleinspected and  approved by the agency issuing the notice of violation. Anyperson who, within 30 days of receipt of a notice of violation, and prior to inspection and approval by the agency issuing the notice, receives additionalnotice or notices of violation, may exhibit a certificate of inspection andapproval from the agency issuing the first notice in lieu of inspection andapproval by the agencies issuing the subsequent notices.

(c)        The provisions ofthis section shall be enforceable by all persons designated in G.S. 20‑49;by all law‑enforcement officers of this State within their respectivejurisdictions; by the personnel of  local air pollution control agencies withintheir respective jurisdictions; and by personnel of State air pollution controlagencies throughout the State.

(d)        Any person whofails to comply with the provisions of this section shall be subject to thepenalties provided in G.S. 20‑176. (1971, c. 1167, s. 10.)