reglab/housing_qa huggingface dataset:
NC Gen Stat § 143-215.77A (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21A - Oil Pollution and Hazardous Substances Control.|§ 143-215.77A - Designation of hazardous substances and determination of quantities which may be harmful.

 143-215.77A. Designation of hazardous substances and determination of quantities which may be harmful.(a) Those substances designated as hazardous as of June 1, 1980, by the Administrator of the United States Environmental Protection Agency under 33 U.S.C. 1321(b)(2)(A) are designated as hazardous substances for purposes of this Article.(b) Such quantities of hazardous substances as may be harmful as determined as of June 1, 1980, by the Administrator of the United States Environmental Protection Agency under 33 U.S.C. 1321(b)(4) are quantities which may be harmful for purposes of this Article.(c) Changes by Administrator of the United States Environmental Protection Agency in the designation of hazardous substances and the determination of quantities which may be harmful shall be deemed to be made to the designation of hazardous substances and the determination of quantities for purposes of this Article, unless the Commission objects within 120 days of publication of the action in the Federal Register. The Commission may object to a change by the Administrator on the basis that the change is not consistent with the standards for determining hazardous substances or harmful quantities. Upon objection by the Commission to a change, the Commission shall initiate rule-making proceedings on the change. The change will not be made pending the hearing and a final determination by the Commission. After the hearing, the Commission may reject the change upon a finding that the change is not consistent with the standards for determining hazardous substances or harmful quantities. (1979, 2nd Sess., c. 1209, s. 3; 1987, c. 827, s. 190.)
NC Gen Stat § 143-215.78 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21A - Oil Pollution and Hazardous Substances Control.|§ 143-215.78 - Oil pollution control program.

 143-215.78. Oil pollution control program.The Department shall establish an oil pollution control program for the administration of this Article. The Department may employ and prescribe the duties of employees assigned to this activity. (1973, c. 534, s. 1; c. 1262, s. 23; 1979, c. 535, s. 11.)
NC Gen Stat § 143-215.79 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21A - Oil Pollution and Hazardous Substances Control.|§ 143-215.79 - Inspections and investigations; entry upon property.

 143-215.79. Inspections and investigations; entry upon property.The Commission, through its authorized representatives, is empowered to conduct such inspections and investigations as shall be reasonably necessary to determine compliance with the provisions of this Article; to determine the person or persons responsible for violation of this Article; to determine the nature and location of any oil or other hazardous substances discharged to the land or waters of this State; and to enforce the provisions of this Article. The authorized representatives of the Commission are empowered upon presentation of their credentials to enter upon any private or public property, including boarding any vessel, for the purpose of inspection or investigation or in order to conduct any project or activity to contain, collect, disperse or remove oil or other hazardous substances discharges or to perform any restoration necessitated by an oil or other hazardous substances discharge. Neither the State nor its agencies, employees or agents shall be liable in trespass or damages arising out of the conduct of any inspection, investigation, or oil or other hazardous substances removal or restoration project or activity other than liability for damage to property or injury to persons arising out of the negligent or willful conduct of an employee or agent of the State during the course of an inspection, investigation, project or activity. (1973, c. 534, s. 1; c. 1262, s. 23; 1979, c. 535, s. 12; 1987, c. 827, s. 154.)
NC Gen Stat § 143-215.80 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21A - Oil Pollution and Hazardous Substances Control.|§ 143-215.80 - Confidential information.

 143-215.80. Confidential information.Any information relating to a secret process, device or method of manufacturing or production discovered or obtained in the course of an inspection, investigation, project or activity conducted pursuant to this Article shall not be revealed except as may be required by law or lawful order or process. (1973, c. 534, s. 1.)
NC Gen Stat § 143-215.81 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21A - Oil Pollution and Hazardous Substances Control.|§ 143-215.81 - Authority supplemental.

 143-215.81. Authority supplemental.The authority and powers granted under this Article shall be in addition to, and not in derogation of, any authority or powers vested in the Commission under any other provision of law, except to the extent that such other powers or authority may conflict directly with the powers and authority granted under this Article. (1973, c. 534, s. 1; c. 1262, s. 23; 1987, c. 827, ss. 154, 191.)
NC Gen Stat § 143-215.82 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21A - Oil Pollution and Hazardous Substances Control.|§ 143-215.82 - Local ordinances.

 143-215.82. Local ordinances.Nothing in the Article shall be construed to deny any county, municipality, sanitary district, metropolitan sewerage district or other authorized local governmental entity, by ordinance, regulation or law, from exercising police powers with reference to the prevention and control of oil or other hazardous substances discharges to sewers or disposal systems. (1973, c. 534, s. 1; 1979, c. 535, s. 13.)
NC Gen Stat § 143-215.83 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21A - Oil Pollution and Hazardous Substances Control.|§ 143-215.83 - Discharges.

 143-215.83. Discharges.(a) Unlawful Discharges. - It shall be unlawful, except as otherwise provided in this Part, for any person to discharge, or cause to be discharged, oil or other hazardous substances into or upon any waters, tidal flats, beaches, or lands within this State, or into any sewer, surface water drain or other waters that drain into the waters of this State, regardless of the fault of the person having control over the oil or other hazardous substances, or regardless of whether the discharge was the result of intentional or negligent conduct, accident or other cause.(b) Excepted Discharges. - This section shall not apply to discharges of oil or other hazardous substances in the following circumstances:(1) When the discharge was authorized by an existing rule of the Commission.(2) When any person subject to liability under this Article proves that a discharge was caused by any of the following:a. An act of God.b. An act of war or sabotage.c. Negligence on the part of the United States government or the State of North Carolina or its political subdivisions.d. An act or omission of a third party, whether any such act or omission was or was not negligent.e. Any act or omission by or at the direction of a law-enforcement officer or fireman.(c) Permits. - Any person who desires or proposes to discharge oil or other hazardous substances onto the land or into the waters of this State shall first make application for and secure the permit required by G.S. 143-215.1. Application shall be made pursuant to the rules adopted by the Commission. Any permit granted pursuant to this subsection may contain such terms and conditions as the Commission shall deem necessary and appropriate to conserve and protect the land or waters of this State and the public interest therein. (1973, c. 534, s. 1; c. 1262, s. 23; 1979, c. 535, s. 14; 1987, c. 827, ss. 154, 192.)
NC Gen Stat § 143-215.87 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21A - Oil Pollution and Hazardous Substances Control.|§ 143-215.87 - Oil or Other Hazardous Substances Pollution Protection Fund.

 143-215.87. Oil or Other Hazardous Substances Pollution Protection Fund.There is hereby established under the control and direction of the Department an Oil or Other Hazardous Substances Pollution Protection Fund which shall be a nonlapsing, revolving fund consisting of any moneys appropriated for such purpose by the General Assembly or that shall be available to it from any other source. The moneys shall be used to defray the expenses of any project or program for the containment, collection, dispersal or removal of oil or other hazardous substances discharged to the land or waters of this State, or discharged into waters outside the territorial limits of the State which affect land and waters or related uses within the State; to assess damages for injury to, destruction of, or loss of use of natural resources; and to develop and implement plans for restoration, rehabilitation, replacement, or acquisition of the equivalent of the natural resources injured by the discharge. In addition to any moneys that shall be appropriated or otherwise made available to it, the fund shall be maintained by fees, charges, or other moneys except for the clear proceeds of civil penalties paid to or recovered by or on behalf of the Department under the provisions of this Part. Any moneys paid to or recovered by or on behalf of the Department as fees, charges, or other payments as damages authorized by this Part except for the clear proceeds of civil penalties shall be paid to the Oil or Other Hazardous Substances Pollution Protection Fund in an amount equal to the sums expended from the fund for the project or activity.The clear proceeds of civil penalties provided for in this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. (1973, c. 534, s. 1; c. 1262, s. 23; 1979, c. 535, s. 20; 1989, c. 656, s. 4; 1993, c. 402, s. 10; 1998-215, s. 67(b).)
NC Gen Stat § 143-215.88 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21A - Oil Pollution and Hazardous Substances Control.|§ 143-215.88 - Payment to State agencies or State-designated local agencies.

 143-215.88. Payment to State agencies or State-designated local agencies.Upon completion of any oil or other hazardous substances removal or restoration project or activity conducted pursuant to the provisions of this Part, each agency of the State or any State-designated local agency that has participated by furnishing personnel, equipment or material shall deliver to the Department a record of the expenses incurred by the agency. The amount of incurred expenses shall be disbursed by the Secretary to each such agency from the Oil or Other Hazardous Substances Pollution Protection Fund. Upon completion of any oil or other hazardous substances removal or restoration project or activity, the Secretary shall prepare a statement of all expenses and costs of the project or activity expended by the State and shall make demand for payment upon the person having control over the oil or other hazardous substances discharged to the land or waters of the State, unless the Commission shall determine that the discharge occurred due to any of the reasons stated in G.S. 143-215.83(b). Any person having control of oil or other hazardous substances discharged to the land or waters of the State in violation of the provisions of this Part and any other person causing or contributing to the discharge of oil or other hazardous substances shall be directly liable to the State for the necessary expenses of oil or other hazardous substances cleanup projects and activities arising from such discharge and the State shall have a cause of action to recover from any or all such persons. If the person having control over the oil or other hazardous substances discharged shall fail or refuse to pay the sum expended by the State, the Secretary shall refer the matter to the Attorney General of North Carolina, who shall institute an action in the name of the State in the Superior Court of Wake County, or in his discretion, in the superior court of the county in which the discharge occurred, to recover such cost and expenses. (1973, c. 534, s. 1; c. 1262, s. 23; 1977, c. 858, s. 2; 1979, c. 535, ss. 21, 22; 1987, c. 827, s. 154.)
NC Gen Stat § 143-215.89 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21A - Oil Pollution and Hazardous Substances Control.|§ 143-215.89 - Multiple liability for necessary expenses; limit on State recovery.

 143-215.89. Multiple liability for necessary expenses; limit on State recovery.(a) Any person liable for costs of cleanup of oil or other hazardous substances under this Part shall have a cause of action to recover such costs in part or in whole from any other person causing or contributing to the discharge of oil or other hazardous substances into the waters of the State, including any amount recoverable by the State as necessary expenses.(b) The total recovery by the State for damage to the public resources pursuant to G.S. 143-215.90 and for the cost of oil or other hazardous substances cleanup, arising from any discharge, shall not exceed the applicable limits prescribed by federal law with respect to the United States government on account of such discharge. The limitations on recovery referenced in this subsection shall not apply to damages recoverable pursuant to G.S. 143-215.94CC.  (1973, c. 534, s. 1; 1979, c. 535, s. 23; 1989 (Reg. Sess., 1990), c. 1045, s. 12; 2010-179, s. 1(a).)
NC Gen Stat § 143-215.91 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21A - Oil Pollution and Hazardous Substances Control.|§ 143-215.91 - Recodified as §§ 143-215.88A, 143-215.88B.

 143-215.91: Recodified as 143-215.88A, 143-215.88B.
NC Gen Stat § 143-215.91A (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21A - Oil Pollution and Hazardous Substances Control.|§ 143-215.91A - Limited liability for volunteers in oil and hazardous substance abatement.

 143-215.91A. Limited liability for volunteers in oil and hazardous substance abatement.Part 5 of this Article shall apply to the determination of civil liability or penalty pursuant to this Article. (1987, c. 269, s. 3.)
NC Gen Stat § 143-215.92 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21A - Oil Pollution and Hazardous Substances Control.|§ 143-215.92 - Lien on vessel.

 143-215.92. Lien on vessel.Any vessel (other than one owned or operated by the State of North Carolina or its political subdivisions or the United States government) from which oil or other hazardous substances is discharged in violation of this Part or any rule prescribed pursuant thereto, shall be liable for the pecuniary penalty and costs of oil or other hazardous substances removal specified in this 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 posted with the Commission in an amount and with sureties acceptable to the Commission, or a cash deposit is made with the Commission in an amount acceptable to the Commission. Provided further, that such lien shall not have priority over any existing perfected lien or security interest. The Commission may adopt rules providing for such conditions, limitations, and requirements concerning the bond or deposit prescribed by this section as the Commission deems necessary. (1973, c. 534, s. 1; c. 1262, s. 23; 1979, c. 535, s. 27; 1987, c. 827, ss. 154, 198.)
NC Gen Stat § 143-215.93 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21A - Oil Pollution and Hazardous Substances Control.|§ 143-215.93 - Liability for damage caused.

 143-215.93. Liability for damage caused.Any person having control over oil or other hazardous substances which enters the waters of the State in violation of this Part shall be strictly liable, without regard to fault, for damages to persons or property, public or private, caused by such entry, subject to the exceptions enumerated in G.S. 143-215.83(b). (1973, c. 534, s. 1; 1979, c. 535, s. 28.)
NC Gen Stat § 143-215.94 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21A - Oil Pollution and Hazardous Substances Control.|§ 143-215.94 - Joint and several liability.

 143-215.94. Joint and several liability.In order to provide maximum protection for the public interest, any actions brought pursuant to G.S. 143-215.88 through 143-215.91(a), 143-215.93 or any other section of this Article, for recovery of cleanup costs or for civil penalties or for damages, may be brought against any one or more of the persons having control over the oil or other hazardous substances or causing or contributing to the discharge of oil or other hazardous substances. All said persons shall be jointly and severally liable, but ultimate liability as between the parties may be determined by common-law principles. (1973, c. 534, s. 1; 1977, c. 858, s. 3; 1979, c. 535, s. 29.)
NC Gen Stat § 143-215.94F (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21A - Oil Pollution and Hazardous Substances Control.|§ 143-215.94F - Limited amnesty.

 143-215.94F. Limited amnesty.Any owner or operator who reports a suspected discharge or release from an underground storage tank prior to 1 October 1989 shall not be liable for any civil penalty that might otherwise be imposed pursuant to G.S. 143-215.88A(a) for violations of G.S. 143-215.83(a) and G.S. 143-215.85. The limited amnesty provided by this section shall not apply upon a finding by the Commission that the discharge or release was the result of gross negligence or an intentional act. (1987 (Reg. Sess., 1988), c. 1035, s. 1; 1989, c. 652, s. 8.)
NC Gen Stat § 143-215.94H (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21A - Oil Pollution and Hazardous Substances Control.|§ 143-215.94H - Financial responsibility.

 143-215.94H. Financial responsibility.(a) The Department shall require each owner and operator of a petroleum underground storage tank who is required to demonstrate financial responsibility under rules promulgated by the United States Environmental Protection Agency pursuant to 42 U.S.C. 6991b(d) to maintain evidence of financial responsibility that is the lesser of:(1) The full amount of the financial responsibility that an owner or operator is required to demonstrate under rules promulgated by the United States Environmental Protection Agency pursuant to 42 U.S.C. 6991b(d).(2) The amounts required to be paid for by the owner or operator pursuant to G.S. 143-215.94E(b) per occurrence for costs described in G.S. 143-215.94B(b) and G.S. 143-215.94B(b1) if costs are eligible to be paid under those subsections.(b) Financial responsibility may be established in accordance with rules adopted by the Commission which shall provide that financial responsibility may be established by either insurance, guarantee, surety bond, letter of credit, qualification as a self-insurer, or any combination thereof. The compliance date schedule for demonstrating financial responsibility shall conform to the schedule adopted by the Environmental Protection Agency.  (1987 (Reg. Sess., 1988), c. 1035, s. 1; 1989, c. 652, s. 10; 1993, c. 402, s. 5; 2008-195, s. 4; 2009-570, s. 19.)
NC Gen Stat § 143-215.94J (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21A - Oil Pollution and Hazardous Substances Control.|§ 143-215.94J - Limitation of liability of the State of North Carolina.

 143-215.94J. Limitation of liability of the State of North Carolina.(a) No claim filed against the Commercial Fund shall be paid except from assets of the respective fund as provided for in this Part or as may otherwise be authorized by law.(b) This Part shall not be construed to obligate the General Assembly to make any appropriation to implement the provisions of this Part; nor shall it be construed to obligate the Secretary to take any action pursuant to this Part for which funds are not available from appropriations or otherwise.(c) The Secretary may budget anticipated receipts as needed to implement this Part.(d) Repealed by Session Laws 2015-241, s. 14.16A(g), effective December 31, 2016.(e) If at any time the fund balance is insufficient to pay all valid claims against it, the claims shall be paid in full in the order in which they are finally determined. The Secretary may retain not more than five hundred thousand dollars ($500,000) in the Commercial Fund as a contingency reserve and not apply the reserve to the claims. The Department may use the contingency reserve to conduct cleanups in accordance with G.S. 143-215.94G when an imminent hazard poses a threat to human health or to significant natural resources.  (1987 (Reg. Sess., 1988), c. 1035, s. 1; 1989, c. 652, s. 16; 1991, c. 538, s. 9; 1993, c. 400, s. 15; 2015-241, s. 14.16A(g).)
NC Gen Stat § 143-215.94K (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21A - Oil Pollution and Hazardous Substances Control.|§ 143-215.94K - Enforcement.

 143-215.94K. Enforcement.The provisions of G.S. 143-215.94W through G.S. 143-215.94Y shall apply to this Part. (1987 (Reg. Sess., 1988), c. 1035, s. 1; 1993, c. 400, s. 15; 1995, c. 377, s. 10.)
NC Gen Stat § 143-215.94L (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21A - Oil Pollution and Hazardous Substances Control.|§ 143-215.94L - Definitions.

 143-215.94L. Definitions.(a) The Commission may adopt rules necessary to implement the provisions of this Part. Except as may be otherwise specifically provided, the provisions of Chapter 150B of the General Statutes apply to this Part.(b) This Part shall be administered by the Department consistent with the provisions of Title VI, 601 of the Hazardous and Solid Waste Amendments of 1984, Pub. L. No. 98-616, 42 U.S.C. 6991 et seq., as amended. The provisions of 40 Code of Federal Regulations Part 280, Subpart I - Lender Liability (1 July 1997 Edition) apply to this Part and Part 2B of this Article.(c) The provisions of this Part and of Part 2 of this Article are intended to be complementary. This Part shall not be construed to limit the liability under G.S. 143-215.84(a) of any person or to limit the authority of the Department to take any action pursuant to G.S. 143-215.84(b).(d) This Part shall be known and may be cited as the Leaking Petroleum Underground Storage Tank Cleanup Act of 1988.(e) The Department of Environmental Quality shall establish a process to provide informal notice of any proposed policy change or rule interpretation that is not a rule, as defined in G.S. 150B-2, to interested parties. Except in a situation that requires immediate action, the Department shall receive and consider oral and written comment from interested parties before the Department implements the proposed policy change or rule interpretation. Except in a situation that requires immediate action, the Department shall provide written notice of a policy change or rule interpretation to interested parties at least 30 days prior to its implementation.  (1987 (Reg. Sess., 1988), c. 1035, s. 1; 1991, c. 538, ss. 10, 16; 1993, c. 400, s. 15; 1998-161, s. 9; 2008-195, s. 9; 2015-241, s. 14.30(u).)