reglab/housing_qa huggingface dataset:
NC Gen Stat § 143-215.94RR (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21A - Oil Pollution and Hazardous Substances Control.|§ 143-215.94RR - Training requirements for emergency response operators.

 143-215.94RR. Training requirements for emergency response operators.(a) The Department shall develop a training program for emergency response operators. In order to satisfactorily complete the training, an emergency response operator shall, at a minimum, demonstrate all of the following:(1) General understanding of the underground storage tank system at the facility, and knowledge of the location and proper operation of the safety and emergency response equipment.(2) Understanding of the actions to be taken in response to an emergency, including situations posing an immediate danger or threat to the public or to the environment and requiring immediate action.(3) Understanding of leak detection alarms and preparations needed to respond to alarms before a release has occurred.(4) Recognition of unusual operating conditions, equipment failures, or environmental conditions that may indicate a release, and knowledge of the steps to take in response to a suspected release.(5) Knowledge of immediate steps to take in response to a confirmed release to stop further release and to contain spills before they reach the environment.(b) The primary operator is responsible for implementing the training program developed by the Department for emergency response operators. The primary operator shall train each emergency response operator of the underground storage tank system at the facility. Prior to training an emergency response operator, the primary operator shall have satisfactorily completed all training required by this section. The primary operator shall maintain documentation of training provided to emergency response operators.  (2010-154, s. 2.)
NC Gen Stat § 143-215.94SS (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21A - Oil Pollution and Hazardous Substances Control.|§ 143-215.94SS - Tank systems for emergency power generators.

 143-215.94SS. Tank systems for emergency power generators.This section applies only to a facility that utilizes an underground storage tank system to store fuel solely for use by emergency power generators. A primary operator that has satisfactorily completed the training required by G.S. 143-215.94QQ at a facility shall be deemed trained as the primary operator at another facility that has identical spill prevention, overfill prevention, release detection, corrosion protection, emergency response, and product compatibility requirements as the facility for which the primary operator has satisfactorily completed training.  (2010-154, s. 2.)
NC Gen Stat § 143-215.94TT (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21A - Oil Pollution and Hazardous Substances Control.|§ 143-215.94TT - Enforcement.

 143-215.94TT. Enforcement.This Part may be enforced as provided in G.S. 143-215.94W, 143-215.94X, and 143-215.94Y.  (2010-154, s. 2.)
NC Gen Stat § 143-215.94UU (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21A - Oil Pollution and Hazardous Substances Control.|§ 143-215.94UU - Effect on other laws.

 143-215.94UU. Effect on other laws.The requirements of this Part are in addition to, and not in lieu of, any other requirements applicable to underground storage tank owners or operators, as defined in 40 Code of Federal Regulations Part 280 (July 1, 2009 Edition), under law.  (2010-154, s. 2.)
NC Gen Stat § 143-215.95 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21A - Oil Pollution and Hazardous Substances Control.|§ 143-215.95 - Duties of Secretary.

 143-215.95. Duties of Secretary.The Secretary shall administer the provisions for registration of oil terminal facilities contained in this Part. In addition, he shall engage in such study and research concerning oil terminal facilities and their regulation in this State and elsewhere as may be required to furnish the General Assembly with a thorough factual basis for his recommendations for further legislation pursuant to this Part. (1973, c. 534, s. 1; 1977, c. 771, s. 4; 1987, c. 827, s. 154(3).)
NC Gen Stat § 143-215.96 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21A - Oil Pollution and Hazardous Substances Control.|§ 143-215.96 - Oil terminal facility registration.

 143-215.96. Oil terminal facility registration.(a) The owner or operator of every oil terminal facility in the State shall secure a registration certificate from the Secretary. The Secretary shall not issue a registration certificate until the owner or operator has furnished the following information:(1) Complete name of the owner and operator of the oil terminal facility together with addresses and telephone numbers;(2) Number of employees of the oil terminal facility and the principal officers;(3) Maps or sketches, based on criteria developed by the Secretary, showing property lines of the oil terminal facility and location of nearby watercourses or bodies of water as specified by the Secretary; and(4) Summary of present and proposed procedures, if any, for prevention of oil spills.(b) The owner or operator of an oil terminal facility shall secure a registration certificate no later than 30 days after the oil terminal facility begins operation. (1973, c. 534, s. 1; 1995, c. 504, s. 11.)
NC Gen Stat § 143-215.97 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21A - Oil Pollution and Hazardous Substances Control.|§ 143-215.97 - Rules.

 143-215.97. Rules.The Secretary may adopt rules to implement this Part. (1973, c. 534, s. 1; 1975, 2nd Sess., c. 983, s. 82; 1977, c. 771, s. 4; 1987, c. 827, s. 199.)
NC Gen Stat § 143-215.98 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21A - Oil Pollution and Hazardous Substances Control.|§ 143-215.98 - Violations.

 143-215.98. Violations.Any person who shall be adjudged to have violated any provision of this Part or any rule of the Secretary adopted hereunder shall be guilty of a Class 3 misdemeanor. (1973, c. 534, s. 1; 1977, c. 771, s. 4; 1987, c. 827, ss. 154(3), 200; 1993, c. 539, s. 1024; 1994, Ex. Sess., c. 24, s. 14(c).)
NC Gen Stat § 143-215.100 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21A - Oil Pollution and Hazardous Substances Control.|§ 143-215.100 - Oil refining facility permits.

 143-215.100. Oil refining facility permits.No facility which is to be used or is capable of being used for the purpose of refining oil shall be initiated or constructed after July 1, 1975, without a permit from the Secretary. (1975, c. 521, s. 2; 1977, c. 771, s. 4; 1987, c. 827, s. 154.)
NC Gen Stat § 143-215.101 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21A - Oil Pollution and Hazardous Substances Control.|§ 143-215.101 - Powers of the Secretary.

 143-215.101. Powers of the Secretary.The Secretary has the power to:(1) Adopt rules implementing this Part. Rules adopted under this Part may include the following matters:a. Requirements for submission of engineering reports, plans and specifications for the location and construction of oil terminal facilities.b. Establishment of procedures and methods of reporting discharges and other occurrences prohibited by this Article.c. Establishment of procedures, methods, means, and equipment to be used in the removal of oil pollutants.(2) To deny the issuance of a permit upon a finding that:a. The installation will have substantial adverse effects on wildlife or on fresh water, estuarine or marine fisheries; orb. The operation of the installation will violate standards of air or water quality promulgated or administered by the Commission; orc. The installation will have a substantial adverse effect on a publicly owned park, forest, or recreation area.(3) To grant permits for the operation of existing or proposed oil refining facilities and to impose such terms and conditions therein as it shall deem necessary and appropriate to effectuate the purposes of this Article.(4) To require the installation of such facilities and the employment of such protective measures and operating procedures as are deemed necessary to prevent, insofar as possible, any oil discharges to the waters or lands of the State.(5) Repealed by Session Laws 1987, c. 827, s. 201. (1975, c. 521, s. 2; 1987, c. 827, ss. 154, 201.)
NC Gen Stat § 143-215.102 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21A - Oil Pollution and Hazardous Substances Control.|§ 143-215.102 - Penalties.

 143-215.102. Penalties.(a) Civil Penalty. - Any person who violates any provision of this Part, or any rule, regulation or order made pursuant to this Part, shall incur, in addition to any other penalty provided by law, a civil penalty in an amount not to exceed ten thousand dollars ($10,000) for every such violation, the amount to be determined by the Secretary after taking into consideration the factors set out in G.S. 143B-282.1(b). The procedures set out in G.S. 143-215.6 and G.S. 143B-282.1 shall apply to civil penalties assessed under this section. The penalty herein provided for shall become due and payable when the person incurring the penalty receives a notice in writing from the Commission describing the violation with reasonable particularity and advising such person that the penalty is due. A person may contest a penalty by filing a petition for a contested case under G.S. 150B-23 within 30 days after receiving notice of the penalty. If any civil penalty has not been paid within 30 days after notice of assessment has been served on the violator, the Secretary shall request the Attorney General to institute a civil action in the Superior Court of any county in which the violator resides or has his or its principal place of business to recover the amount of the assessment, unless the violator contests the assessment, or requests remission of the assessment in whole or in part as provided in G.S. 143-215.6. If any civil penalty has not been paid within 30 days after the final agency decision or court order has been served on the violator, the Secretary shall request the Attorney General to institute a civil action in the Superior Court of any county in which the violator resides or has his or its principal place of business to recover the amount of the assessment.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.(b) Criminal Penalties. - Any person who intentionally or knowingly or willfully violates any provision of this Part, or any rule, regulation or order made pursuant to this Part shall be guilty of a Class 2 misdemeanor which may include a fine to be not more than ten thousand dollars ($10,000). No proceeding shall be brought or continued under this subsection for or on account of a violation by any person who has previously been convicted of a federal violation or a local ordinance violation based upon the same set of facts. (1975, c. 521, s. 2; 1987, c. 827, s. 202; 1989 (Reg. Sess., 1990), c. 1036, s. 7; 1993, c. 539, s. 1025; 1994, Ex. Sess., c. 24, s. 14(c); 1998-215, s. 71.)
NC Gen Stat § 143-215.103 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21A - Oil Pollution and Hazardous Substances Control.|§ 143-215.103 - Definitions.

 143-215.103. Definitions.As used in this Part, unless the context otherwise requires:(1) "Discharge" shall mean leakage, seepage, or other release.(2) "Hazardous materials" shall mean oil, low-level radioactive waste, and all materials and substances which are now or hereafter defined as toxic or hazardous by any State or federal law or by the regulations of any State or federal government agency.(3) "Person" shall mean any individual, partnership, corporation, association, or other entity or employee thereof. (1987, c. 269, s. 1.)
NC Gen Stat § 143-215.104 (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21A - Oil Pollution and Hazardous Substances Control.|§ 143-215.104 - Limited liability for volunteers in hazardous material abatement.

 143-215.104. Limited liability for volunteers in hazardous material abatement.Any person who provides assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous materials, or in preventing, cleaning up, or disposing of or in attempting to prevent, clean up or dispose of any such discharge, when the reasonably apparent circumstances indicate the need for prompt decisions and action, shall not be subject to civil liabilities of any type, unless:(1) Prior to providing assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened discharge or in preventing, cleaning up, or disposal of or in attempting to prevent cleanup or disposal of any such discharge, he had incurred liability for the actual or threatened discharge;(2) He receives compensation other than reimbursement for out-of-pocket expenses for his services in rendering assistance or advice, except that an individual receiving compensation for employment from his regular employer for services performed in preventing, cleaning up, or disposing of or in attempting to prevent, clean up or dispose of a discharge shall not be deemed to have received compensation if his employer is entitled to the protection afforded by this Part; or(3) His act or omission led to damages resulting from his gross negligence, or from his reckless, wanton, or intentional misconduct.The limited immunity provided herein shall not be applicable to any act or omission or occurrence involving the operation of a motor vehicle. The limited immunity provided herein is waived to the extent of any indemnification by insurance for damages caused by such volunteer. (1987, c. 269, s. 1.)
NC Gen Stat § 143-215.104A (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21A - Oil Pollution and Hazardous Substances Control.|§ 143-215.104A - Title; sunset.

 143-215.104A. Title; sunset.This part is the "Dry-Cleaning Solvent Cleanup Act of 1997" and may be cited by that name. This part expires January 1, 2032, except with respect to all of the following:(1) G.S. 143-215.104K does not expire to the extent that it applies to liability arising from dry-cleaning solvent contamination described in a Dry-Cleaning Solvent Assessment Agreement or Dry-Cleaning Solvent Remediation Agreement entered into by the Environmental Management Commission pursuant to G.S. 143-215.104H and G.S. 143-215.104I.(2) Any Dry-Cleaning Solvent Assessment Agreement or Dry-Cleaning Solvent Remediation Agreement in force as of January 1, 2032, shall continue to be governed by the provisions of Part 6 of Article 21A of Chapter 143 of the General Statutes as though those provisions had not been repealed.(3) G.S. 143-215.104D(b)(2) does not expire; rules adopted by the Environmental Management Commission pursuant to G.S. 143-215.104D(b)(2) shall continue in effect; and those rules may be enforced pursuant to G.S. 143-215.104P, 143-215.104Q, and 143-215.104R, which shall remain in effect for that purpose.  (1997-392, s. 1; 2009-483, ss. 5, 7; 2019-237, s. 6(a).)
NC Gen Stat § 143-215.104G (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21A - Oil Pollution and Hazardous Substances Control.|§ 143-215.104G - (Expires January 1, 2032 see notes) Certification of facilities and abandoned sites.

 143-215.104G. (Expires January 1, 2032 - see notes) Certification of facilities and abandoned sites.(a) A potentially responsible party may petition the Commission to certify a facility or abandoned site where a release of dry-cleaning solvent has occurred. The Commission shall certify the facility or abandoned site if the petitioner meets the applicable requirements of G.S. 143-215.104F. Upon its decision to certify a facility or abandoned site, the Commission shall inform the petitioner of its decision and of the initial priority ranking of the facility or site.(b) Repealed by Session Laws 2000, c. 19, s. 8.(c) A potentially responsible party who petitions for certification of a facility or abandoned site shall provide the Commission with either of the following:(1) A written statement of the petitioner's intent to enter into an assessment agreement or remediation agreement.(2) A written statement of the petitioner's intent to conduct assessment and remediation activities pursuant to subsection (d) of this section.(d) A person who has access to property that is contaminated by dry-cleaning solvent and who has successfully petitioned for certification of the facility or abandoned site from which the contamination is believed to have resulted may undertake assessment or remediation of dry-cleaning solvent contamination located on the property consistent with the standards established by the Commission pursuant to G.S. 143-215.104D(b)(3) without first entering into a dry-cleaning solvent assessment agreement or a dry-cleaning solvent remediation agreement. No assessment or remediation activities undertaken pursuant to this subsection shall rely on standards that require the creation of land-use restrictions. A person who undertakes assessment or remediation activities pursuant to this subsection shall provide the Commission prior written notice of the activity. Costs associated with assessment or remediation activities undertaken pursuant to this subsection shall not be eligible for reimbursement from the Fund.(e) The rejection of any petition filed pursuant to this section shall not affect the rights of any other petitioner, other than any parent, subsidiary, or other affiliate of the petitioner, under this Part. The rejection of a petition or the decertification of a facility or abandoned site may be the basis for rejection of a petition by any parent, subsidiary, or other affiliate of the petitioner for the facility or abandoned site. (1997-392, s. 1; 2000-19, s. 8.)
NC Gen Stat § 143-215.104O (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21A - Oil Pollution and Hazardous Substances Control.|§ 143-215.104O - (Expires January 1, 2032 see notes) Remediation of uncertified sites.

 143-215.104O. (Expires January 1, 2032 - see notes) Remediation of uncertified sites.(a) In the event the owner or operator of a facility or the current owner of an abandoned site cannot be identified or located, unreasonably refuses to enter into either an assessment agreement or remediation agreement or cannot be made to comply with the provisions of an assessment agreement or remediation agreement between the petitioner and the Commission, the Commission may direct the Department or a private contractor engaged by the Commission to use staff, equipment, or materials under the control of the Department or contractor or provided by other cooperating federal, State, or local agencies to develop and implement a plan for abatement of an imminent hazard, or to provide interim alternative sources of drinking water to third parties affected by dry-cleaning solvent contamination resulting from a release at the facility or abandoned site. The cost of any of these actions shall be paid from the Fund. The Department or private contractor shall keep a record of all expenses incurred for personnel and for the use of equipment and materials and all other expenses of developing and implementing the remediation plan.(b) The Commission shall request the Attorney General to commence a civil action to secure reimbursement of costs incurred under this section.(c) In the event a civil action is commenced pursuant to this Part to recover monies paid from the Fund, the Commission may recover, in addition to any amount due, the costs of the action, including reasonable attorneys' fees and investigation expenses. Any monies received or recovered as reimbursement shall be paid into the Fund or other source from which the expenditures were made. (1997-392, s. 1; 2000-19, s. 15.)
NC Gen Stat § 143-215.104R (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21A - Oil Pollution and Hazardous Substances Control.|§ 143-215.104R - (Expires January 1, 2032 see notes) Enforcement procedures; injunctive relief.

 143-215.104R. (Expires January 1, 2032 - see notes) Enforcement procedures; injunctive relief.Whenever the Commission has reasonable cause to believe that any person has violated or is threatening to violate any of the provisions of this Part or rule implementing this Part, the Commission may, either before or after the institution of any other action or proceeding authorized by this Part, request the Attorney General to institute a civil action in the name of the State upon the relation of the Commission for injunctive relief to restrain the violation or threatened violation and for other and further relief in the premises as the court shall deem proper. The Attorney General may institute an action in the superior court of the county in which the violation occurred or may occur or, in the Attorney General's discretion, in the superior court of the county in which the person responsible for the violation or threatened violation resides or has a principal place of business. Upon a determination by the court that the alleged violation of the provisions of this Part or the rules of the Commission has occurred or is threatened, the court shall grant the relief necessary to prevent or abate the violation or threatened violation. Neither the institution of the action nor any of the proceedings thereon shall relieve any party to the proceedings from any penalty prescribed for violation of this Part. In the event a civil action is commenced pursuant to this section, the Commission may recover the costs of the action, including attorneys' fees and investigation expenses. All monies received or recovered shall be paid into the Fund or other source from which the expenditures were made. (1997-392, s. 1.)
NC Gen Stat § 143-215.104S (2021)
2021 North Carolina General Statutes|Chapter 143 - State Departments, Institutions, and Commissions|Article 21A - Oil Pollution and Hazardous Substances Control.|§ 143-215.104S - (Expires January 1, 2032 see notes) Appeals.

 143-215.104S. (Expires January 1, 2032 - see notes) Appeals.Any person who is aggrieved by a decision of the Commission under G.S. 143-215.104F through G.S. 143-215.104O may commence a contested case by filing a petition under G.S. 150B-23 within 60 days after the Commission's decision. If no contested case is initiated within the allotted time period, the Commission's decision shall be final and not subject to review. Notwithstanding the provisions of G.S. 6-19.1, no party seeking to compel remediation of dry-cleaning solvent contamination in excess of that required by a dry-cleaning solvent remediation agreement approved by the Commission shall be eligible to recover attorneys' fees.  (1997-392, s. 1; 2000-19, s. 16; 2002-165, s. 1.5; 2011-398, s. 54.)