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; or
b. The operation of the installation will violate standards of air or water quality promulgated or administered by the Commission; or
c. 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(5) Repealed by Session Laws 1987, c. 827, s. 201.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.)
Structure North Carolina General Statutes
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.
§ 143-215.79 - Inspections and investigations; entry upon property.
§ 143-215.80 - Confidential information.
§ 143-215.81 - Authority supplemental.
§ 143-215.82 - Local ordinances.
§ 143-215.84 - Removal of prohibited discharges.
§ 143-215.85 - Required notice.
§ 143-215.85A - Recordation of oil or hazardous substance discharge sites.
§ 143-215.86 - Other State agencies and State-designated local agencies.
§ 143-215.87 - Oil or Other Hazardous Substances Pollution Protection Fund.
§ 143-215.88 - Payment to State agencies or State-designated local agencies.
§ 143-215.88A - Enforcement procedurescivil penalties.
§ 143-215.88B - Enforcement procedurescriminal penalties.
§ 143-215.89 - Multiple liability for necessary expenses; limit on State recovery.
§ 143-215.90 - Liability for damage to public resources.
§ 143-215.91 - Recodified as §§ 143-215.88A, 143-215.88B.
§ 143-215.91A - Limited liability for volunteers in oil and hazardous substance abatement.
§ 143-215.92 - Lien on vessel.
§ 143-215.93 - Liability for damage caused.
§ 143-215.93A - Limitation on liability of persons engaged in removal of oil discharges.
§ 143-215.94 - Joint and several liability.
§ 143-215.94B - Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund.
§ 143-215.94C - Commercial leaking petroleum underground storage tank cleanup fees.
§ 143-215.94E - Rights and obligations of the owner or operator.
§ 143-215.94F - Limited amnesty.
§ 143-215.94G - Authority of the Department to engage in cleanups; actions for fund reimbursement.
§ 143-215.94H - Financial responsibility.
§ 143-215.94I - Insurance pools authorized; requirements.
§ 143-215.94J - Limitation of liability of the State of North Carolina.
§ 143-215.94N - Applicability.
§ 143-215.94P - Groundwater Protection Loan Fund.
§ 143-215.94T - Adoption and implementation of regulatory program.
§ 143-215.94V - Standards for petroleum underground storage tank cleanup.
§ 143-215.94W - Enforcement procedurescivil penalties.
§ 143-215.94X - Enforcement procedurescriminal penalties.
§ 143-215.94Y - Enforcement procedures; injunctive relief.
§ 143-215.94AA - Declaration of public policy.
§ 143-215.94CC - Liability under this section; exceptions.
§ 143-215.94DD - Joint and several liability; damages; personal injury.
§ 143-215.94EE - Removal of prohibited discharges.
§ 143-215.94FF - Authorization of the Attorney General; citizens' suits.
§ 143-215.94GG - Notification by persons responsible for discharge.
§ 143-215.94HH - Oil spill contingency plan.
§ 143-215.94II - Emergency proclamation; Governor's powers.
§ 143-215.94NN - Applicability.
§ 143-215.94PP - Designation of operators to be trained.
§ 143-215.94QQ - Training requirements for primary operators.
§ 143-215.94RR - Training requirements for emergency response operators.
§ 143-215.94SS - Tank systems for emergency power generators.
§ 143-215.94UU - Effect on other laws.
§ 143-215.95 - Duties of Secretary.
§ 143-215.96 - Oil terminal facility registration.
§ 143-215.100 - Oil refining facility permits.
§ 143-215.101 - Powers of the Secretary.
§ 143-215.104 - Limited liability for volunteers in hazardous material abatement.
§ 143-215.104A - Title; sunset.
§ 143-215.104B - (Expires January 1, 2032 see notes) Definitions.
§ 143-215.104C - (This Part has an expiration date see notes) Dry-Cleaning Solvent Cleanup Fund.
§ 143-215.104D - (Expires January 1, 2032 see notes) Powers of the Commission.
§ 143-215.104H - (Expires January 1, 2032 see notes) Dry-Cleaning Solvent Assessment Agreements.
§ 143-215.104I - (Expires January 1, 2032 see notes) Dry-Cleaning solvent remediation agreements.
§ 143-215.104K - (Expires January 1, 2032 see notes) Liability protection.
§ 143-215.104L - (Expires January 1, 2032 see notes) Public notice and community involvement.
§ 143-215.104O - (Expires January 1, 2032 see notes) Remediation of uncertified sites.
§ 143-215.104Q - (Expires January 1, 2032 see notes) Enforcement procedures; criminal penalties.
§ 143-215.104R - (Expires January 1, 2032 see notes) Enforcement procedures; injunctive relief.
§ 143-215.104S - (Expires January 1, 2032 see notes) Appeals.
§ 143-215.104T - (This Part has an expiration date see notes) Construction of this Part.
§ 143-215.104U - (This Part has an expiration date see notes) Reporting requirements.
§ 143-215.104AA - Standards for petroleum releases from aboveground storage tanks and other sources.