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.)
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.