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).)
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.