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).)
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.