GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 



1 shall immediately notify the Secretary or such member or members 



2 of the permanent staff of the Department as the Secretary may 



3 designate. If the discharged substance of which the Department 



4 is notified is a pesticide regulated by the North Carolina 



5 Pesticide Board, the Department shall immediately inform the 



6 Chairman of the Pesticide Board. Removal operations under this 



7 Article of substances identified as pesticides defined in G.S. 



8 143-460 shall be coordinated in accordance with the Pesticide 



9 Emergency Plan adopted by the North Carolina Pesticide Board; 



10 provided that, in instances where entry of such hazardous 



11 substances into waters of the State is imminent, the Department 



12 may take such actions as are necessary to physically contain or 



13 divert such substance so as to prevent entry into the surface 



14 waters. 



15 (b) As used in this subsection, 'petroleum' has the same 



16 meaning as in G.S. 143-215. 94A. A person who owns or has control 



17 over petroleum that is discharged to the environment shall 



18 immediately take measures to collect and remove the discharge, 



19 report the discharge to the Department within 24 hours of the 



20 discharge, and begin to restore the area affected by the 



21 discharge in accordance with the requirements of this Article if 



22 the volume of the petroleum that is discharged is 25 gallons or 

 2 3 more or if the petroleum causes a sheen on nearby surface water 

 24 or if the petroleum is discharged at a distance of 100 feet or 

 2 5 less from any surface water body. If the volume of petroleum 

 26 that is discharged is less than 25 gallons, the petroleum does 

 2 7 not cause a sheen on nearby surface water, and the petroleum is 

 28 discharged at a distance of more than 100 feet from all surface 



2 9 water bodies, the person who owns or has control over the 



30 petroleum shall immediately take measures to collect and remove 



31 the discharge. If a discharge of less than 25 gallons of 



3 2 petroleum cannot be cleaned up within 24 hours of the discharge 

 3 3 or if the discharge causes a sheen on nearby surface water, the 

 34 person who owns or has control over the petroleum shall 

 3 5 immediately notify the Department. " 



36 Section 2. This act is effective when it becomes law 



37 and applies to any discharge of petroleum to the environment that 



38 occurs on or after that date. 



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