NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 1209

SENATE BILL 973

 

 

AN ACT TO CONFORM THE OIL POLLUTION AND HAZARDOUS SUBSTANCES CONTROL ACT OF 1978 TO CHANGES IN FEDERAL LAW.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 143-215.77(4) is amended by deleting the words "but shall not include discharges in amounts determined by the Environmental Management Commission to be not harmful to the public health or welfare (including but not limited to fish, shellfish, wildlife and public and private property, shorelines, and beaches)" and inserting in lieu thereof the words "but shall not include amounts less than quantities which may be harmful to the public health or welfare as determined pursuant to G.S. 143-215.77A".

Sec. 2.  G.S. 143-215.77(5a) is amended to read as follows:

"(5a)     "Hazardous substance" shall mean any substance, other than oil, which when discharged in any quantity may present an imminent and substantial danger to the public health or welfare, as designated pursuant to G.S. 143-215.77A."

Sec. 3.  Article 21A of Chapter 143 of the General Statutes is amended by adding a new section to read as follows:

"§ 143-215.77A.  Designation of hazardous substances and determination of quantities which may be harmful. — (a) Those substances designated as hazardous as of June 1, 1980, by the Administrator of the United States Environmental Protection Agency under 33 U.S.C. 1321(b)(2)(A) are designated as hazardous substances for purposes of this Article.

(b)        Such quantities of hazardous substances as may be harmful as determined as of June 1, 1980, by the Administrator of the United States Environmental Protection Agency under 33 U.S.C. 1321(b)(4) are quantities which may be harmful for purposes of this Article.

(c)        Changes by Administrator of the United States Environmental Protection Agency in the designation of hazardous substances and the determination of quantities which may be harmful shall be deemed to be made to the designation of hazardous substances and the determination of quantities for purposes of this Article, unless the Commission objects within 120 days of publication of the action in the Federal Register. The Commission may object to a change by the Administrator on the basis that the change is not consistent with the standards for determining hazardous substances or harmful quantities. Upon objection by the Commission to a change, a public hearing must be held pursuant to Article 2 of Chapter 150A of the General Statutes. The change will not be made pending the hearing and a final determination by the Commission. After the hearing, the Commission may reject the change upon a finding that the change is not consistent with the standards for determining hazardous substances or harmful quantities."

Sec. 4.  This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 24th day of June, 1980.