§ 143-215.88. Payment to State agencies or State-designated local agencies.
§ 143‑215.88. Payment to State agencies or State‑designated local agencies.
Upon completion of any oil or other hazardous substances removal orrestoration project or activity conducted pursuant to the provisions of thisPart, each agency of the State or any State‑designated local agency thathas participated by furnishing personnel, equipment or material shall deliverto the Department a record of the expenses incurred by the agency. The amountof incurred expenses shall be disbursed by the Secretary to each such agencyfrom the Oil or Other Hazardous Substances Pollution Protection Fund. Uponcompletion of any oil or other hazardous substances removal or restorationproject or activity, the Secretary shall prepare a statement of all expensesand costs of the project or activity expended by the State and shall makedemand for payment upon the person having control over the oil or otherhazardous substances discharged to the land or waters of the State, unless theCommission shall determine that the discharge occurred due to any of thereasons stated in G.S. 143‑215.83(b). Any person having control of oil orother hazardous substances discharged to the land or waters of the State inviolation of the provisions of this Part and any other person causing or contributingto the discharge of oil or other hazardous substances shall be directly liableto the State for the necessary expenses of oil or other hazardous substancescleanup projects and activities arising from such discharge and the State shallhave a cause of action to recover from any or all such persons. If the personhaving control over the oil or other hazardous substances discharged shall failor refuse to pay the sum expended by the State, the Secretary shall refer thematter to the Attorney General of North Carolina, who shall institute an actionin the name of the State in the Superior Court of Wake County, or in hisdiscretion, in the superior court of the county in which the dischargeoccurred, to recover such cost and expenses. (1973, c. 534, s. 1; c. 1262, s. 23; 1977, c. 858, s. 2; 1979, c. 535,ss. 21, 22; 1987, c. 827, s. 154.)