§ 143-215.94GG. Notification by persons responsible for discharge.
§ 143‑215.94GG. Notification by persons responsible for discharge.
(a) Any person responsible for an offshore discharge under thisPart shall immediately notify the Division of Emergency Management pursuant torules established by the Secretary of Crime Control and Public Safety, if any,but in no case later than two hours after the discharge. Failure to so notifythe Division of Emergency Management shall make the responsible person liableto the penalties set out in subsection (b) of this section. No penalty shall beimposed under this section when the owner or operator has promptly reported thedischarge to federal authorities designated pursuant to 33 U.S.C. § 1321.
(b) The civil penalty for failure to immediately report adischarge under this Part shall be determined by the Commission. In determiningthe amount of a penalty for failure to report under this section, theCommission shall take into consideration such circumstances as the gravity ofthe violation, the previous record of the responsible person in complying withthe terms of this Article, whether the violator reported the discharge and ifso after what period of time following the spill, the size of the business ofthe responsible person and the effect of the penalty on the violator's abilityto continue in business, and other relevant factors; provided that the penaltyassessed under this section shall not exceed the following daily maximumamounts, based upon the quantity of oil spilled:
(1) Up to 50,000 gallons $ 50,000
(2) More than 50,000 gallons 250,000
Forpurposes of this section, each day or any part thereof during which a dischargegoes unreported by the responsible person shall constitute a separate offense.
(c) The clear proceeds of penalties provided for in this sectionshall be remitted to the Civil Penalty and Forfeiture Fund in accordance withG.S. 115C‑457.2. (1989, c. 656, s. 5; c. 770, s. 75.5; 1998‑215, s. 70.)