§ 143-215.94HH. Oil spill contingency plan.
§ 143‑215.94HH. Oil spill contingency plan.
(a) The State Emergency Response Commission, in consultationwith the Secretary of Administration or his designee in the Outer ContinentalShelf Lands Office, shall develop a State oil spill contingency plan relatingsolely to the undersea exploration, extraction, production and transport of oilor natural gas in the marine environment off the North Carolina coast,including any such development on the Outer Continental Shelf seaward of theState's jurisdiction over its territorial waters.
(b) The Secretary of Crime Control and Public Safety or hisdesignee shall establish, pursuant to such a plan, an emergency oil spillcontrol network which shall be comprised of available equipment fromappropriate State, county and municipal governmental agencies. Such networkshall be employed to provide an immediate response to an oil discharge into theoffshore marine environment which is reasonably likely to affect the State'scoastal waters. Furthermore, such network shall be employed in conjunction withthe cleanup operations under this Article or any applicable federal law,required of the owner or operator of the discharging operation, vessel, orfacility, the Department of Environment and Natural Resources, and any federalagency.
(1) The Secretary of Crime Control and Public Safety or hisdesignee shall make an inventory, including its location and condition, of allequipment owned by the State, its counties and municipalities, and privateequipment that is available to the State for leasing in the case of an oilspill including costs of leasing, that would be capable of participating indischarge cleanup operations.
(2) The Secretary of Crime Control and Public Safety shall athis discretion have the power to deploy such equipment in participating in adischarge cleanup operation.
(3) The Secretary of Environment and Natural Resources shall beauthorized to reimburse such State agencies, counties, and municipalities foruse of such equipment with such funds as may be available from the "Oil orOther Hazardous Substances Pollution Protection Fund" created pursuant toG.S. 143‑215.87 or any other sources.
(4) The oil spill contingency plan and oil spill responsenetwork developed pursuant to this section shall be reviewed and evaluated foradequacy and continued feasibility every three years, or more often if deemedappropriate by the Secretary of Crime Control and Public Safety. (1989, c. 656, s. 5; c. 727, s. 218(111a); c. 770, s.75.5; 1997‑443, s. 11A.119(a).)