North Carolina General Statutes 143-215.101. Powers of the Secretary
The Secretary has the power to:
(1) Adopt rules implementing this Part. Rules adopted under this Part may include the following matters:
a. Requirements for submission of engineering reports, plans and? specifications for the location and construction of oil terminal facilities.
b. Establishment of procedures and methods of reporting discharges and other occurrences prohibited by this Article.
c. Establishment of procedures, methods, means, and equipment to be used in the removal of oil pollutants.
(2) To deny the issuance of a permit upon a finding that:
a. The installation will have substantial adverse effects on wildlife or on fresh water, estuarine or marine fisheries; or
b. The operation of the installation will violate standards of air or water quality promulgated or administered by the Commission; or
c. The installation will have a substantial adverse effect on a publicly owned park, forest, or recreation area.
(3) To grant permits for the operation of existing or proposed oil refining facilities and to impose such terms and conditions therein as it shall deem necessary and appropriate to effectuate the purposes of this Article.
(4) To require the installation of such facilities and the employment of such protective measures and operating procedures as are deemed necessary to prevent, insofar as possible, any oil discharges to the waters or lands of the State.
(5) Repealed by Session Laws 1987, c. 827, s. 201. (1975, c. 521, s. 2; 1987, c. 827, ss. 154, 201.)
Terms Used In North Carolina General Statutes 143-215.101
- Commission: means the North Carolina Environmental Management Commission. See North Carolina General Statutes 143-215.77
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Oil: shall mean oil of any kind and in any form, including, but specifically not limited to, petroleum, crude oil, diesel oil, fuel oil, gasoline, lubrication oil, oil refuse, oil mixed with other waste, oil sludge, petroleum related products or by-products, and all other liquid hydrocarbons, regardless of specific gravity, whether singly or in combination with other substances. See North Carolina General Statutes 143-215.77
- Secretary: shall mean the North Carolina Secretary of Environmental Quality. See North Carolina General Statutes 143-215.77
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- Waters: shall mean any stream, river, creek, brook, run, canal, swamp, lake, sound, tidal estuary, bay, reservoir, waterway, wetlands, or any other body or accumulation of water, surface or underground, public or private, natural or artificial, which is contained within, flows through, or borders upon this State, or any portion thereof, including those portions of the Atlantic Ocean over which this State has jurisdiction. See North Carolina General Statutes 143-215.77