(a)        It shall be a violation of this Article:

(1)        For any gasoline-powered motor vehicle registered and operated in this State to emit visible air contaminants under any mode of operation for longer than five consecutive seconds.

(2)        For any diesel-powered motor vehicle registered and operated in this State to emit for longer than five consecutive seconds under any mode of operation visible air contaminants which are equal to or darker than the shade or density designated as No. 1 on the Ringelmann Chart or are equal to or darker than a shade or density of twenty percent (20%) opacity.

(b)        Any person charged with a violation of this section shall be allowed 30 days within which to make the necessary repairs or modification to bring the motor vehicle into conformity with the standards of this section and to have the motor vehicle inspected and? approved by the agency issuing the notice of violation. Any person who, within 30 days of receipt of a notice of violation, and prior to? inspection and approval by the agency issuing the notice, receives additional notice or notices of violation, may exhibit a certificate of inspection and approval from the agency issuing the first notice in lieu of inspection and approval by the agencies issuing the subsequent notices.

(c)        The provisions of this section shall be enforceable by all persons designated in N.C. Gen. Stat. § 20-49; by all law-enforcement officers of this State within their respective jurisdictions; by the personnel of? local air pollution control agencies within their respective jurisdictions; and by personnel of State air pollution control agencies throughout the State.

(d)       Any person who fails to comply with the provisions of this section shall be subject to the penalties provided in N.C. Gen. Stat. § 20-176 (1971, c. 1167, s. 10.)

Terms Used In North Carolina General Statutes 20-128.1

  • Person: means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this State, any other state or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of the foregoing, other than the United States Nuclear Regulatory Commission, or any successor thereto, and other than federal government agencies licensed by the United States Nuclear Regulatory Commission, or any successor thereto. See North Carolina General Statutes 20-137.6
  • 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
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