US Lawyer Database

§ 130A-26.4 – Violations of Article 4.

130A-26.4. Violations of Article 4. (a) A person who commits any of the following acts shall be guilty of a Class 1 misdemeanor: (1) Willfully and knowingly makes any false statement in a certificate, record, or report required by Article 4 of this Chapter. (2) Removes or permits the removal of a dead body of […]

§ 130A-27 – Recovery of money.

130A-27. Recovery of money. The Secretary or the Secretary of Environmental Quality may institute an action in the county where the action arose or the county where the defendant resides to recover any money, other property or interest in property or the monetary value of goods or services provided or paid for by the Department […]

§ 130A-28 – Forfeiture of gain.

130A-28. Forfeiture of gain. In the case of a violation of this Chapter or the rules adopted by the Commission, money or other property or interest in property so acquired shall be forfeited to the State unless ownership by an innocent person may be established. An action may be instituted by the Attorney General or […]

§ 130A-26.3 – Limitations period for certain groundwater contamination actions.

130A-26.3. Limitations period for certain groundwater contamination actions. The 10-year period set forth in G.S. 1-52(16) shall not be construed to bar an action for personal injury, or property damages caused or contributed to by groundwater contaminated by a hazardous substance, pollutant, or contaminant, including personal injury or property damages resulting from the consumption, exposure, […]

§ 130A-19 – Abatement of public health nuisance.

130A-19. Abatement of public health nuisance. (a) If the Secretary or a local health director determines that a public health nuisance exists, the Secretary or a local health director may issue an order of abatement directing the owner, lessee, operator or other person in control of the property to take any action necessary to abate […]

§ 130A-20 – Abatement of an imminent hazard[Effective until January 1, 2023]

130A-20. Abatement of an imminent hazard. [Effective until January 1, 2023] (a) If the Secretary or a local health director determines that an imminent hazard exists, the Secretary or a local health director may order the owner, lessee, operator, or other person in control of the property to abate the imminent hazard or may, after […]

§ 130A-21 – Embargo.

130A-21. Embargo. (a) In addition to the authority of the Department of Agriculture and Consumer Services pursuant to G.S. 106-125, the Secretary or a local health director has authority to exercise embargo authority concerning food or drink pursuant to G.S. 106-125(a), (b) and (c) when the food or drink is in an establishment that is […]

§ 130A-22 – Administrative penalties.

130A-22. Administrative penalties. (a) The Secretary of Environmental Quality may impose an administrative penalty on a person who violates Article 9 of this Chapter, rules adopted by the Environmental Management Commission pursuant to Article 9, or any term or condition of a permit or order issued under Article 9. Each day of a continuing violation […]