US Lawyer Database

§ 74-47 – Findings.

74-47. Findings. The General Assembly finds that the extraction of minerals by mining is a basic and essential activity making an important contribution to the economic well-being of North Carolina and the nation. Furthermore, it is not practical to extract minerals required by our society without disturbing the surface of the earth and producing waste […]

§ 74-48 – Purposes.

74-48. Purposes. The purposes of this Article are to provide: (1) That the usefulness, productivity, and scenic values of all lands and waters involved in mining within the State will receive the greatest practical degree of protection and restoration. (2) That from June 11, 1971, no mining shall be carried on in the State unless […]

§ 74-49 – Definitions.

74-49. Definitions. Wherever used or referred to in this Article, unless a different meaning clearly appears from the context: (1) "Affected land" means the surface area of land that is mined, the surface area of land associated with a mining activity so that soil is exposed to accelerated erosion, the surface area of land on […]

§ 74-33 – Persons entitled to bring suit.

74-33. Persons entitled to bring suit. The owner of a mine in this State, or any person in possession under a lease or other contract, may maintain an action to recover damages to such property arising from the operation of any adjacent mine by the owner thereof or other person in possession and working the […]

§ 74-24.14 – Criminal penalties.

74-24.14. Criminal penalties. Any person who (i) willfully violates any standard, order, notice, decision, rule, or regulation issued under authority of this Article, and said violation causes death or serious physical harm to another; (ii) knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required […]

§ 74-24.15 – Rights and duties of miners.

74-24.15. Rights and duties of miners. Miners shall comply with all safety and health standards and all rules, regulations, or orders issued pursuant to this Article which are applicable to their own actions and conduct and shall have the rights afforded under Article 21 of Chapter 95 of the General Statutes. (1975, c. 206, s. […]

§ 74-24.16 – Education, training, technical assistance, and research.

74-24.16. Education, training, technical assistance, and research. (a) The Commissioner through the Director is authorized to develop and conduct expanded programs for the education, training, and technical assistance of operators and miners in the recognition, avoidance, and prevention of accidents or unsafe or unhealthful working conditions and to conduct such research as may be necessary […]

§ 74-24.17 – State-federal plan.

74-24.17. State-federal plan. In order to promote sound and effective coordination in State and federal activities within the field covered by this Article, the Commissioner is hereby authorized to enter into and, from time to time, to amend or terminate a State-federal plan agreement with the federal agency charged with administering laws relating to safety […]

§ 74-24.18 – Legal representation.

74-24.18. Legal representation. It shall be the duty of the Attorney General of North Carolina to represent the Department of Labor in all actions or proceedings in connection with this Article. (1975, c. 206, s. 18.)

§ 74-24.19 – Administrative provisions.

74-24.19. Administrative provisions. (a) The Commissioner shall appoint a Director to assist him in administering the provisions of this Article and, through the Director, shall have authority to appoint, subject to Chapter 126 of the General Statutes of North Carolina, such officers, engineers, inspectors, and employees as he deems requisite for the administration of this […]