166A-20. Title, purpose. (a) This Article may be cited as the "North Carolina Hazardous Materials Emergency Response Act." (b) The purpose of this Article is to establish a system of regional response to hazardous materials emergencies and terrorist incidents in the State to protect the health and safety of its citizens. (1993 (Reg. Sess., 1994), […]
166A-21. Definitions. The following definitions apply in this Article: (1) Department. – The Department of Public Safety. (2) Division. – The Division of Emergency Management. (3) Hazardous material. – Any material defined as a hazardous substance under 29 Code of Federal Regulations 1910.120(a)(3). (4) Hazardous materials emergency response team or hazmat team. – An organized […]
166A-22. Hazardous materials emergency response program. (a) The Secretary shall adopt rules establishing a regional response program for hazardous materials emergencies and terrorist incidents, to be administered by the Division of Emergency Management. To the extent possible, the regional response program shall be coordinated with other emergency planning activities of the State. The regional response […]
166A-23. Contracts; equipment loans. (a) The Secretary may contract with any unit or units of local government for the provision of a regional response team to implement the regional response program. Contracts are to be let consistent with the bidding and contract standards and procedures adopted pursuant to G.S. 166A-22(a)(7) and (8). In entering into […]
166A-24. Immunity of Regional Response Team Personnel. Members of a regional response team shall be protected from liability under the provisions of G.S. 166A-19.60(a) while responding to a hazardous materials or terrorist incident pursuant to authorization from the Division of Emergency Management. (1993 (Reg. Sess., 1994), c. 769, s. 22.4(b); 2002-179, s. 21(e); 2012-12, s. […]
166A-25. Right of entry. A regional response team, when authorized to respond to a release or threatened release of hazardous materials or when authorized to respond to a terrorist or threatened or imminent terrorist incident, may enter onto any private or public property on which the release or terrorist incident has occurred or on which […]
166A-26. Regional Response Team Advisory Committee. (a) The Regional Response Team Advisory Committee is created. The Secretary shall appoint the members of the Committee and shall designate the chair. In making appointments, the Secretary shall take into consideration the expertise of the appointees in the management of hazardous materials emergencies. The Secretary shall appoint one […]
166A-27. Action for the recovery of costs of hazardous materials emergency response. (a) A person who causes the release of a hazardous material requiring the activation of a regional response team shall be liable for all reasonable costs incurred by the regional response team in responding to and mitigating the incident. The Secretary shall invoice […]
166A-28. Hazardous Materials Emergency Response Fund. There is established in the Department of Public Safety a fund for those monies collected pursuant to G.S. 166A-27. The Fund is also authorized to accept any gift, grant, or donation of money or property to facilitate the establishment and operation of the regional response system. (1993 (Reg. Sess., […]
166A-29. Emergency planning; charge. (a) Every person, firm, corporation or municipality who is licensed to construct or who is operating a fixed nuclear facility for the production of electricity shall pay to the Department of Public Safety an annual fee of at least thirty thousand dollars ($30,000) for each fixed nuclear facility which is located […]
166A-29.1. Hazardous materials facility fee. (a) Definitions. – The following definitions apply in this section: (1) EPCRA. – The federal Emergency Planning and Community Right-to-Know Act, P.L. No. 99-499 et. seq. (2) Extremely hazardous substance. – Any substance, regardless of its state, set forth in 40 C.F.R. Part 355, Appendix A or B. (3) Hazardous […]
