North Carolina General Statutes 143-215.94H. Financial responsibility
(a) The Department shall require each owner and operator of a petroleum underground storage tank who is required to demonstrate financial responsibility under rules promulgated by the United States Environmental Protection Agency pursuant to 42 U.S.C. § 6991b(d) to maintain evidence of financial responsibility that is the lesser of:
(1) The full amount of the financial responsibility that an owner or operator is required to demonstrate under rules promulgated by the United States Environmental Protection Agency pursuant to 42 U.S.C. § 6991b(d).
Terms Used In North Carolina General Statutes 143-215.94H
- Commission: means the North Carolina Environmental Management Commission. See North Carolina General Statutes 143-215.77
- Department: shall mean the Department of Environmental Quality. See North Carolina General Statutes 143-215.77
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Operator: shall mean any person owning or operating an oil terminal facility or pipeline, whether by lease, contract, or any other form of agreement. See North Carolina General Statutes 143-215.77
- United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) The amounts required to be paid for by the owner or operator pursuant to N.C. Gen. Stat. § 143-215.94E(b) per occurrence for costs described in N.C. Gen. Stat. § 143-215.94B(b) and N.C. Gen. Stat. § 143-215.94B(b1) if costs are eligible to be paid under those subsections.
(b) Financial responsibility may be established in accordance with rules adopted by the Commission which shall provide that financial responsibility may be established by either insurance, guarantee, surety bond, letter of credit, qualification as a self-insurer, or any combination thereof. The compliance date schedule for demonstrating financial responsibility shall conform to the schedule adopted by the Environmental Protection Agency. (1987 (Reg. Sess., 1988), c. 1035, s. 1; 1989, c. 652, s. 10; 1993, c. 402, s. 5; 2008-195, s. 4; 2009-570, s. 19.)