North Carolina General Statutes 130A-310.77. Construction of Part
This Part shall not be construed or implemented in any of the following ways:
(1) In any manner that would jeopardize federal authorization under any of the federal statutes, programs, or requirements set out in N.C. Gen. Stat. § 130A-310.67(a) or would otherwise conflict with federal authority under those statutes, programs, and requirements. This Part is supplemental to the programs and requirements set out in N.C. Gen. Stat. § 130A-310.67(a) that would otherwise govern the remediation of a contaminated industrial site. Where the definitions, provisions, or requirements of this Part conflict with the definitions, provisions, or requirements of an otherwise applicable remediation program, this Part shall control, unless expressly stated to the contrary.
Terms Used In North Carolina General Statutes 130A-310.77
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- 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
(2) To limit the authority of the Department to require investigation, initial response, or remediation of environmental contamination under any other provision of State or federal law necessary to address an imminent threat to public health, safety, or welfare or the environment.
(3) To alter the requirements of programs to prevent or mitigate the release or discharge of contaminants to the environment, including permitting requirements that regulate the handling of hazardous substances or wastes.
(4) To supersede or otherwise affect or prevent the enforcement of any land-use or development regulation or ordinance adopted by a local government pursuant to Chapter 160D of the N.C. Gen. Stat.. The use of a site and any land-use restrictions imposed as part of a remedial action plan shall comply with land-use and development controls adopted by a local government pursuant to Chapter 160D of the N.C. Gen. Stat.. (2011-186, s. 2; 2022-62, s. 23.)