GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
H D
HOUSE DRH90012-RI-10 (12/16)
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Short Title: Rqmts. for Min'l Oil Spills - 2. |
(Public) |
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Sponsors: |
Representatives Hager and Gillespie (Primary Sponsors). |
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Referred to: |
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A BILL TO BE ENTITLED
AN ACT to clarify requirements applicable to notice, collection, and removal of mineral oil discharges from electrical equipment.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 143-215.85 reads as rewritten:
"(a) Except as
provided in G.S. 143-215.94E(a1) and subsection subsections (b)
and (c) of this section, every person owning or having control over oil or
other substances discharged in any circumstances other than pursuant to a rule
adopted by the Commission, a regulation of the U. S. Environmental Protection
Agency, or a permit required by G.S. 143-215.1 or the Federal Water
Pollution Control Act, upon notice that such discharge has occurred, shall
immediately notify the Department, or any of its agents or employees, of the
nature, location and time of the discharge and of the measures which are being
taken or are proposed to be taken to contain and remove the discharge. The
agent or employee of the Department receiving the notification shall
immediately notify the Secretary or such member or members of the permanent
staff of the Department as the Secretary may designate. If the discharged
substance of which the Department is notified is a pesticide regulated by the
North Carolina Pesticide Board, the Department shall immediately inform the
Chairman of the Pesticide Board. Removal operations under this Article of
substances identified as pesticides defined in G.S. 143-460 shall be
coordinated in accordance with the Pesticide Emergency Plan adopted by the
North Carolina Pesticide Board; provided that, in instances where entry of such
hazardous substances into waters of the State is imminent, the Department may
take such actions as are necessary to physically contain or divert such
substance so as to prevent entry into the surface waters.
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(c) As used in this subsection, "mineral oil" means a light nontoxic liquid petroleum distillate typically used as a coolant and insulator in electrical equipment owned by a public utility. Any person who owns or has control over mineral oil discharged from electrical equipment owned by a public utility, as defined in G.S. 62-100, including, but not limited to, transformers, regulators, bushings, and capacitors, shall report the discharge to the applicable regional office of the Department within 24 hours of confirmation of a discharge when the discharge (i) exceeds 25 gallons or (ii) is directly to surface waters or causes a sheen on surface waters of the State. The notification shall include the time of discovery, address or location of the release, immediate actions taken, estimated amount of the release, and, if known, the concentration of polychlorinated biphenyls present in the discharge. This information may be submitted by telephone, by hand delivery, by electronic mail, or by fax."
SECTION 2. G.S. 143-215.84 reads as rewritten:
"(a) Person
Discharging. - Any Except as provided in subsection (a2) of this
section, any person having control over oil or other hazardous substances
discharged in violation of this Article shall immediately undertake to collect
and remove the discharge and to restore the area affected by the discharge as
nearly as may be to the condition existing prior to the discharge. If it is not
feasible to collect and remove the discharge, the person responsible shall take
all practicable actions to contain, treat and disperse the discharge; but no
chemicals or other dispersants or treatment materials which will be detrimental
to the environment or natural resources shall be used for such purposes unless
they shall have been previously approved by the Commission. The owner of an
underground storage tank who is the owner of the tank only because he is the
owner of the land on which the underground storage tank is located, who did not
know or have reason to know that the underground storage tank was located on
his property, and who did not become the owner of the land as the result of a
transfer or transfers to avoid liability for the underground storage tank shall
not be deemed to be responsible for a release or discharge from the underground
storage tank.
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(a2) Discharges of Mineral Oil From Electrical Equipment. - As used in this subsection, "mineral oil" means a light nontoxic liquid petroleum distillate typically used as a coolant and insulator in electrical equipment owned by a public utility. Any person having control over the discharge of mineral oil from electrical equipment owned by a public utility, as defined in G.S. 62-100, including, but not limited to, transformers, regulators, bushings, and capacitors, shall restore the area affected by the discharge as nearly as may be to the condition existing prior to the discharge. A person shall notify the Department when the restoration has been properly completed for a discharge that (i) exceeds 25 gallons or (ii) is directly to surface waters or causes a sheen on surface waters of the State. Where soil removal is necessary as part of a cleanup, all visible traces of the mineral oil shall be removed. For discharges of mineral oil which contain 50 parts per million or more of polychlorinated biphenyls, cleanup shall be performed in compliance with applicable provisions of the Toxic Substances Control Act, 15 U.S.C. § 2601, et seq., as amended. If it is not feasible to collect and remove the discharge of mineral oil from electrical equipment within 24 hours of confirmation of the release, the person responsible shall take all practicable actions to contain, treat, and disperse the discharge, except that no chemical or other dispersants or treatment materials which will be detrimental to the environment or natural resources shall be used for such purposes unless they shall have been previously approved by the Commission.
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SECTION 3. This act is effective when it becomes law.