15A NCAC 01E .0102       DEFINITIONS

As used in this Subchapter, unless the context otherwise requires:

(1)           "Act" means the Oil Pollution and Hazardous Substances Control Act, Article 21A, Chapter 143, General Statutes.

(2)           "Director" means the Director of the Division of Environmental Management.

(3)           "Construction" means:

(a)           construction and operation of a new oil refining facility;

(b)           substantial enlargement and operation of an existing oil refining facility; or

(c)           substantial change in the physical separation or chemical reaction process of an existing oil refining facility and operation of such facility.

(4)           "Environment" means man's total physical environment including but not limited to wildlife; freshwater, estuarine or marine fisheries; air quality; water quality; and publicly‑owned parks, forests, or recreation areas.

(5)           "Oil refining facility" means any facility of any kind and related appurtenances located in, on, or under the surface of any land, or water, including submerged lands, which is used or capable of being used for the purpose of refining oil.  The term "related appurtenances" includes pipelines.

(6)           "Publicly owned parks, forests, or recreation areas" means lands, including beaches, shorelines, and submerged lands, and waters:

(a)           which are owned or controlled by a governmental body for purposes of conservation of natural resources, public recreation, or general public use; or

(b)           which the public has a right to use for recreation or as a part of the natural environment.

(7)           "Wildlife" means wild animals and plants.


History Note:        Authority G.S. 143‑215.77; 143‑215.101;

Eff. June 16, 1980;

Amended Eff. July 1, 1988; October 1, 1984.