North Carolina § 166A-21 - Definitions.

§ 166A-21. Definitions.

The following definitions apply in this Article: Department. - The Department of Public Safety. Division. - The Division of Emergency Management. Hazardous material. - Any material defined as a hazardous substance under 29 Code of Federal Regulations § 1910.120(a)(3). Hazardous materials emergency response team or hazmat team. - An organized group of persons specially trained and equipped to respond to and control actual or potential leaks or spills of hazardous materials. Hazardous materials incident or hazardous materials emergency. - An uncontrolled release or threatened release of a hazardous substance requiring outside assistance by a local fire department or hazmat team to contain and control. Regional response team. - A hazmat team under contract with the State to provide response to hazardous materials emergencies occurring outside the hazmat team's local jurisdiction at the direction of the Department of Public Safety, Division of Emergency Management. Secretary. - The Secretary of the Department of Public Safety. Technician-level entry capability. - The capacity of a hazmat team, in terms of training and equipment as specified in 29 Code of Federal Regulations § 1910.120, to respond to a hazardous materials incident requiring affirmative measures, such as patching, plugging, or other action necessary to stop and contain the release of a hazardous substance at its source. Terrorist incident. - Activities that occur within the territorial jurisdiction of the United States, involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any state, and are intended to do one of the following: Intimidate or coerce a civilian population. Influence the policy of a government by intimidation or coercion. Affect the conduct of a government by mass destruction, assassination, or kidnapping. History (1993 (Reg. Sess., 1994), c. 769, s. 22.4(b); 1997-456, s. 27; 2002-179, s. 21(b); 2011-145, s. 19.1(g); 2014-100, s. 16B.3(a).) Editor's Note. - Subdivisions (a) to (f) of this section were renumbered as subdivisions (1) to (6) pursuant to Session Laws 1997-456, s. 27 which authorized the Revisor of Statutes to renumber or reletter sections and parts of sections having a number or letter designation that is incompatible with the General Assembly's computer database. At the direction of the Revisor of Statutes, subdivisions (3) and (4) were redesignated as subdivisions (4) and (3), respectively. Session Laws 2014-100, s. 16B.3(c), provides: "The Department of Public Safety may establish and operate an additional hazmat team to serve Lee and Moore Counties and shall use proceeds from fees assessed and collected pursuant to G.S. 166A-29.1 to ensure that the hazardous materials emergency response capabilities in Moore and Lee Counties are sufficient to respond to any hazardous materials emergencies occurring in those counties as a result of natural gas exploration and extraction." Session Laws 2014-100, s. 16B.3(e), made the amendments to this section by Session Laws 2014-100, s. 16B.3(a), applicable to fees assessed on or after July 1, 2014. Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'" Session Laws 2014-100, s. 38.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2014-2015 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2014-2015 fiscal year." Session Laws 2014-100, s. 38.7, is a severability clause. Effect of Amendments. - Session Laws 2011-145, s. 19.1(g), effective January 1, 2012, substituted "Public Safety" for "Crime Control and Public Safety" in subdivisions (4) and (5). Session Laws 2014-100, s. 16B.3(a), effective July 1, 2014, rewrote the section. See Editor's note for applicability.