North Carolina § 143-215 - 89. Multiple liability for necessary expenses; limit on State recovery.

§ 143-215. 89. Multiple liability for necessary expenses; limit on State recovery.

Any person liable for costs of cleanup of oil or other hazardous substances under this Part shall have a cause of action to recover such costs in part or in whole from any other person causing or contributing to the discharge of oil or other hazardous substances into the waters of the State, including any amount recoverable by the State as necessary expenses. The total recovery by the State for damage to the public resources pursuant to G.S. 143-215.90 and for the cost of oil or other hazardous substances cleanup, arising from any discharge, shall not exceed the applicable limits prescribed by federal law with respect to the United States government on account of such discharge. The limitations on recovery referenced in this subsection shall not apply to damages recoverable pursuant to G.S. 143-215.94CC. History (1973, c. 534, s. 1; 1979, c. 535, s. 23; 1989 (Reg. Sess., 1990), c. 1045, s. 12; 2010-179, s. 1(a).) Effect of Amendments. - Session Laws 2010-179, s. 1(a), effective August 2, 2010, and applicable to any damages, as defined in G.S. 143-215.94 BB, incurred on or after that date, in the section catchline, added "limit on State recovery" at the end; designated the previously existing provisions as subsections (a) and (b); and added the last sentence in subsection (b).