State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_104E > GS_104E-17

§104E‑17.  Payments to State and local agencies.

Upon completion of any projector activity stated in G.S. 104E‑16(a)(1), and from time to time duringany project or activity stated in G.S. 104E‑16(a)(2), each State andlocal agency that has participated by furnishing personnel, equipment ormaterial shall deliver to the Department a record of the expenses incurred bythe agency. The amount of incurred expenses shall be disbursed by the Secretaryof Environment and Natural Resources to each such agency from the RadiationProtection Fund. Upon completion of any project or activity stated in G.S. 104E‑16(a)(1),and from time to time during any project or activity stated in G.S. 104E‑16(a)(2),the Secretary of Environment and Natural Resources shall prepare a statement ofall expenses and costs of the project or activity expended by the State andshall make demand for payment upon the person having control over theradioactive materials or the release thereof which necessitated said project oractivity. Any person having control over the radioactive materials or therelease thereof and any other person causing or contributing to an incidentnecessitating any project or activity stated in G.S. 104E‑16 shall bedirectly liable to the State for the necessary expenses incurred thereby andthe State shall have a cause of action to recover from any or all such persons.If the person having control over the radioactive materials or the releasethereof shall fail or refuse to pay the sum expended by the State, the Secretaryof Environment and Natural Resources shall refer the matter to the AttorneyGeneral of North Carolina, who shall institute an action in the name of theState in the Superior Court of Wake County, or in his discretion, in thesuperior court of the county in which the project or activity was undertaken bythe State, to recover such cost and expenses.

In any action instituted bythe Attorney General under this section, a verified and itemized statement ofthe expenses incurred by the State in any project or activity stated in G.S.104E‑16 shall be filed with the complaint and shall constitute primafacie the amount due the State; and any judgment for the State thereon shall befor such amount in the absence of allegation and proof on the part of thedefendant or defendants that the statement of expenses incurred by and theamount due the State is not correct because of an error in:

(1)        Calculating theamount due, or

(2)        Not properlycrediting the account with any cash payment or payments or other satisfactionwhich may have been made thereon. (1975, c. 718, s. 1; 1989, c.727, s. 219(23); 1997‑443, s. 11A.119(a).)