NORTH CAROLINA GENERAL ASSEMBLY

1973 SESSION

 

 

CHAPTER 712

HOUSE BILL 979

 

 

AN ACT TO AMEND THE NORTH CAROLINA WATER AND AIR RESOURCES ACT OF 1967 WITH RESPECT TO FISH AND WILDLIFE KILLS BY POLLUTANTS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 143-215.3(a)(7), as the same appears in the 1971 Cumulative Supplement to Volume 3C of the General Statutes, is hereby amended by adding at the end of the first paragraph thereof the following:

"On such hearing, the estimate of the replacement costs of the fish or wildlife destroyed shall be prima facie evidence of the actual replacement costs of such fish or wildlife. In arriving at such estimate, any reasonably accurate method may be used and it shall not be necessary for any agent of the Wildlife Resources Commission or the Department of Conservation and Development to collect, handle or weigh numerous specimens of dead fish or wildlife."

Sec. 2.  G.S. 143-215.6(a), as the same appears in the 1971 Cumulative Supplement to Volume 3C of the General Statutes, is hereby amended by inserting a new subparagraph to read as follows:

"(3)      To willfully and unlawfully cause pollution of the waters or air as defined in this Article, in such quantity, concentration or manner that fish or wildlife are killed as a result thereof in such numbers as to justify investigation pursuant to Section 143-215.3(a)(7)."

Sec. 3.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 23rd day of May, 1973.