North Carolina General Statutes Chapter 62. Public Utilities § 62-133.13. Recovery of costs related to unlawful discharges from coal combustion residuals surface impoundments to the surface waters of the State

The Commission shall not allow an electric public utility to recover from the retail electric customers of the State costs resulting from an unlawful discharge to the surface waters of the State from a coal combustion residuals surface impoundment, unless the Commission determines the discharge was due to an event of force majeure. For the purposes of this section, “coal combustion residuals surface impoundments” has the same meaning as in G.S. 130A-309.201. For the purposes of this section, “unlawful discharge” means a discharge that results in a violation of State or federal surface water quality standards.