Orange County NC Website
Browse       Search
2 <br /> MEMORANDUM OF AGREEMENT <br /> BETWEEN <br /> THE NORTH CAROLINA SEDIMENTATION CONTROL COMMISSION <br /> AND <br /> ORANGE COUNTY,NORTH CAROLINA <br /> This MEMORANDUM OF AGREEMENT is entered into between the North <br /> Carolina Sedimentation Control Commission (hereinafter, "Commission") and <br /> Orange County, North Carolina (hereinafter, "Local Government," collectively, <br /> "Parties") for the purpose of clarifying their roles in the enforcement of the <br /> Sedimentation Pollution Control Act of 1973, N.C. Gen. Stat. Ch. 113A Art. 4 <br /> and any rules adopted pursuant to the Act(hereinafter collectively, "SPCA.") <br /> Part I. Local Program Creation. <br /> A. Model Ordinance <br /> The Parties agree that the Commission shall do the following: <br /> 1. Per N.C. Gen. Stat. § 113A-54(1), provide a model erosion and sedimentation control <br /> ordinance (hereinafter, "model ordinance") for adoption by local governments who <br /> wish to operate a delegated local sedimentation and erosion program (hereinafter, <br /> "local program.") <br /> 2. Update its model ordinance upon changes in the SPCA. <br /> B. Proposed Ordinance Review <br /> The Parties agree that: <br /> 1. Local governments who choose to create and operate a local program may do so by <br /> ordinance (hereinafter, "local program ordinance") However, the local government <br /> must submit the proposed local program ordinance to the Commission staff for <br /> review prior to adoption. Local governments must adopt the ordinance prior to <br /> submission to the Commission for approval. <br /> 2. North Carolina General Statute § 113A-60(b) requires the Commission to review, <br /> approve, approve as modified, or disapprove proposed local program ordinances <br /> based upon the minimum requirements of the SPCA. <br /> 3. The Commission shall review a local program ordinance submitted and, within 90 <br /> days of receipt thereof, shall notify the local government submitting the program that <br /> it has been approved, approved with modifications, or disapproved. <br /> 4. The local program's erosion and sedimentation control standards must equal or <br /> exceed those of the SPCA. <br />