Agenda - 11-19-2012 - C3 - Laserfiche WebLink

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Article 9: Enforcement Section 9.9:Stormwater Management (F)The person conducting the land-disturbing activity may appeal the revocation of a Land Disturbing Permit following procedures set out in Section 2.242.25 of this Ordinance. SECTION 9.9:STORMWATER MANAGEMENT 9.9.1Inspections and Investigations (A)Site Inspections (1)Agents, officials, or other qualified persons authorized by the County will periodically inspect on-site BMPs and illegal discharges to ensure: (a)Compliance with the North Carolina Sedimentation Pollution Control Act of 1973 (“Act” in this Section),this Ordinance, or rules or orders adopted or issued pursuant to this Ordinance; (b)The measures required in the Stormwater Managementplan being constructed in accordance with the approved plan. (c)The permanent BMPs are not in need of any maintenance including, but not limited to, the following: (i)Mowing of vegetation, (ii)Vegetation re-establishment, (iii)Tree removal (especially from wet detention ponds), (iv)Stabilization of any eroding areas, and (v)Structural (pipe, riser, dam, etc) repair. (2)Notice of the right to inspect shall be included in the letter of approval of each Stormwater ManagementPlan. (B)Authority to Enter Property and Conduct Investigations and Inspections (1)No person shall willfully resist, delay, or obstruct an authorized representative, employee, or agent of Orange County, while that person is inspecting or attempting to inspect a required on-site BMP. (2)The Erosion Control Officershall have the power to conduct such investigations as deemed reasonably necessary to carry out the duties as prescribed in this Ordinance, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigating and inspecting the sites of any required on-site BMP. (3)No person shall refuse entry or access to any authorized representative or agent of the County who requests entry for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out their official duties. (C)Notice of Violation (1)If it is determined that a person responsible for construction or maintenance of any permanent on-site BMP, or removal of any Illegal Discharge has failed to comply with the Act, this Ordinance, or rules, or orders adopted or issued pursuant to this Ordinance, a notice of violation shall be served upon that person. (2)The notice may be served by any means authorized under N.C.G.S. 1A-1, rule 4. (3)The notice shall specify a date by which the person must comply with the Act, or this Ordinance or rules, or orders adopted pursuant to this Ordinance, and inform the person of the actions that need to be taken to comply with the Act, this Ordinance, or rules or orders adopted pursuant to this Ordinance. (4)No time period for compliance need be given for encroaching on the riparian buffer or for obstructing, hampering or interfering with an authorized representative while in the process of carrying out their official duties. Orange County, North Carolina –Unified Development Ordinance Page 9-13