2012-445 Planning - Memorandum of Agreement between the NC Sedimentation Control Commission and Orange County

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Appendix I. NORTH CAROLINA GENERAL STATUTES Sedimentation Pollution Control Act(Ch. 113A Art. 4) (selected statutes) § 113A-54.Powers and duties of the Commission. revised plan if the commission determines that a (d) In implementing the erosion and sedimentation plan does not comply with the requirements of control program,the Commission shall: this Article or the rules adopted pursuant to this Article. (1) Assist and encourage local governments in (2) To review the compliance activities of a developing erosion and sedimentation control delegated erosion and sedimentation control programs and, as a part of this assistance, the Commission shall develop a model local erosion program and to take appropriate compliance and sedimentation control ordinance. The action if the Commission determines that the local government has failed to take appropriate Commission shall approve, approve as modified, or disapprove local programs compliance action. submitted to it pursuant to G.S. 113A-60. (1973, c. 392, s. 7; c. 1417, s. 4; 1987, c. 827, s. 130; 1987 (Reg. Sess., 1988), c. 1000, s. 4; 2002-165, s. 2.5; § 113A-56.Jurisdiction of the Commission. 2006-250, s.2.) (a) The Commission shall have jurisdiction, to the exclusion of local governments, to adopt rules § 113A-60. Local erosion and sedimentation control concerning land-disturbing activities that are: . programs. (1)Conducted by the State. (a) A local government may submit to the Commission (2)Conducted by the United States. for its approval an erosion and sedimentation control program for its jurisdiction, and to this end local (3) Conducted by persons having the power of governments are authorized to adopt ordinances and eminent domain other than a local government. regulations necessary to establish and enforce (4)Conducted by a local government. erosion and sedimentation control programs. An ordinance adopted by a local government may (5) Funded in whole or in part by the State or the establish a fee for the review of an erosion and United States. sedimentation control plan and related activities. (b) The Commission may delegate the jurisdiction Local governments are authorized to create or conferred by G.S. 113A-56(a), in whole or in part,to designate agencies or subdivisions of local any other State agency that has submitted an erosion government to administer and enforce the programs. and sedimentation control program to be An ordinance adopted by a local government shall at administered by it, if the program has been approved least meet and may exceed the minimum by the Commission as being in conformity with the requirements of this Article and the rules adopted general State program. pursuant to this Article. Two or more units of local government are authorized to establish a joint (c) The Commission shall have concurrent jurisdiction program and to enter into any agreements that are with local governments that administer a delegated necessary for the proper administration and erosion and sedimentation control program over all enforcement of the program. The resolutions other land-disturbing activities. In addition to the establishing any joint program must be duly authority granted to the Commission in G.S. 113A- recorded in the minutes of the governing body of 60(c), the Commission has the following authority each unit of local government participating in the with respect to a delegated erosion and program, and a certified copy of each resolution sedimentation control program: must be filed with the Commission. (1) To review erosion and sedimentation control (b) The Commission shall review each program plan approvals made by a delegated erosion and submitted and within 90 days of receipt thereof shall sedimentation control program and to require a notify the local government submitting the program