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

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that it has been approved, approved with control program shall pay to the Commission the modifications, or disapproved. The Commission portion of the fee that equals eighty percent (80%) shall only approve a program upon determining that of the fee established pursuant to G.S. 113A-54.2(x) its standards equal or exceed those of this Article to cover the cost to the Commission for the and rules adopted pursuant to this Article. administration and enforcement of other components (c) If the Commission determines that any local of the erosion and sedimentation control program. government is failing to administer or enforce an Fees paid to the Commission by a local government approved erosion and sedimentation control shall be deposited in the Sedimentation Account program, it shall notify the local government in established by G.S. 113A-54.2(b). A local writing and shall specify the deficiencies of government that administers a limited erosion and administration and enforcement. If the local sedimentation control program and that receives an government has not taken corrective action within erosion control plan and fee under this subsection 30 days of receipt of notification from the shall immediately transmit the plan to the Commission, the Commission shall assume Commission for review. A local government may administration and enforcement of the program until create or designate agencies or subdivisions of the such time as the local government indicates its local government to administer the limited program. willingness and ability to resume administration and Two or more units of local government may enforcement of the program. establish a joint limited program and enter into any agreements necessary for the proper administration (d) A local government may submit to the Commission of the limited program. The resolutions establishing for its approval a limited erosion and sedimentation any joint limited program must be duly recorded in control program for its jurisdiction that grants the the minutes of the governing body of each unit of local government the responsibility only for the local government participating in the limited assessment and collection of fees and for the program, and a certified copy of each resolution inspection of land-disturbing activities within the must be filed with the Commission. Subsections (b) jurisdiction of the local government. The and (c) of this section apply to the approval and Commission shall be responsible for the oversight of limited programs. administration and enforcement of all other (e) Notwithstanding G.S. 113A-61.1, a local components of the erosion and sedimentation control program and the requirements of this Article. government with a limited erosion and The local government may adopt ordinances and sedimentation control program shall not issue a regulations necessary to establish a limited erosion notice of violation if inspection indicates that the and sedimentation control program. An ordinance person engaged in land-disturbing activity has failed adopted by a local government that establishes a to comply with this Article, rules adopted pursuant limited program shall conform to the minimum to this Article, or an approved erosion and requirements regarding the inspection of land- sedimentation control plan. The local government disturbing activities of this Article and the rules shall notify the Commission if any person has adopted pursuant to this Article regarding the initiated land-disturbing activity for which an inspection of land-disturbing activities. The local erosion and sedimentation control plan is required in government shall establish and collect a fee to be the absence of an approved plan. If a local paid by each person who submits an erosion and government with a limited program determines that sedimentation control plan to the local government. a person engaged in'a land-disturbing activity has The amount of the fee shall be an amount equal to failed to comply with an approved erosion and eighty percent (80%) of the amount established by sedimentation control plan, the local government shall refer the matter to the Commission for the Commission pursuant to G.S. 113A-54.2(a) plus any amount that the local government requires to inspection and enforcement pursuant to G.S. 113A- cover the cost of inspection and program 61.1. administration activities by the local government. (1973, c. 392, s. 11; 1993 (Reg. Sess., 1994), c. 776, s. The total fee shall not exceed one hundred dollars 7; 2002-165, s. 2.8; 2006-250, s. 3.) ($100.00) per acre. A local government that administers a limited erosion and sedimentation