Orange County NC Website
Article 9: Enforcement <br /> Section 9.9: Stormwater Management <br /> (F) The person conducting the land-disturbing activity may appeal the revocation of a Land <br /> Disturbing Permit following procedures set out in Section 2-.2-52.27 of this Ordinance. <br /> • • - <br /> .9.1 Inspections and Investigations <br /> (A) Site Inspections <br /> (1) Agents, officials, or other qualified persons authorized by the County wi <br /> periodically inspect on-site BMPs and illegal discharges to ensure: <br /> (a) Compliance with the North Carolina Sedimentation Pollutio Control Act <br /> of 1973 ("Act" in this Section), this Ordinance, or rules or rders adopted <br /> or issued pursuant to this Ordinance; <br /> (b) The measures required in the Stormwater Manage nt plan being <br /> constructed in accordance with the approved plan <br /> (c) The permanent BMPs are not in need of any intenance including, but <br /> not limited to, the following: <br /> (i) Mowing of vegetation, <br /> (ii) Vegetation re-establishment, <br /> (iii Tree removal (especially fro wet detention ponds), <br /> (iv) Stabilization of any erodi areas, and <br /> (v) tructural (pipe, riser, am, etc) repair. <br /> (2) Notice of the right inspect shall b included in the letter of approval of each <br /> Stormwater Manage ent Plan. <br /> (B) Authority to Enter Property a Con uct Investigations and Inspections <br /> (1) No person shall willfully re ' , delay, or obstruct an authorized representative, <br /> employee, or agent of Or County, while that person is inspecting or <br /> attempting to inspect a r quire on-site BMP. <br /> (2) The Erosion Control fficer shall ve the power to conduct such investigations <br /> as deemed reason ly necessary t carry out the duties as prescribed in this <br /> Ordinance, and f this purpose to en r at reasonable times upon any property, <br /> public or privat , for the purpose of inve tigating and inspecting the sites of any <br /> required on-s'a BMP. <br /> (3) No person hall refuse entry or access to an authorized representative or agent <br /> of the C my who requests entry for purposes f inspection, and who presents <br /> approp ate credentials, nor shall any person ob uct, hamper or interfere with <br /> any ch representative while in the process of ca ing out their official duties. <br /> (C) Notice of iolation <br /> (1) f it is determined that a person responsible for construct n or maintenance of <br /> any permanent on-site BMP, or removal of any Illegal Disc rge has failed to <br /> comply with the Act, this Ordinance, or rules, or orders a d or issued <br /> pursuant to this Ordinance, a notice of violation shall be serve upon that person. <br /> (2) The notice may be served by any means authorized under N.C.G. . 1A-1, rule 4. <br /> (3) The notice shall specify a date by which the person must comply wit the Act, or <br /> this Ordinance or rules, or orders adopted pursuant to this Ordinance, d inform <br /> the person of the actions that need to be taken to comply with the Act, th <br /> Ordinance, or rules or orders adopted pursuant to this Ordinance. <br /> (4) No time period for compliance need be given for encroaching on the riparian <br /> buffer or for obstructing, hampering or interfering with an authorized <br /> representative while in the process of carrying out their official duties. <br /> Orange County, North Carolina—Unified Development Ordinance Page 9-13 <br />