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Agenda - 02-06-1995 - X-C
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Agenda - 02-06-1995 - X-C
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8/27/2014 3:28:15 PM
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BOCC
Date
2/6/1995
Meeting Type
Regular Meeting
Document Type
Agenda
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X-C
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Minutes - 19950206
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\Board of County Commissioners\Minutes - Approved\1990's\1995
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18 <br /> r <br /> the discharge of oil in violation of this Ordinance or fails to <br /> report a discharge as required by Section 4 .3 or who fails to <br /> comply with the requirements of Section 4.2 (a) or orders issued by <br /> the Department of Emergency Management as a result of violations <br /> thereof, shall incur, in addition to any other penalty provided by <br /> law, a penalty in an amount not to exceed five thousand dollars <br /> ($5,000 . 00) for every such violation, the amount to be determined <br /> by the Director of Emergency Management after taking into <br /> consideration the factors set out in N.C. Gen. Stat. S143B- <br /> 282. 1(b) , the amount expended by the violator in complying with the <br /> provisions of Section 4.2 of this Ordinance, and the estimated <br /> damages attributable to the violator under N.C. Gen. Stat. 5143- <br /> 215.90, as amended. Every act or omission which causes, aids or <br /> abets a violation of this subsection shall be considered a <br /> violation under the provisions of this subsection and subject to <br /> the penalty herein provided. The procedures set out in N.C. Gen. <br /> Stat. 5143-215.6 (a) (b) & (c) and N.C. Gen. Stat. S143B-282.1 shall <br /> apply to civil penalties assessed under this section. The penalty <br /> herein provided for shall become due and payable when the person <br /> incurring the penalty receives a notice in writing from the County <br /> Manager describing the violation with reasonable particularity and <br /> advising such person that the penalty is due. A person may contest <br /> a penalty by filing a petition for a contested case under N.C. Gen. <br /> Stat. S150B-23, as amended, within 30 days after receiving notice <br /> of the penalty. If any civil penalty has not been paid within 30 <br /> days after notice of assessment has been served on the violator, <br /> 15 <br />
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