Agenda - 09-04-2014-13 (7) - Laserfiche WebLink

Browse Search

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 General Assembly Of North Carolina Session 2013 8 case under Article 3 of Chapter 150B of the General Statutes. If a violator does not pay a civil penalty assessed by the Secretary within 30 days after it is due, the Department shall request the Attorney General to institute a civil action to recover the amount of the assessment. A notice of assessment by local government shall direct the violator to either pay the assessment or contest the assessment within 30 daffy filing a petition for hearing with the local government as directed by procedures within the local ordinances or regulations adopted to establish and enforce the erosion and sedimentation control program. If a violator does not pay a civil penalty assessed by a local government within 30 days after it is due, the local government may institute a civil action to recover the amount of the assessment. The civil action may be brought in the superior court of any county where the violation occurred or the violator's residence or principal place of business is located. A civil action must be filed within three years of the date the assessment was due. An assessment that is not contested is due when the violator is served with a notice of assessment. An assessment that is contested is due at the conclusion of the administrative and judicial review of the assessment. (3) In determining the amount of the penalty, the Secretary or a local government shall consider the degree and extent of harm caused by the violation, the cost of rectifying the damage, the amount of money the violator saved by noncompliance, whether the violation was committed willfully and the prior record of the violator in complying or failing to comply with this A+tk4-e. Article, or any ordinance, rule, or order adopted or issued pursuant to this Article by the Commission or by a local government. (4) Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 776, s. 11. (5) The clear proceeds of civil penalties collected by the Department or other State agency or a local government under this subsection shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C- 457.2. Civil penalties eelleeted by a leeal govemment tindef this stibseetion shall be (b) Criminal Penalties. - Any person who knowingly or willfully violates any provision of this Article or any ordinance, rule, regulation, or order duly adopted or issued by the Commission or a local government, or who knowingly or willfully initiates or continues a land- disturbing activity for which an erosion and sedimentation control plan is required, except in accordance with the terms, conditions, and provisions of an approved plan, shall be guilty of a Class 2 misdemeanor that may include a fine not to exceed five thousand dollars ($5,000)." PART III. AMEND DREDGE AND FILL PERNHT APPLICANT PROCEDURE FOR NOTICE TO ADJOINING PROPERTY OWNERS SECTION 3. G.S. 113 -229 reads as rewritten: "§ 113 -229. Permits to dredge or fill in or about estuarine waters or State -owned lakes. (d) An applicant for a permit, other than an emergency permit, shall send a , epy of his notify the owner of each tract of riparian property that adjoins that of the applicant. The segy- shall be seFv An aplicant may the required notification of adjoining riparian property owners by either i) obtaining from each adjoining riparian property owner a signed statement that the adjoining riparian property owner has no objection to the nronosed nroiect or (ii) orovidiniz a conv of the annlicant's hermit annlication to each adioininiz riparian property owner by certified mmail. er€If the owner's address is unknown and cannot be ascertained with due diligence or if a diligent but unsuccessful effort has been made to serve the copy by certified mail, publication in accordance with the rules of the Senate Bill 112 * -Third Edition Page 3