2015-116 Orange County - North Carolina Sedimentation Control Commission - Memorandum of Agreement

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(1973, c. 392, s. 7; c. 1417, s. 4; 1987, c. 827, s. 130; notify the local government submitting the program 1987 (Reg. Sess., 1988), c. 1000, s. 4; 2002-165, s. 2.5; that it has been approved, approved with 2006-250, s.2.) modifications, or disapproved. The Commission shall only approve a program upon determining that § 113A-60. Local erosion and sedimentation control its standards equal or exceed those of this Article programs. and rules adopted pursuant to this Article. (a) A local government may submit to the Commission (c) If the Commission determines that any local for its approval an erosion and sedimentation control government is failing to administer or enforce an program for its jurisdiction, and to this end local approved erosion and sedimentation control governments are authorized to adopt ordinances and program, it shall notify the local government in regulations necessary to establish and enforce writing and shall specify the deficiencies of erosion and sedimentation control programs. An administration and enforcement. If the local ordinance adopted by a local government may government has not taken corrective action within establish a fee for the review of an erosion and 30 days of receipt of notification from the sedimentation control plan and related activities. Commission, the Commission shall assume Local governments are authorized to create or administration and enforcement of the program until designate agencies or subdivisions of local such time as the local government indicates its government to'administer and enforce the programs. willingness and ability to resume administration and An ordinance adopted by a local government shall at enforcement of the program. least meet and may exceed the minimum (d) A local government may submit to the Commission requirements of this Article and the rules adopted for its approval a limited erosion and sedimentation pursuant to this Article. Two or more units of local control program for its jurisdiction that grants the government are authorized to establish a joint local government the responsibility only for the program and to enter into any agreements that are assessment and collection of fees and for the necessary for the proper administration and inspection of land-disturbing activities within the enforcement of the program. The resolutions jurisdiction of the local government. The establishing any joint program must be duly Commission shall be responsible for the recorded in the minutes of the governing body of administration and enforcement of all other each unit of local government participating in the components of the erosion and sedimentation program, and a certified copy of each resolution control program and the requirements of this Article. must be filed with the Commission. The local government may adopt ordinances and (b) The Commission shall review each program regulations necessary to establish a limited erosion submitted and within 90 days of receipt thereof shall and sedimentation control program. An ordinance