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11 <br /> Ordinance. The Ordinance should be amended to make the Soil <br /> Erosion and Sediment Control Manual the standard for Orange <br /> County so that there is no conflict with existing or proposed <br /> State standards. <br /> Mr. Craig Deal of the N.C. Sedimentation Control Commission <br /> staff, he has indicated that it is not necessary to amend the <br /> county Ordinance to adopt the Manual; Orange County is free <br /> to adopt its own standards as long as they meet or exceeded <br /> the Ordinance requirements. However, staff believes that the <br /> Ordinance should be amended to avoid confusion and to specify <br /> procedures for amending the Manual. <br /> Procedures for changing the Manual should be included in the <br /> Ordinance so that the process is clear and approved by the <br /> N.C. Sediment Control Commission. <br /> Section 22 Penalties <br /> a. Civil Penalties <br /> (1) Any person who violates any of the provisions of this <br /> ordinance or rules or orders adopted or issued pursuant <br /> to this ordinance, or who initiates or continues a land- <br /> disturbing activity for which an erosion control plan is <br /> required except in accordance with the terms, conditions, <br /> and provisions of an approved plan, shall be subject to a <br /> civil penalty of not more than $100 except that the <br /> penalty for failure to submit an erosion control Rlan <br /> shall be as provided in a.3. of this section. No penalty <br /> shall be assessed until the person alleged to be in <br /> violation has been notified of the violation by regis- <br /> tered or certified mail, return receipt requested, or <br /> other means reasonably calculated to provide actual <br /> notice to the offender. The notice shall describe the <br /> violation with reasonable particularity, specify a <br /> reasonable time period within which the violation must be <br /> corrected, and warn that failure to correct the violation <br /> within the time period will result in the assessment of a <br /> civil penalty or other enforcement action. Each day of a <br /> continuing violation shall constitute a separate viola- <br /> , tion under Section 22(a) (1) . <br /> COMMENTARY: This section will be amended to allow penalties <br /> for failure to submit a plan as discussed in paragraph 3 <br /> below. This change will be effective January 1, 1989. The <br /> County Attorney has recommended that this section be <br /> clarified to provide a reasonable means of notifying <br /> violators. <br /> (2) The Orange County Board of Commissioners shall determine <br /> the amount of the civil penalty to be assessed under <br /> Section 22(a) and shall make written demand for payment <br />