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12Y <br /> upon the person responsible for the violation, and shall <br /> set forth in detail a description of the violation for <br /> which the penalty has been invoked. In determining the <br /> amount of the penalty the Board of Commissioners shall <br /> consider the degree and extent of harm caused by the <br /> violation and the cost of rectifying the damage. If pay- <br /> ment is not received or equitable settlement reached <br /> within 30 days after demand for payment is made, the <br /> matter shall be referred to the town or county attorney <br /> for institution of a civil action in the name of the town <br /> or county in the appropriate division of the General <br /> Courts of Justice for recovery of the penalty. Any sums <br /> recovered shall be used to carry out the purposes and <br /> requirements of this ordinance. <br /> ill Any person wild fails to submit an erosion control plan, <br /> • for approval pursuant to this Ordinance shall be subject <br /> •to a single. noncontinuing civil penalty of not more than <br /> one thousand dollars ($1,000) . ALy," ae_alMy which is <br /> recovered pursuant to this subdivision shall be deposited, <br /> j . General Fund. Any person who j . to a civil <br /> Penalty under this subdivision may be subject to addi- <br /> . tional civil penalties for violation of any other <br /> provision of this Article or any ordnance, rule, or order <br /> adopted or issued misigant to this Article by the <br /> Commission on Orange County. <br /> COMMENTARY: This paragraph will be added to allow penalties <br /> to be accessed for failure to submit an erosion control plan <br /> as required by the Ordinance. This change will be effective <br /> • January 1, 1989. <br /> b. Criminal Penalties <br /> Any person who knowingly or willingly violates any <br /> provision of this ordinance or rule or order adopted or <br /> issued pursuant to this ordinance, or who knowingly or <br /> willfully initiates or continues a land-disturbing <br /> activity for which an erosion control plan is required <br /> except in accordance with the terms, conditions, and <br /> provisions of an approved plan shall be guilty of a <br /> misdemeanor punishable by imprisonment not to exceed 90 <br /> days or by a fine not to exceed $5,000, or by both, at <br /> the discretion of the court. <br />