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4ammui <br /> 44 <br /> measures, and devices are contained in the "Orange County <br /> Soil Erosion and Sediment Control Manual. " Copies of the <br /> Manual are available from the Erosion Control Division of <br /> the Orange County Planning Department. <br /> B. Corrections, revisions, and amendments to the Soil <br /> Erosion. and Sediment Control Manual shall be made upon <br /> recommendation of the Erosion Control Officer and approval <br /> by the Orange County Board of Commissioners. <br /> C. Nothing in this Section shall be construed to allow <br /> approval of a plan which is inconsistent, with the <br /> mandatory standards set forth in Section 8 Q . <br /> Ordinance or Any other provision of this ordinance. <br /> COMMENTARY: The underlined paragraph "C" would be added <br /> to avoid conflicts with the mandatory <br /> standards. <br /> Section 2 . <br /> a. Civil Penalties <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 /> 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 /> COMMENTARY: The County Attorney recommends deleting the <br /> portions above in the first and second <br /> sentences that are struck through to conform <br /> with the removal of discretionary fines as <br /> adopted on January 3. <br /> The Commission's modification is to delete <br /> the last sentence and replace it with <br /> paragraph (4) below. <br />