Agenda - 02-04-1991 - Laserfiche WebLink

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g` Review 'of Other Environmental Documents 34 36 Agents, officials, or other gualified Rgrsons authorized by e County Mrill oe *odically ingMt the sites of land- disturbing activity to determine: compliance with the Act, this ordinance, or rules or orders adopted or issued-pursuant to this ordinance: whether the activity is being conducted in accordance with an approved plan: and s whether the measures reauired in the lap are effective in controlling erosion and sediment resulting from_ land - disturbing activity. , Notice of the night to inspect shall be included in the ,notification of plan approval. COAOMNTARY.• 'This chang'o-is'intended to -clearly give the rightfor authorized personnel to enter and inspect sites. b. Notice of Violation If, through inspection, it is determined that a person engaged in land -disturbing activity has failed to comply with the Act. this Ordinance or rules, or orders adopted or issued pursuant to this Ordinance, or has failed to comply with the approved plan, a notice of violation shall be served upon that person by registered or certified mail, return receipt requested, or other means reasonably calculated to give actual notice. The notice shall set forth the measures necessary to achieve compliance with the plan, specify a reasonable time period within which such measures must be completed, and warn that failure to correct the violation within the time period will result in the assessment of a civil penalty or other enforcement action. However, no time rind for con liance need be given for failure to submit an erosion control Dlan for p2proval or for obstructing, hImMring or interfering- with an authorized resentative while in the 1process of carrying out their official duties. If the person engaged in land - disturbing activity fails to comply within the time specified, enforcement action shall be initiated. COMl1MNTARY.- Failures that constitute a violation are clarified. A time limit to correct certain specified violations (failure to submit a plan and interfering with the right to inspect) is not required. Section 22 Penalties a. Civil Penalties (1) Assessment of Penalties Any person who violates any of the provisions of this ordinance or rules or orders adopted or issued pursuant to this ordinance, or who initiates or continues a land-disturbing activity for which an erosion control. plan is required except in accordance with the terms, conditions, and provisions of an approved plan, shall be subject to a civil penalty of $1* $LOO except that the penalty for failure to submit an erosion control plan shall be as provided in a.3. of this section. No penalty shall be assessed until the person alleged to be in violation has been notified of the violation by registered or certified mail, return receipt requested, or other means reasonably calculated to provide actual notice to the offender. The notice shall describe the violation with reasonable particularity, specify a reasonable time period within which the violation must be corrected, and wars that failure to correct the violation within the time period will result in the assessment of a civil penalty or other enforcement action. However, no time riod for compliance need be giKen for failure to sub 't M_EMgion Control Plan fora roval or for obstructing, hampering or interfering with an authorized representative while_ in the process _of carrying . out his official duties._ Each day of a continuing violation shall constitute a separate violation under Section 22(a)(1). C0JGff_ NT lRY.- Fines are increased to $500 per day. No time period for compliance is allowed for failure to submit a plan or interfering with the right to inspect. (2) Demand for Payment of Penalty The Orange County Board of Commissioners shall make written demand for payment upon the person 4n 7_7G_dt