Orange County NC Website
Article 9: EnforcernO <br /> Section 9.9: Stormwater Management <br /> \Restoration <br /> e action shall be brought in the Superior Court of Orange County. <br /> ease Violation <br /> on determination by a court that an alleged violation is occurrin or is <br /> eatened, the court shall enter any order or judgment that is n essary to abate <br /> violation, to ensure that restoration is performed, or to prev nt the threatened <br /> lation. <br /> e institution of an action for injunctive relief under this ction shall not relieve <br /> party to the proceedings from any civil or criminal p nalty prescribed for <br /> lations of the soil erosion and sedimentation contr provisions of this <br /> inance. <br /> 9.8as ffected by Failure to Comply <br /> (A) The County may) quire a person who is engaged i a land-disturbing activity and failed <br /> to retain sediment g erated by the activity, as re fired by N.C.G.S. 113A-57(3), to <br /> restore the waters an land affected by the failur so as to minimize the detrimental <br /> effects of the resulting p Ilution by sedimentat' n. <br /> (B) This authority is in addition o any other civ' or criminal penalty or injunctive relief <br /> authorized under this Ordina e. <br /> 9.8.5 Revocation of Land Disturbing Permit <br /> (A) Whenever a person conducting a -disturbing activity is not complying with the soil <br /> erosion and sedimentation cont r I pro 'sions of this Ordinance, the Land Disturbing <br /> Permit, the Approved Erosion ontrol P or any amendments to the Erosion Control <br /> Plan, the Erosion Control O cer may revo a the Land Disturbing Permit for the site. <br /> (B) Notice of Revocation sh be sent by registe d or certified mail to the person conducting <br /> the land-disturbing acti ty. In the event delive cannot be accomplished by registered or <br /> certified mail, it may accomplished in any man er provided in Rule 4 Q)of the North <br /> Carolina Rules of . it Procedure. <br /> (C) Upon receipt of e Revocation Notice, the person res risible must immediately order all <br /> land-disturbin activities to cease except those which ar specifically directed towards <br /> bringing the ite into compliance with the soil erosion and dimentation control <br /> provisions f this Ordinance. <br /> (D) Once t site has been inspected and remedial work approved y the Erosion Control <br /> Off <br /> ic the responsible party may reapply for a Land Disturbing rmit and pay the <br /> ap opriate fee. <br /> (E) esumption of land disturbing activities other than those necessary to ring the site back <br /> into compliance with the soil erosion and sedimentation control provisio of this <br /> Ordinance before the reissuance of the Land Disturbing Permit shall cons ute a violation <br /> of the Ordinance. <br /> F) The person conducting the land-disturbing activity may appeal the revocation o Land <br /> Disturbing Permit following procedures set out in Section 2.27 of this Ordinance. <br /> SECTION 9.9: STORMWATER MANAGEMENT Inspections and Investigations <br /> (A) Site Inspections <br /> (1) Agents, officials, or other qualified persons authorized by the County will <br /> periodically inspect on-site BMPs stormwater control measures (SCMs) and <br /> illegal discharges to ensure: <br /> Orange County, North Carolina—Unified Development Ordinance Page 9-12 <br />