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Planning Board agenda 010219
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Planning Board agenda 010219
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Last modified
5/28/2019 11:51:08 AM
Creation date
12/27/2018 2:00:01 PM
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BOCC
Date
1/2/2019
Meeting Type
Regular Meeting
Document Type
Agenda
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Article 9: Enforcem418 <br /> Section 9.9: Stormwater Management <br /> 1) The Erosion Control Officer shall have the authority to require writt statements, <br /> or the filing of reports under oath, with respect to pertinent que ns relating to <br /> stormwater management activities. <br /> (E) Stop Wo Orders <br /> (1) When er any person is violating the stormwate anagement provisions of this <br /> Ordinanc r any rule or order adopted or is ed pursuant to this Ordinance, or <br /> any term, co 'tion, or provisions of an a roved Stormwater Management Plan, <br /> the Erosion Con I Officer may, eith efore or after the institution of any other <br /> action or proceedin uthorized b ese regulations, issue a stop work order for <br /> the site on which the vi tion s occurred. <br /> (2) Upon issuance of such o er and the posting of same on the site of the <br /> violation, all work on a site of a violation shall cease, except those activities <br /> necessary to bri he site into co Hance with the stormwater management <br /> provisions of s Ordinance. <br /> (3) Notice a stop work order shall be in wri ' g, directed to the person <br /> con cting the stormwater management active in violation of the provisions of <br /> 's Ordinance and shall state the reasons for the " suance of the order, and the <br /> conditions under which work may be resumed. <br /> Notice shall be given by registered or certified mail. <br /> (5) In the event service cannot be accomplished by registered or c ified mail, it <br /> may be accomplished in any manner provided in rule 40)of the No Carolina <br /> Rules of Civil Procedure. <br /> 9.9.2 Penalties <br /> (A) Civil Penalties <br /> (1) Assessment of Penalties <br /> (a) Any person who violates any of the stormwater management provisions <br /> of this Ordinance or rules or orders adopted or issued pursuant to these <br /> regulations, or who fails to install, or complete any permanent on-site <br /> Nitrogen Reduction BMPstormwater control measure (SCM)or fails to <br /> conduct required maintenance on any permanent on-site BPSCM, or <br /> fails to remove an identified Illegal Discharge shall be subject to a civil <br /> penalty. <br /> (b) The maximum civil penalty for a violation is$5,000 per day. <br /> (c) If, after the allotted time period has expired, the violat as not <br /> completed corrective action, a civil penalty may b ssessed from the <br /> date the violation is detected. <br /> (d) No period for compliance need given for failure to submit a <br /> Stormwa anagement Plan f pproval or for obstructing, <br /> hampering, or rfering wi an authorized representative while in the <br /> process of carrying so icial duties. <br /> (e) Each day of a c inuing vi 'on shall constitute a separate violation. <br /> (2) Demand for Pa ent of Penalty <br /> (a) Board of County Commissioners shall the person who is <br /> assessed the civil penalty of the amount of the p Ity and the reason <br /> for assessing the penalty. <br /> Orange County, North Carolina—Unified Development Ordinance Page 9-14 <br />
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