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Appendix I. <br /> NORTH CAROLINA GENERAL STATUTES <br /> Sedimentation Pollution Control Act(Ch. 113A Art. 4) <br /> (selected statutes) <br /> § 113A-54.Powers and duties of the Commission. revised plan if the commission determines that a <br /> (d) In implementing the erosion and sedimentation plan does not comply with the requirements of <br /> control program,the Commission shall: this Article or the rules adopted pursuant to this <br /> Article. <br /> (1) Assist and encourage local governments in (2) To review the compliance activities of a <br /> developing erosion and sedimentation control delegated erosion and sedimentation control <br /> programs and, as a part of this assistance, the <br /> Commission shall develop a model local erosion program and to take appropriate compliance <br /> and sedimentation control ordinance. The action if the Commission determines that the <br /> local government has failed to take appropriate <br /> Commission shall approve, approve as <br /> modified, or disapprove local programs compliance action. <br /> submitted to it pursuant to G.S. 113A-60. (1973, c. 392, s. 7; c. 1417, s. 4; 1987, c. 827, s. 130; <br /> 1987 (Reg. Sess., 1988), c. 1000, s. 4; 2002-165, s. 2.5; <br /> § 113A-56.Jurisdiction of the Commission. 2006-250, s.2.) <br /> (a) The Commission shall have jurisdiction, to the <br /> exclusion of local governments, to adopt rules § 113A-60. Local erosion and sedimentation control <br /> concerning land-disturbing activities that are: . programs. <br /> (1)Conducted by the State. (a) A local government may submit to the Commission <br /> (2)Conducted by the United States. for its approval an erosion and sedimentation control <br /> program for its jurisdiction, and to this end local <br /> (3) Conducted by persons having the power of governments are authorized to adopt ordinances and <br /> eminent domain other than a local government. regulations necessary to establish and enforce <br /> (4)Conducted by a local government. erosion and sedimentation control programs. An <br /> ordinance adopted by a local government may <br /> (5) Funded in whole or in part by the State or the establish a fee for the review of an erosion and <br /> United States. sedimentation control plan and related activities. <br /> (b) The Commission may delegate the jurisdiction Local governments are authorized to create or <br /> conferred by G.S. 113A-56(a), in whole or in part,to designate agencies or subdivisions of local <br /> any other State agency that has submitted an erosion government to administer and enforce the programs. <br /> and sedimentation control program to be An ordinance adopted by a local government shall at <br /> administered by it, if the program has been approved least meet and may exceed the minimum <br /> by the Commission as being in conformity with the requirements of this Article and the rules adopted <br /> general State program. pursuant to this Article. Two or more units of local <br /> government are authorized to establish a joint <br /> (c) The Commission shall have concurrent jurisdiction program and to enter into any agreements that are <br /> with local governments that administer a delegated necessary for the proper administration and <br /> erosion and sedimentation control program over all enforcement of the program. The resolutions <br /> other land-disturbing activities. In addition to the establishing any joint program must be duly <br /> authority granted to the Commission in G.S. 113A- recorded in the minutes of the governing body of <br /> 60(c), the Commission has the following authority each unit of local government participating in the <br /> with respect to a delegated erosion and program, and a certified copy of each resolution <br /> sedimentation control program: must be filed with the Commission. <br /> (1) To review erosion and sedimentation control (b) The Commission shall review each program <br /> plan approvals made by a delegated erosion and submitted and within 90 days of receipt thereof shall <br /> sedimentation control program and to require a notify the local government submitting the program <br />