Orange County NC Website
Article 9: Enforcement 44 <br /> Section 9.9: Stormwater Management <br /> (2) The action shall be brought in the Superior Court of Orange County. <br /> (B) Order to Cease Violation <br /> (1) Upon determination by a court that an alleged violation is occurring or is <br /> threatened, the court shall enter any order or judgment that is necessary to abate <br /> the violation, to ensure that restoration is performed, or to prevent the threatened <br /> violation. <br /> (2) The institution of an action for injunctive relief under this section shall not relieve <br /> any party to the proceedings from any civil or criminal penalty prescribed for <br /> violations of the soil erosion and sedimentation control provisions of this <br /> Ordinance. <br /> 9.8.4 Restoration of Areas Affected by Failure to Comply <br /> (A) The County may require a person who is engaged in a land-disturbing activity and failed <br /> to retain sediment generated by the activity, as required by N.C.G.S. 113A-57(3), to <br /> restore the waters and land affected by the failure so as to minimize the detrimental <br /> effects of the resulting pollution by sedimentation. <br /> (B) This authority is in addition to any other civil or criminal penalty or injunctive relief <br /> authorized under this Ordinance. <br /> 9.8.5 Revocation of Land Disturbing Permit <br /> (A) Whenever a person conducting a land-disturbing activity is not complying with the soil <br /> erosion and sedimentation control provisions of this Ordinance, the Land Disturbing <br /> Permit, the Approved Erosion Control Plan or any amendments to the Erosion Control <br /> Plan, the Erosion Control Officer may revoke the Land Disturbing Permit for the site. <br /> (B) Notice of Revocation shall be sent by registered or certified mail to the person conducting <br /> the land-disturbing activity. In the event delivery cannot be accomplished by registered or <br /> certified mail, it may be accomplished in any manner provided in Rule 4 Q) of the North <br /> Carolina Rules of Civil Procedure. <br /> (C) Upon receipt of the Revocation Notice, the person responsible must immediately order all <br /> land-disturbing activities to cease except those which are specifically directed towards <br /> bringing the site into compliance with the soil erosion and sedimentation control <br /> provisions of this Ordinance. <br /> (D) Once the site has been inspected and remedial work approved by the Erosion Control <br /> Officer, the responsible party may reapply for a Land Disturbing Permit and pay the <br /> appropriate fee. <br /> (E) Resumption of land disturbing activities other than those necessary to bring the site back <br /> into compliance with the soil erosion and sedimentation control provisions of this <br /> Ordinance before the reissuance of the Land Disturbing Permit shall constitute a violation <br /> of the Ordinance. <br /> (F) The person conducting the land-disturbing activity may appeal the revocation of a 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 />