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Article 9: Enforcement 46 <br /> Section 9.9: Stormwater Management <br /> (1) The Erosion Control Officer shall have the authority to require written statements, <br /> or the filing of reports under oath, with respect to pertinent questions relating to <br /> stormwater management activities. <br /> (E) Stop Work Orders <br /> (1) Whenever any person is violating the stormwater management provisions of this <br /> Ordinance or any rule or order adopted or issued pursuant to this Ordinance, or <br /> any term, condition, or provisions of an approved Stormwater Management Plan, <br /> the Erosion Control Officer may, either before or after the institution of any other <br /> action or proceeding authorized by these regulations, issue a stop work order for <br /> the site on which the violation has occurred. <br /> (2) Upon issuance of such an order and the posting of same on the site of the <br /> violation, all work on the site of the violation shall cease, except those activities <br /> necessary to bring the site into compliance with the stormwater management <br /> provisions of this Ordinance. <br /> (3) Notice of the stop work order shall be in writing, directed to the person <br /> conducting the stormwater management activity in violation of the provisions of <br /> this Ordinance and shall state the reasons for the issuance of the order, and the <br /> conditions under which work may be resumed. <br /> (4) Notice shall be given by registered or certified mail. <br /> (5) In the event service cannot be accomplished by registered or certified mail, it <br /> may be accomplished in any manner provided in rule 40)of the North 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 BMP stormwater control measure (SCM)_or fails to <br /> conduct required maintenance on any permanent on-site BMPSCM, 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 violator has not <br /> completed corrective action, a civil penalty may be assessed from the <br /> date the violation is detected. <br /> (d) No time period for compliance need be given for failure to submit a <br /> Stormwater Management Plan for approval or for obstructing, <br /> hampering, or interfering with an authorized representative while in the <br /> process of carrying out his official duties. <br /> (e) Each day of a continuing violation shall constitute a separate violation. <br /> (2) Demand for Payment of Penalty <br /> (a) The Board of County Commissioners shall notify the person who is <br /> assessed the civil penalty of the amount of the penalty and the reason <br /> for assessing the penalty. <br /> Orange County, North Carolina—Unified Development Ordinance Page 9-14 <br />