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Article 9: Enforcement 107 <br /> Section 9.8: Soil Erosion and Sedimentation Control <br /> (7) Credit of Civil Penalties <br /> (a) Civil penalties collected pursuant to this Section of the Ordinance shall <br /> be credited to the Civil Penalty and Forfeiture Fund. <br /> (B) Criminal Penalties <br /> Any person who knowingly or willingly violates any sell-erosionS264 and sedimentation <br /> control provision of this Ordinance or rule or order adopted or issued pursuant to these <br /> regulations, or who knowingly or willfully initiates or continues a land disturbing <br /> aGti MYLand-Disturbing Activity for which an Erosion and Sedimentation Control Plan is <br /> required except in accordance with the terms, conditions, and provisions of an approved <br /> plan shall be guilty of a misdemeanor punishable by imprisonment not to exceed 90 days <br /> or by a fine not to exceed $5,000, or by both, at the discretion of the court. <br /> 9.8.3 Injunctive Relief <br /> (A) Civil Action in Superior Court <br /> (1) Whenever the governing body of the Town or County has reasonable cause to <br /> believe that any person is violating or threatening to violate the &G44-erosion and <br /> sedimentation control provisions of this Ordinance or any rule or order adopted or <br /> issued pursuant to these regulations, or any term, condition, or provision of an <br /> approved Erosion erosion and sedimentation SsRtrsl PlaRcontrol plan, it may, <br /> either before or after the institution of any other action or proceeding authorized <br /> by this Ordinance, institute a civil action in the name of the town or county for <br /> injunctive relief to restrain the violation or threatened violation. <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 ;A61 265 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 seil266 <br /> erosion and sedimentation control provisions of this Ordinance, the Land Disturbing <br /> Permit, the wed €rss+er}approved erosion and sedimentation GGR#91 PlaRcontrol <br /> plan or any amendments to the EFesiGR erosion and sedimentation OoRtFelP4aecontrol <br /> plan, the Erosion Control Officer may revoke the Land Disturbing Permit for the site. <br /> 264 Text correction—deleted "soil"and "s". <br /> 2"Deleted "soil". <br /> 266 Deleted "soil". <br /> Orange County, North Carolina—Unified Development Ordinance Page 9-12 <br />