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Article 9: Enforcement 142 <br /> Section 9.9: Stormwater Management <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 stormwater control moan ,.o (SCM)or fails to <br /> conduct required maintenance on any permanent on-site SCM, or fails to <br /> remove an identified Illegal Discharge shall be subject to a civil 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 /> St rrr,water Management Planan SMP 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 /> (b) The notice of assessment shall be served by any means authorized <br /> under Section 9.9.1 of this Ordinance, and shall direct the violator to <br /> either pay the assessment or contest the assessment, within 30 days <br /> after the receipt of the notice of assessment, by written demand for a <br /> hearing. <br /> (c) If payment is not received within 30 days after demand for payment is <br /> made, the Erosion Control Officer may institute a civil action to recover <br /> the amount of the assessment. <br /> (d) The civil action may be brought in the Superior Court of the county where <br /> the violation occurred, or in the county where the violator's residence or <br /> principal place of business is located. <br /> (e) Such civil actions must be filed within three years of the date the <br /> assessment was due. <br /> (f) An assessment that is not contested is due when the violator is served <br /> with a notice of assessment. <br /> (g) An assessment that is contested is due at the conclusion of the <br /> administrative and judicial review of the assessment. <br /> (3) Credit of Civil Penalties <br /> (a) Civil penalties collected pursuant to this Section of the Ordinance shall <br /> be credited to the Orange County general fund as nontax revenue. <br /> (B) Criminal Penalties <br /> Any person who knowingly or willingly violates any stormwater management provision of <br /> this Ordinance or rule or order adopted or issued pursuant to these regulations, or who <br /> knowingly or willfully initiates or continues a developmeRt aGtiVit Land-Disturbing <br /> Activity349 for which a St rmwater Management Planan SMP is required except in <br /> accordance with the terms, conditions, and provisions of an approved plan shall be guilty <br /> of a misdemeanor punishable by imprisonment not to exceed 90 days or by a fine not to <br /> exceed $5,000, or by both, at the discretion of the court. <br /> 349 Correct reference to"Land-Disturbing Activity'. <br /> Orange County, North Carolina—Unified Development Ordinance Page 9-18 <br />