8.3.22 Planning Board Packet - Laserfiche WebLink

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Article 9: Enforcement 161 Section 9.8: Soil Erosion and Sedimentation Contro1356F (1) Assessment of Penalties (a) Any perssR Person who violates any of the 365erosion and sedimentation control provisions of this Ordinance or rules or orders adopted or issued pursuant to these regulations, or who initiates or continues a land disturbing anti„ityLand-Disturbing Activity for which an Erosion erpslep and sedimentation Control Plan Erosion and Sedimentation Control Plan is required except in accordance with the terms, conditions, and provisions of an approved plan, shall be subject to a civil penalty. (b) The maximum civil penalty for a violation is $5,000 per day. (c) If, after the allotted time period has expired, the violator has not completed corrective action, a civil penalty may be assessed from the date the violation is detected. (d) No time period for compliance need be given for failure to submit an Erosion erosinp aR d sedimentation Control DlanErosion and Sedimentation Control Plan for approval or for obstructing, hampering, or interfering with an authorized representative while in the process of carrying out his official duties. (e) Each day of a continuing violation shall constitute a separate violation. W(f) When the Person has not been assessed any civil penalty under this subsection for any previous violation, and that person abated continuing environmental damage resulting from the violation within 180 days from the date of the notice of violation, the maximum cumulative total civil penalty assessed under this subsection for all violations associated with the Land-Disturbing Activity for which the Erosion and Sedimentation Control Plan is required is twenty-five thousand dollars ($25,000).366 (2) Notice of Civil Penalty Assessment and Demand for Payment of Penalty36' (a) The governing body shall notify the person who is assessed the s Vil p adty of the of the p alty and the reason for assessing the penalty provide notice of the civil Penalty amount and basis for assessment to the Person assessed. (b) The notice of assessment shall be served by any means authorized under Section 9.8.1 of this Ordinance, and shall direct the violator to either pay the assessment_-er--contest the assessment,within 30 days after the receipt of the notice of assessment, by filing a petition for a hearing, or file a request with the governing body for remission of the assessment within 60 days of receipt of the notice of assessment. A remission request must be accompanied by a waiver of the right to a contested case hearing pursuant to Chapter 150B of the North Carolina General Statutes and a stipulation of the facts on which the assessment was based.`"'ritte.n demand fn-r a hearip.. 368 (c) If payment is not received within 30 days after demand for payment is made, the Geunty GF tGWR, of appliGable-,Lhe Board of County Commissioners may institute a civil action to recover the amount of the assessment. sss Deleted "soil". sss This section has been revised to comply with the state's current E&SC Model Ordinance. 367 This section title has been merged with the title of a redundant section which has now been eliminated. 36s This section has been revised to comply with the state's current E&SC Model Ordinance. Orange County, North Carolina—Unified Development Ordinance Page 9-12