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Article 9: Enforcement 163 Section 9.8: Soil Erosion and Sedimentation Control356F (a) See Section 2.26.11 of this Ordinance. M(8) Credit of Civil Penalties3'-3 (a) Civil penalties collected pursuant to this Section of the Ordinance shall be credited to the Civil Penalty and Forfeiture Fund in accordance with N.C.G.S. 115C-457.2. (b) Penalties collected by Orange County may be diminished only by the actual costs of collection. The collection cost percentage to be used shall be established and approved by the North Carolina Office of State Budget and Management on an annual basis, based upon the computation of actual collection costs by Orange County for the prior fiscal year. Remission of Civil Penalties374 (a) -A request for remission of a civil penalty imposed under N.C.G.S. 113A- 64 may be filed with the governing body within 30 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 General Statutes and a stipulation of the facts on which the assessment was based. The following factors shall be considered in determining whether a civil penalty remission request will be approved: (i) Whether one or more of the civil penalty assessment factors in N.C.G.S. 113A-64(a)(3)were wrongly applied to the detriment of the petitioner. (ii) Whether the petitioner promptly abated continuing environmental damage resulting from the violation. (iii) Whether the violation was inadvertent or a result of an accident. (iv) Whether the petitioner had been assessed civil penalties for any previous violations. (v) Whether payment of the civil penalty will prevent payment for necessary remedial actions or would otherwise create a significant financial hardship. W(vi) The assessed property tax valuation of the petitioner's property upon which the violation occurred, excluding the value of any structures located on the property. (B) Criminal Penalties Any p8FSG > Person who knowingly or willingly violates any provision of this Ordinance, or rule or order adopted or issued by the North Carolina Sedimentation Control Commission or a local government, ^'I e ^0375 o.,.J oorJir,,o.,+ofir,r, GORtFOI provisione +hio (lrrlir�rno Ar r,ilo Ar Arrlor arlon+orl or issued pursuant to+horn regulations, or who knowingly or willfully initiates or continues a land disturbing aGtivityLgDd-Qisturbing Activityl and Rost urhonq Actovot"for which an Erosion and Sedimentation Control P4anErosion and Sedimentation Control Plan is required except in accordance with the terms, conditions, and provisions of an approved Erosion and Sedimentation Control Plan, shall be guilty of a Class 2 misdemeanor punishable by OM ent net tG eXGeed 90 days er by a fine Ret to o eed $5 non or by both at the diSGret'G , r,f the which may include a fine not to exceed $5,000 as provided in N.C.G.S. 113A-64. 3'3 This section has been revised to comply with the state's current E&SC Model Ordinance. 3'4 Added this section to comply with the state's current E&SC Model Ordinance. Orange County, North Carolina—Unified Development Ordinance Page 9-14