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Article 9: Enforcen'" <br /> Section 9.8: Soil Erosion and Sedimentation Control359F <br /> (1) Assessment of Penalties <br /> (a) Any person Person who violates any of the c>;-368erosion and <br /> sedimentation control provisions of this Ordinance or rules or orders <br /> adopted or issued pursuant to these regulations, or who initiates or <br /> continues a Land-Disturbing Activity for which an <br /> Erosion and <br /> Sedimentation Control Plan is required except in accordance with the <br /> terms, conditions, and provisions of an approved plan, shall be subject to <br /> 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 an <br /> ' Erosion and <br /> Sedimentation Control Plan for approval or for obstructing, hampering, or <br /> interfering with an authorized representative while in the process of <br /> carrying out his official duties. <br /> (e) Each day of a continuing violation shall constitute a separate violation. <br /> 44(f) When the Person has not been assessed any civil penalty under this <br /> subsection for any previous violation, and that person abated continuing <br /> environmental damage resulting from the violation within 180 days from <br /> the date of the notice of violation, the maximum cumulative total civil <br /> penalty assessed under this subsection for all violations associated with <br /> the Land-Disturbing Activity for which the Erosion and Sedimentation <br /> Control Plan is required is twenty-five thousand dollars ($25,000).369 <br /> (2) Notice of Civil Penalty Assessment and Demand for Payment of Penalty370 <br /> (a) The q_overning body shall AOtify the <br /> provide notice of the civil <br /> penalty amount and basis for assessment to the Person assessed. <br /> (b) The notice of assessment shall be served by any means authorized <br /> under Section 9.8.1 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 filing a petition for a <br /> hearing, or file a request with the governing body for remission of the <br /> assessment within 60 days of receipt of the notice of assessment. A <br /> remission request must be accompanied by a waiver of the right to a <br /> contested case hearing pursuant to Chapter 150B of the North Carolina <br /> General Statutes and a stipulation of the facts on which the assessment <br /> was based. 371 <br /> (c) If payment is not received within 30 days after demand for payment is <br /> made, the GowAty or towA, if ,the Board of County <br /> Commissioners may institute a civil action to recover the amount of the <br /> assessment. <br /> 368 Deleted "soil". <br /> 369 This section has been revisedto comply with the state's current E&SC Model Ordinance. <br /> 370 This section title has been merged with the titleof a redundant section which has now been eliminated. <br /> 371 This section has been revisedto comply with the state's current E&SC Model Ordinance. <br /> Orange County, North Carolina— Unified Development Ordinance Page 9-12 <br />