§ 113A-64 – Penalties.
113A-64. Penalties. (a) Civil Penalties. – (1) Any person who violates any of the provisions of this Article or any ordinance, rule, or order adopted or issued pursuant to this Article by the Commission or by a local government, or who initiates or continues a land-disturbing activity for which an erosion and sedimentation control plan […]
§ 113A-64.1 – Restoration of areas affected by failure to comply.
113A-64.1. Restoration of areas affected by failure to comply. The Secretary or a local government that administers a local erosion and sedimentation control program approved under G.S. 113A-60 may require a person who engaged in a land-disturbing activity and failed to retain sediment generated by the activity, as required by G.S. 113A-57(3), to restore the […]
§ 113A-64.2 – Remission of civil penalties.
113A-64.2. Remission of civil penalties. (a) A request for remission of a civil penalty imposed under G.S. 113A-64 may be filed with the Commission 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 […]
§ 113A-65 – Injunctive relief.
113A-65. Injunctive relief. (a) Violation of State Program. – Whenever the Secretary has reasonable cause to believe that any person is violating or is threatening to violate the requirements of this Article he may, either before or after the institution of any other action or proceeding authorized by this Article, institute a civil action for […]
§ 113A-65.1 – Stop-work orders.
113A-65.1. Stop-work orders. (a) The Secretary may issue a stop-work order if he finds that a land-disturbing activity is being conducted in violation of this Article or of any rule adopted or order issued pursuant to this Article, that the violation is knowing and willful, and that either: (1) Off-site sedimentation has eliminated or severely […]
§ 113A-66 – Civil relief.
113A-66. Civil relief. (a) Any person injured by a violation of this Article or any ordinance, rule, or order duly adopted by the Secretary or a local government, or by the initiation or continuation of a land-disturbing activity for which an erosion and sedimentation control plan is required other than in accordance with the terms, […]
§ 113A-67 – Annual Report.
113A-67. Annual Report. The Department shall report to the Environmental Review Commission on the implementation of this Article on or before October 1 of each year. The Department shall include in the report an analysis of how the implementation of the Sedimentation Pollution Control Act of 1973 is affecting activities that contribute to the sedimentation […]
§ 113A-55 – Authority of the Secretary.
113A-55. Authority of the Secretary. The sedimentation control program developed by the Commission shall be administered by the Secretary under the direction of the Commission. To this end the Secretary shall employ the necessary clerical, technical, and administrative personnel, and assign tasks to the various divisions of the Department for the purpose of implementing this […]
§ 113A-56 – Jurisdiction of the Commission.
113A-56. Jurisdiction of the Commission. (a) The Commission shall have jurisdiction, to the exclusion of local governments, to adopt rules concerning land-disturbing activities that are: (1) Conducted by the State. (2) Conducted by the United States. (3) Conducted by persons having the power of eminent domain other than a local government. (4) Conducted by a […]
§ 113A-57 – Mandatory standards for land-disturbing activity.
113A-57. Mandatory standards for land-disturbing activity. No land-disturbing activity subject to this Article shall be undertaken except in accordance with the following mandatory requirements: (1) No land-disturbing activity during periods of construction or improvement to land shall be permitted in proximity to a lake or natural watercourse unless a buffer zone is provided along the […]