§19-1B-1. Short Title
This article shall be known and cited as the "Logging Sediment Control Act."
§19-1B-10. Orders of the Director
Notwithstanding the provisions of §19-1B-5 of this code, whenever the director determines that any person has violated a provision of this article or any rules promulgated pursuant thereto, he or she may enter an order directing the person to cease the violation and, where appropriate, to take such action to remediate damage created or to […]
§19-1B-11. Creation of Conference Panels; Authority
(a) Each forestry region in this state shall contain an informal conference panel composed of three persons to decide appeals of the director's orders. One member of the panel shall be selected by the director, one member shall be selected by the chief and one member shall be selected by agreement between the chief and […]
§19-1B-12a. Criminal and Civil Penalties
(a) It is illegal for a person to: (1) Conduct timbering operations, purchase timber, or buy logs for resale in this state without holding a valid license from the Director of the Division of Forestry, as required by §19-1B-4 of this code;
§19-1B-13. Cooperation of Other State Agencies
All state agencies shall cooperate with the director in the director's efforts to ensure that persons conducting timbering operations are doing so in compliance with all applicable provisions of state law, and the director shall cooperate with such other state agencies to enforce their statutory and regulatory responsibilities and duties. Cooperation shall include the sharing […]
§19-1B-14. Effect on Other Laws
Nothing in this article relieves any person conducting timbering operations from complying with any other provision of this code.
§19-1B-2. Legislative Findings, Intent and Purpose of Article
The Legislature hereby finds that some activities associated with the commercial harvesting of timber results in the exposure of soil and that, if uncontrolled, such exposed soil can erode resulting in gullying, soil slippages and sediment deposition in streams. It is the policy of this state to strengthen and extend the present sediment control activities […]
§19-1B-3. Definitions
(a) "Best management practices" means sediment control measures, structural or nonstructural, used singly or in combination, to reduce soil runoff from land disturbances associated with commercial timber harvesting. (b) "Chief" means the Director of the Division of Water and Waste Management of the Department of Environmental Protection, or his or her designee. (c) "Director" means […]
§19-1B-4. Timbering License Required; Requirement for License; Exemption; Annual Fee; Rules
(a) A person may not conduct timbering operations, purchase timber, or buy logs for resale until he or she has obtained a license and met the requirements of this article. (b) Exemptions. — A person who severs or removes, or hires or contracts with another to sever or remove, standing trees from his or her […]
§19-1B-5. Compliance Orders; Suspension of Timbering Operation License
(a) Upon a finding by the chief that failure to use a particular best management practice is causing or contributing, or has the potential to cause or contribute, to soil erosion or water pollution, the chief shall notify the director of the location of the site, the problem associated with the site, and any suggested […]
§19-1B-6. Notification of Duration of Timbering Operations or Harvesting of Timber for Sale; Requirements Thereof
(a) In addition to any other requirement of this article, no person may conduct timbering operations and no person may sever trees for sale unless the person notifies the director of the specific location on which the timbering operations or harvesting of timber are to be conducted. The notification shall be made in a manner […]
§19-1B-7. Certification of Persons Supervising Timbering Operations; Timbering Operations to Be Supervised; Promulgation of Rules
(a) Any individual supervising any licensed timbering operation, or any individual supervising any timbering operation that is not exempted from the licensing requirements set forth in §19-1B-4 of this code, must be certified pursuant to this section. (b) The director is responsible for the development of standards and criteria for education, training, and examination that […]
§19-1B-8. Timbering Operations Enforcement Fund
There is created in the state Treasury a special revolving fund designated the "Timbering Operations Enforcement Fund." All fees collected pursuant to this article shall be deposited into the fund: Provided, That amounts deposited in the fund which are found from time to time to exceed the amounts necessary to effectuate the purposes of this […]
§19-1B-9. Right of Entry
The director or the chief has the right to enter upon any property for the purpose of making inspections to ensure that the provisions of this article and any rules promulgated pursuant thereto are being complied with.