§ 113A-50 – Short title.
113A-50. Short title. This Article shall be known as and may be cited as the "Sedimentation Pollution Control Act of 1973." (1973, c. 392, s. 1.)
§ 113A-51 – Preamble.
113A-51. Preamble. The sedimentation of streams, lakes and other waters of this State constitutes a major pollution problem. Sedimentation occurs from the erosion or depositing of soil and other materials into the waters, principally from construction sites and road maintenance. The continued development of this State will result in an intensification of pollution through sedimentation […]
§ 113A-52 – Definitions.
113A-52. Definitions. As used in this Article, unless the context otherwise requires: (1) Repealed by Session Laws 1973, c. 1417, s. 1. (1a) "Affiliate" has the same meaning as in 17 Code of Federal Regulations 240.12(b)-2 (1 June 1993 Edition), which defines "affiliate" as a person that directly, or indirectly through one or more intermediaries, […]
§ 113A-52.01 – Applicability of this Article.
113A-52.01. Applicability of this Article. This Article shall not apply to the following land-disturbing activities: (1) Activities, including the production and activities relating or incidental to the production of crops, grains, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agriculture undertaken on agricultural land for the production of plants […]
§ 113A-52.1 – Forest Practice Guidelines.
113A-52.1. Forest Practice Guidelines. (a) The Department of Agriculture and Consumer Services shall adopt Forest Practice Guidelines Related to Water Quality (best management practices). The adoption of Forest Practices Guidelines Related to Water Quality under this section is subject to the provisions of Chapter 150B of the General Statutes. (b) If land-disturbing activity undertaken on […]
§ 113A-54 – Powers and duties of the Commission.
113A-54. Powers and duties of the Commission. (a) The Commission shall, in cooperation with the Secretary of Transportation and other appropriate State and federal agencies, develop, promulgate, publicize, and administer a comprehensive State erosion and sedimentation control program. (b) The Commission shall develop and adopt and shall revise as necessary from time to time, rules […]
§ 113A-54.1 – Approval of erosion control plans.
113A-54.1. Approval of erosion control plans. (a) A draft erosion and sedimentation control plan must contain the applicant’s address and, if the applicant is not a resident of North Carolina, designate a North Carolina agent for the purpose of receiving notice from the Commission or the Secretary of compliance or noncompliance with the plan, this […]
§ 113A-54.2 – Approval Fees.
113A-54.2. Approval Fees. (a) An application and compliance fee of one hundred dollars ($100.00) per acre of disturbed land shown on an erosion and sedimentation control plan or of land actually disturbed during the life of the project shall be charged for the review of an erosion and sedimentation control plan and related compliance activities […]
§ 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 […]
§ 113A-58 – Enforcement authority of the Commission.
113A-58. Enforcement authority of the Commission. In implementing the provisions of this Article the Commission is authorized and directed to: (1) Inspect or cause to be inspected the sites of land-disturbing activities to determine whether applicable laws, regulations or erosion and sedimentation control plans are being complied with; (2) Make requests, or delegate to the […]
§ 113A-59 – Educational activities.
113A-59. Educational activities. The Commission in conjunction with the soil and water conservation districts, the North Carolina Agricultural Extension Service, and other appropriate State and federal agencies shall conduct educational programs in erosion and sedimentation control, such programs to be directed towards State and local governmental officials, persons engaged in land-disturbing activities, and interested citizen […]
§ 113A-60 – Local erosion and sedimentation control programs.
113A-60. Local erosion and sedimentation control programs. (a) A local government may submit to the Commission for its approval an erosion and sedimentation control program for its jurisdiction and may adopt ordinances and regulations necessary to establish and enforce erosion and sedimentation control programs. An ordinance adopted by a local government may establish a fee […]
§ 113A-61 – Local approval of erosion and sedimentation control plans.
113A-61. Local approval of erosion and sedimentation control plans. (a) For those land-disturbing activities for which prior approval of an erosion and sedimentation control plan is required, the Commission may require that a local government that administers an erosion and sedimentation control program approved under G.S. 113A-60 require the applicant to submit a copy of […]
§ 113A-61.1 – Inspection of land-disturbing activity; notice of violation.
113A-61.1. Inspection of land-disturbing activity; notice of violation. (a) The Commission, a local government that administers an erosion and sedimentation control program approved under G.S. 113A-60, or other approving authority shall provide for inspection of land-disturbing activities to ensure compliance with this Article and to determine whether the measures required in an erosion and sedimentation […]
§ 113A-62 – Cooperation with the United States.
113A-62. Cooperation with the United States. The Commission is authorized to cooperate and enter into agreements with any agency of the United States government in connection with plans for erosion and sedimentation control with respect to land-disturbing activities on lands that are under the jurisdiction of such agency. (1973, c. 392, s. 13; 2002-165, s. […]
§ 113A-63 – Financial and other assistance.
113A-63. Financial and other assistance. The Commission and local governments are authorized to receive from federal, State, and other public and private sources financial, technical, and other assistance for use in accomplishing the purposes of this Article. (1973, c. 392, s. 14.)
§ 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 […]