GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	1 

HOUSE BILL 1203

Short Title:  Erosion Control Plan/New Criteria.	(Public)
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Sponsors: Representatives Colton; Payne, N. Crawford, Greenwood, Nesbitt, Hackney, B. Ethridge, Holt, Diamont, Jones, and Buchanan.
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Referred to:  Basic Resources.
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April 12, 1989

A BILL TO BE ENTITLED
AN ACT TO AUTHORIZE THE NORTH CAROLINA SEDIMENTATION COMMISSION AND LOCAL GOVERNMENTS TO CONSIDER THE FINANCIAL CAPABILITY AND PERFORMANCE HISTORY OF AN APPLICANT SUBMITTING AN EROSION CONTROL PLAN PRIOR TO APPROVING SUCH A PLAN.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 113A-54(d) reads as rewritten: 
"(d)	In implementing the erosion and sedimentation control program, the Commission is authorized and directed to:
(1)	Assist and encourage local governments in developing erosion and sediment control programs and as part of such assistance to develop a model local erosion control ordinance, and approve, approve as modified, or disapprove local plans submitted to it pursuant to G.S. 113A-60;
(2)	Assist and encourage other State agencies in developing erosion and sedimentation control programs to be administered in their jurisdictions, and to approve, approve as modified, or disapprove such programs submitted pursuant to G.S. 113A- 56 and from time to time review such programs for compliance with regulations issued by the Commission and for adequate enforcement;
(3)	Develop recommended methods of control of sedimentation and prepare and make available for distribution publications and other materials dealing with sedimentation control techniques appropriate for use by persons engaged in land-disturbing activities, general educational materials on erosion and sedimentation control, and instructional materials for persons involved in the enforcement of erosion control regulations, ordinances, and plans;
(4)	Require submission of erosion control plans by those responsible for initiating land-disturbing activities for approval prior to commencement of the activities. As to those activities requiring prior plan approval, the Commission must either approve or disapprove the plan within 30 days of receipt. The draft 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 Article, or any rules adopted pursuant to this Article. Failure to approve or disapprove a complete erosion and sedimentation control plan within 30 days of receipt shall be deemed approval. Denial of a plan must specifically state in writing the reasons for denial. The Commission must approve or deny a revised plan within 15 days of receipt, or it is deemed to be approved.
If, following commencement of a land-disturbing activity pursuant to an approved plan, the Commission determines that the plan is inadequate to meet the requirements of this Article, the Commission may require such revisions as are necessary to comply with this act. The Commission must approve or deny the revised plan within 15 days of receipt, or it is deemed to be approved.
(5)	Require that an applicant submitting an erosion control plan under this Article or rules adopted under this Article satisfy the Commission that the applicant, or any parent or subsidiary corporation if the applicant is a corporation:
a.	Is financially qualified to carry out the activity for which the erosion and sedimentation control plan is submitted; and
b.	Has substantially complied with the erosion and sedimentation control practices applicable to any activity in which the applicant has previously engaged, and has been in substantial compliance with other federal and State laws, regulations, and rules for the protection of the environment.” 
Sec. 2.  G.S. 113A-61 reads as rewritten:
"§ 113A-61. Approval of plans; review applicant's prior compliance with environmental protection measures.
(a)	Each local government's erosion and sediment control program shall require that for those land-disturbing activities requiring prior approval of an erosion control plan, such plan shall be submitted to the appropriate soil and water conservation district at the same time it is submitted to the local government for approval. The soil and water conservation district or districts, within 20 days after receipt of the proposed plan, or within such additional time as may be prescribed by the local government, shall review the plan and submit its comments and recommendations to the local government. Failure of the soil and water conservation district to submit its comments and recommendations within 20 days or within the prescribed additional time shall not delay final action on the proposed plan by the local government.
(a1)	Each local government's erosion and sediment control program shall also require that an applicant submitting an erosion control plan satisfy the Commission or local government, as appropriate, that the applicant, or any parent or subsidiary corporation if the applicant is a corporation:
(1)	Is financially qualified to carry out the activity for which the erosion and sedimentation control plan is submitted; and
(2)	Has substantially complied with the erosion and sedimentation control practices applicable to any activity in which the applicant has previously engaged, and has been in substantial compliance with other federal and State laws, regulations, and rules for the protection of the environment.
(b)	Local governments shall review each erosion control plan submitted to them and within 30 days of receipt thereof shall notify the person submitting the plan that it has been approved, approved with modifications, or disapproved. A local government shall only approve a plan upon determining that it complies with all applicable State and local regulations for erosion and sediment control.
(c)	The disapproval or modification of any proposed erosion control plan by a local government shall entitle the person submitting the plan to a public hearing if such person submits written demand for a hearing within 15 days after receipt of written notice of the disapproval or modification. The hearings shall be conducted pursuant to procedures adopted by the local government. If the local government upholds the disapproval or modification of a proposed erosion control plan following the public hearing, the person submitting the erosion control plan shall be entitled to appeal the local government's action disapproving or modifying the plan to the Commission. The Commission, by regulation, shall direct the Secretary to appoint such employees of the Department as may be necessary to hear appeals from the disapproval or modification of erosion control plans by local governments. In addition to providing for the appeal of local government decisions disapproving or modifying erosion control plans to designated employees of the Department, the Commission shall designate an erosion control plan review committee consisting of three members of the Commission. The person submitting the erosion control plan may appeal the decision of an employee of the Department who has heard an appeal of a local government action disapproving or modifying an erosion control plan to the erosion plan review committee of the Commission. Judicial review of the final action of the erosion plan review committee of the Commission may be had in the superior court of the county in which the local government is situated.
(d)	With respect to approved plans for erosion control in connection with land-disturbing activities, the approving authority, either the Commission or a local government, shall provide for periodic inspections of the land-disturbing activity to insure compliance with the approved plan, and to determine whether the measures required in the plan are effective in controlling erosion and sediment resulting from the land-disturbing activities. Notice of such right of inspection shall be included in the certificate of approval for the plan. If the approving authority determines that the person engaged in the land-disturbing activities has failed to comply with the plan, the authority shall immediately serve upon that person by registered mail a notice to comply. The notice shall set forth the measures needed to come into compliance with the plan and shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activities fails to comply within the time specified, he shall be deemed in violation of this Article.”
Sec. 3.  This act is effective upon ratification and shall apply to any erosion control plan submitted after the date of ratification.