GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	1 

HOUSE BILL 1261

Short Title:  Erosion Control/Violation Notice.	(Public)
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Sponsors: Representatives Colton, Payne, Nesbitt, N. Crawford, Greenwood, 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 AMEND THE NOTICE REQUIRED FOR THE IMPOSITION OF A CIVIL PENALTY AGAINST A PERSON IN VIOLATION OF THE SEDIMENTATION POLLUTION CONTROL ACT.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 113A-61(d) reads as rewritten:
	"(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 identify the violation committed under this Article, set forth the measures needed to come into compliance with the plan, state the amount of the proposed civil penalty, and set forth the opportunity to appeal the proposed penalty as provided under this Article."
Sec. 2.  G.S. 113A-64(a) reads as rewritten:
	"(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 control plan is required except in accordance with the terms, conditions, and provisions of an approved plan, shall be subject to a civil penalty of not more than one hundred dollars ($100.00), except that the penalty for failure to submit an erosion control plan shall be as provided in subdivision (3) of this subsection.  Each day of a continuing violation shall constitute a separate violation.
(2)	The Secretary, for violations under the Commission's jurisdiction, or the governing body of any local government having jurisdiction, shall determine the amount of the civil penalty to be assessed under G.S. 113A-64(a) and shall make written demand for payment upon the person responsible for the violation, and shall set forth in detail the violation for which the penalty has been invoked.  If payment is not received or equitable settlement reached within 30 days after demand for payment is made, the Secretary shall refer the matter to the Attorney General for the institution of a civil action in the name of the State in the superior court of the county in which the violation is alleged to have occurred to recover the amount of the penalty, and local governments shall refer such matters to their respective attorneys for the institution of a civil action in the name of the local government in the appropriate division of the General Court of Justice of the county in which the violation is alleged to have occurred for recovery of the penalty.  Any sums recovered shall be used to carry out the purposes and requirements of this Article.
(3)	In determining the amount of the penalty, the Secretary shall consider the degree and extent of harm caused by the violation, the cost of rectifying the damage, the amount of money the violator saved by his noncompliance, whether the violation was committed willfully, and the prior record of the violator in complying or failing to comply with this Article.
(4)	Any person who fails to submit an erosion control plan for approval by the Commission pursuant to G.S. 113A-54(d)(4) or by a local government pursuant to G.S. 113A-61 shall be subject to a single, noncontinuing civil penalty of not more than one thousand dollars ($1,000).  Any penalty which is recovered pursuant to this subdivision shall be deposited in the General Fund.  Any person who is subject to a civil penalty under this subdivision may be subject to additional civil penalties for violation of any other provision of this Article or any ordinance, rule, or order adopted or issued pursuant to this Article by the Commission or a local government."
Sec. 3.  This act is effective upon ratification.