GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	1 

HOUSE BILL 2093

Short Title:  Erosion Control Plan/Penalty Fees.	(Public)
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Sponsors: Representative Beall.
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Referred to:  Basic Resources.
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May 24, 1990

A BILL TO BE ENTITLED
AN ACT TO ALLOW ANY LOCAL GOVERNMENT WHICH HAS ESTABLISHED AN EROSION AND SEDIMENT CONTROL PLAN APPROVED BY THE NORTH CAROLINA SEDIMENTATION CONTROL COMMISSION TO RECEIVE THE PENALTY FEES IMPOSED FOR FAILURE TO SUBMIT AN EROSION CONTROL PLAN.
The General Assembly of North Carolina enacts:
Section 1.  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.  No penalty shall be assessed until the person alleged to be in violation has been notified of the violation.  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 for failure to submit an erosion control plan for approval by the Commission pursuant to G.S. 113A-54(d)(4) shall be deposited in the General Fund.  Any penalty which is recovered for failure to submit an erosion control plan for approval by a local government pursuant to G.S. 113A-61 shall be paid to the local government.  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. 2.  This act shall become effective July 1, 1990.¨