(1) Any person who violates any of the provisions of thisArticle or any ordinance, rule, or order adopted or issued pursuant to thisArticle by the Commission or by a local government, or who initiates or continuesa land‑disturbing activity for which an erosion and sedimentation controlplan is required except in accordance with the terms, conditions, andprovisions of an approved plan, is subject to a civil penalty. The maximumcivil penalty for a violation is five thousand dollars ($5,000). A civilpenalty may be assessed from the date of the violation. Each day of acontinuing violation shall constitute a separate violation.
(2) The Secretary or a local government that administers anerosion and sedimentation control program approved under G.S. 113A‑60shall determine the amount of the civil penalty and shall notify the person whois assessed the civil penalty of the amount of the penalty and the reason forassessing the penalty. The notice of assessment shall be served by any meansauthorized under G.S. 1A‑1, Rule 4, and shall direct the violator toeither pay the assessment or contest the assessment within 30 days by filing apetition for a contested case under Article 3 of Chapter 150B of the GeneralStatutes. If a violator does not pay a civil penalty assessed by the Secretarywithin 30 days after it is due, the Department shall request the AttorneyGeneral to institute a civil action to recover the amount of the assessment. Ifa violator does not pay a civil penalty assessed by a local government within30 days after it is due, the local government may institute a civil action torecover the amount of the assessment. The civil action may be brought in thesuperior court of any county where the violation occurred or the violator'sresidence or principal place of business is located. A civil action must befiled within three years of the date the assessment was due. An assessment thatis not contested is due when the violator is served with a notice of assessment.An assessment that is contested is due at the conclusion of the administrativeand judicial review of the assessment.
(3) In determining the amount of the penalty, the Secretaryshall consider the degree and extent of harm caused by the violation, the costof rectifying the damage, the amount of money the violator saved bynoncompliance, whether the violation was committed willfully and the priorrecord of the violator in complying or failing to comply with this Article.
(4) Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 776, s.11.
(5) The clear proceeds of civil penalties collected by theDepartment or other State agency under this subsection shall be remitted to theCivil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.Civil penalties collected by a local government under this subsection shall becredited to the general fund of the local government as nontax revenue.
(b) Criminal Penalties. Any person who knowingly or willfullyviolates any provision of this Article or any ordinance, rule, regulation, ororder duly adopted or issued by the Commission or a local government, or whoknowingly or willfully initiates or continues a land‑disturbing activityfor which an erosion and sedimentation control plan is required, except in accordancewith the terms, conditions, and provisions of an approved plan, shall be guiltyof a Class 2 misdemeanor that may include a fine not to exceed five thousanddollars ($5,000). (1973, c. 392, s. 15;1977, c. 852; 1987, c. 246, s. 3; 1987 (Reg. Sess., 1988), c. 1000, s. 5; 1989,c. 676, s. 6; 1991, c. 412, s. 2; c. 725, s. 5; 1993, c. 539, s. 873; 1994, Ex.Sess., c. 24, s. 14(c); 1993 (Reg. Sess., 1994), c. 776, s. 11; 1998‑215,s. 52; 1999‑379, s. 4; 2002‑165, s. 2.12.)
(1) Any person who violates any of the provisions of thisArticle or any ordinance, rule, or order adopted or issued pursuant to thisArticle by the Commission or by a local government, or who initiates or continuesa land‑disturbing activity for which an erosion and sedimentation controlplan is required except in accordance with the terms, conditions, andprovisions of an approved plan, is subject to a civil penalty. The maximumcivil penalty for a violation is five thousand dollars ($5,000). A civilpenalty may be assessed from the date of the violation. Each day of acontinuing violation shall constitute a separate violation.
(2) The Secretary or a local government that administers anerosion and sedimentation control program approved under G.S. 113A‑60shall determine the amount of the civil penalty and shall notify the person whois assessed the civil penalty of the amount of the penalty and the reason forassessing the penalty. The notice of assessment shall be served by any meansauthorized under G.S. 1A‑1, Rule 4, and shall direct the violator toeither pay the assessment or contest the assessment within 30 days by filing apetition for a contested case under Article 3 of Chapter 150B of the GeneralStatutes. If a violator does not pay a civil penalty assessed by the Secretarywithin 30 days after it is due, the Department shall request the AttorneyGeneral to institute a civil action to recover the amount of the assessment. Ifa violator does not pay a civil penalty assessed by a local government within30 days after it is due, the local government may institute a civil action torecover the amount of the assessment. The civil action may be brought in thesuperior court of any county where the violation occurred or the violator'sresidence or principal place of business is located. A civil action must befiled within three years of the date the assessment was due. An assessment thatis not contested is due when the violator is served with a notice of assessment.An assessment that is contested is due at the conclusion of the administrativeand judicial review of the assessment.
(3) In determining the amount of the penalty, the Secretaryshall consider the degree and extent of harm caused by the violation, the costof rectifying the damage, the amount of money the violator saved bynoncompliance, whether the violation was committed willfully and the priorrecord of the violator in complying or failing to comply with this Article.
(4) Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 776, s.11.
(5) The clear proceeds of civil penalties collected by theDepartment or other State agency under this subsection shall be remitted to theCivil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.Civil penalties collected by a local government under this subsection shall becredited to the general fund of the local government as nontax revenue.
(b) Criminal Penalties. Any person who knowingly or willfullyviolates any provision of this Article or any ordinance, rule, regulation, ororder duly adopted or issued by the Commission or a local government, or whoknowingly or willfully initiates or continues a land‑disturbing activityfor which an erosion and sedimentation control plan is required, except in accordancewith the terms, conditions, and provisions of an approved plan, shall be guiltyof a Class 2 misdemeanor that may include a fine not to exceed five thousanddollars ($5,000). (1973, c. 392, s. 15;1977, c. 852; 1987, c. 246, s. 3; 1987 (Reg. Sess., 1988), c. 1000, s. 5; 1989,c. 676, s. 6; 1991, c. 412, s. 2; c. 725, s. 5; 1993, c. 539, s. 873; 1994, Ex.Sess., c. 24, s. 14(c); 1993 (Reg. Sess., 1994), c. 776, s. 11; 1998‑215,s. 52; 1999‑379, s. 4; 2002‑165, s. 2.12.)
(1) Any person who violates any of the provisions of thisArticle or any ordinance, rule, or order adopted or issued pursuant to thisArticle by the Commission or by a local government, or who initiates or continuesa land‑disturbing activity for which an erosion and sedimentation controlplan is required except in accordance with the terms, conditions, andprovisions of an approved plan, is subject to a civil penalty. The maximumcivil penalty for a violation is five thousand dollars ($5,000). A civilpenalty may be assessed from the date of the violation. Each day of acontinuing violation shall constitute a separate violation.
(2) The Secretary or a local government that administers anerosion and sedimentation control program approved under G.S. 113A‑60shall determine the amount of the civil penalty and shall notify the person whois assessed the civil penalty of the amount of the penalty and the reason forassessing the penalty. The notice of assessment shall be served by any meansauthorized under G.S. 1A‑1, Rule 4, and shall direct the violator toeither pay the assessment or contest the assessment within 30 days by filing apetition for a contested case under Article 3 of Chapter 150B of the GeneralStatutes. If a violator does not pay a civil penalty assessed by the Secretarywithin 30 days after it is due, the Department shall request the AttorneyGeneral to institute a civil action to recover the amount of the assessment. Ifa violator does not pay a civil penalty assessed by a local government within30 days after it is due, the local government may institute a civil action torecover the amount of the assessment. The civil action may be brought in thesuperior court of any county where the violation occurred or the violator'sresidence or principal place of business is located. A civil action must befiled within three years of the date the assessment was due. An assessment thatis not contested is due when the violator is served with a notice of assessment.An assessment that is contested is due at the conclusion of the administrativeand judicial review of the assessment.
(3) In determining the amount of the penalty, the Secretaryshall consider the degree and extent of harm caused by the violation, the costof rectifying the damage, the amount of money the violator saved bynoncompliance, whether the violation was committed willfully and the priorrecord of the violator in complying or failing to comply with this Article.
(4) Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 776, s.11.
(5) The clear proceeds of civil penalties collected by theDepartment or other State agency under this subsection shall be remitted to theCivil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.Civil penalties collected by a local government under this subsection shall becredited to the general fund of the local government as nontax revenue.
(b) Criminal Penalties. Any person who knowingly or willfullyviolates any provision of this Article or any ordinance, rule, regulation, ororder duly adopted or issued by the Commission or a local government, or whoknowingly or willfully initiates or continues a land‑disturbing activityfor which an erosion and sedimentation control plan is required, except in accordancewith the terms, conditions, and provisions of an approved plan, shall be guiltyof a Class 2 misdemeanor that may include a fine not to exceed five thousanddollars ($5,000). (1973, c. 392, s. 15;1977, c. 852; 1987, c. 246, s. 3; 1987 (Reg. Sess., 1988), c. 1000, s. 5; 1989,c. 676, s. 6; 1991, c. 412, s. 2; c. 725, s. 5; 1993, c. 539, s. 873; 1994, Ex.Sess., c. 24, s. 14(c); 1993 (Reg. Sess., 1994), c. 776, s. 11; 1998‑215,s. 52; 1999‑379, s. 4; 2002‑165, s. 2.12.)
