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Home My WebLink AboutORD-2000-038 Soil Erosion and Sedimentation Control Amendments 14 Amendments to the Orange County Soil Erosion and Sedimentation Control Ordinance April 14, 2000 NOTE:The underlined text will be added to the Ordinance and the struck-through text will be deleted. The amendments(with only one exception as noted)are being made so that the County Ordinance conforms to the amended Model Ordinance of the North Carolina Sedimentation Control Commission.These changes are the result of legislative changes,the State's staff enforcement experience and the recommendations of their attorneys. Section 3 Definitions Affiliate-a person that directly,or indirectly through one or more intermediaries,controls, is controlled by,or is under common control of another person. Parent-an affiliate that directly,or indirectly through one or more intermediaries,controls another person. Subsidiary-an affiliate that is directly,or indirectly through one or more intermediaries, controlled by another person. Commentary: These new definitions will be placed within the current list in alphabetical order. Section 5 Scope and Exclusions (County-wide) This Ordinance shall not L%RRly to the following land-disturbing activities: A. Agriculture Activities,including the breeding and grazing of livestock_undertaken on agricultural land for the production of plants and animals useful to man, including,but not limited to: L forages and sod crops,grains and feed crops,tobacco,cotton,and peanuts-, 2. dairy animals and dairy products-, 3. poultry and poultry products, 4. livestock, including beef cattle,sheep,swine,horses.Ronies,mules or goats, including the breeding and grazing of any or all such animals, 5. bees and apiary products, 6. fur animals. B. Forestland Activities undertaken on forestland for the production and harvesting of timber and timber products and conducted in accordance with best management practices set out in Forest Practice Guidelines Related to Water Quality(I I neat prtastiee as adopted by the Department.If land-disturbing activity undertaken on forestland for the production and harvesting of timber and timber products is not conducted in accordance with Forest Practice Guidelines Related to Water Quality,the provisions of this ordinance shall apply to such activity and any related land-disturbing activity on the tract. C. Mining Arativities wideAakeF�by per-seas as defined in G.S.11 3A 52(8)Whe are e A4 thr_eUgh G.S. pr-evisieasefg.9.7. 74 68,the Mining Art of 1971.Activities for which a permit is CAMy Documents\ECFORMS\WENDS2000.doc 15 required under the Mining Act of 1971,Article 7 of Chapter 74 of the General statues. Commentary. The changesIbove will be made in this Section to conform to amendments to the Model Ordinance. Section 17 Permits C. Gr-adifig Land-Disturbing Permit Before starting a land-disturbing activity greater than 20,000 square feet,the owner or his agent shall obtain a Grading Land-Disturbing Permit from the Erosion Control Officer.Erosion Control Plans must be approved before a Gmding Land-Disturbing Permit will be issued;Offing Land-Disturbing Permits may be obtained when the Plan is approved or prior to the start of the land disturbance. Commentary: This text change will occur throughout the Ordinance. The purpose of this change is to clarify that the Permit is to be obtained before any land-disturbing activity. D. Expiration of Permits Plan Approvals - The County may establish an expiration date for erosion control plans approved under this Ordinance. Erosion Control Plan Approvals expire eighteen months ene year-after the approval date unless the land disturbance is started as defined below. Commentary: The text will be added to conform to the Model.Staff is proposing that the time period of expiration be extended to give reasonable time for applicant to obtain all approvals and permits necessary to construct the project, which can take considerable time in Carrhoro and Chapel Hill.A year is not long enough. Section 18 Erosion and Sedimentation Control Plans A. Plan Requirement An Erosion Control Plan shall be prepared for all land-disturbing activities subject to this Ordinance whenever the proposed activity is to be undertaken on a tract comprising more than 20,000 square feet if more than 20,000 square feet are to be uncovered.Three(3)copies of the Plan shall be filed with the Erosion Control Officer,one coav- of which will be_s_imultaneously forwarded to the Orange Soil and Water Conservation District,at least 30 days prior to the commencement of the proposed activity. One copy of the Plan must be forwarded to the Director of the NC Division of Water Quality for ga land-disturbing activity that involves the utilization of ditches for the purpose of de-watering,or lowering the water table. B. Review by the Soil&Water Conservation District The Orange Soil and Water Conservation District,within 20 days ef rveeipt of-my plan,er. Sque-h. additional time as may be pr-essfibed by the Beaf-I Af.GeamiqsieneFs of Qfaage GeuFA5-, shall review such plan and submit its any comments and recommendations to the Erosion Control Officer within 20 days after the Soil and Water Conservation District received the erosion control plan,or within any shorter period of time as may be agreed upon by the District and the County.Failure of the District to submit its comments and recommendations to the Erosion Control Officer within the pr-esear-ibed 20 days or any agreed-upon shorter period of time wi4 shall not delay final action on the plan. CAMy Documents\ECFORMS\AMENDS2000.doc 2. 16 C. Review and Response to Plans The Erosion Control Officer will review each complete plan submitted and within 30 days of receipt thereof will notify the person submitting the plan that it has been approved,approved with modifications, approved with conditions, approved with performance reservations,or disapproved.Examples of conditions of approval are,but not limited to: channel stabilization must be successful or another type of lining must be used;delineating certain areas to be graded and stabilized within a specified number of days to reduce the potential for erosion and protect critical areas;providing a performance security to provide permanent ground cover;and requiring the person financially responsible to retain the services of a professional engineer or architect to supervise implementation of the approved erosion control plan. Deadline for Reviewing Plan Failure to approve,approve with conditions,approve with modifications or disapprove a complete erosion and sedimentation control plan within 30 days of receipt of the complete plan shall be deemed approval.Disapproval Denial of a plan must specifically state in writing the reasons for disapproval denial.The County must approve,approve with conditions, approve with modifications or deny disapprove 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 County determines that the plan is inadequate to meet the requirements of this Ordinance,the County may require sash-Fevisiens any revision of the,plan as-afe that is necessary to comply with this Ordinance.Failure to approve, approve with conditions approve with modifications or disapprove a revised erosion control plan within 15 days of receipt shall be deemed approval of the plan G. Review of Other Environmental Documents Any plan submitted for a land-disturbing activity for which an environmental document(either an assessment or impact statement)is required by the North Carolina Environmental Policy Act(G.S. 113A-1,et seq.)shall be deemed incomplete until a complete environmental document is available for review.The County shall promptly notify the person submitting the plan that the 30 day time limit for review of the plan pursuant to Section 18(C)of this Ordinance shall not begin until a complete environmental document is available for review. The approval of the erosion control plan is conditioned on the applicant's compliance with Federal and State Water Quality laws,regulations,and rules. H. Consideration of Applicants Past Performance Orange County may disapprove An Erosion Control Plan m%,be disappFeved upon a finding that an applicant, :or a12arent, subsidiary. or other affiliate of the applicant: 2. has failed to pay a civil penalty assessed pursuant to the Act or a local ordinance adopted pursuant to the Act ;by the time the payment is due. Commentary. The changes above will be made in this Section to conform to amendments to the Model Ordinance. Section 21 Inspections and Investigations A. Site Inspections CAMy Documents lECFORMS\AMENDS2000.doc 3 17 Agents,officials,or other qualified persons authorized.by the County will periodically inspect the-:4es ef land distur-bing araiv land-disturbing activities to determ�re ensure:compliance with the Act,this ordinance,or rules or orders adopted or issued pursuant to this ordinance;whetheF the aetivity is being senduated in aeser-danee-A!4 an appfeved plan; and whether the measures required in the plan are effective in controlling erosion and sediment resulting from land-disturbing activity. Notice of the right to inspect shall be included in the letter of approval of each erosion control fietif-iA-_Ahie plan appF9,val BO. Authority to Enter Property and Conduct Investigations and Inspections No person shall willfully resist, delav,p)r obstruct an authorized representative, employee:or agent of Orange County,while that person is inspecting or attempting to inspect a land-disturbing activity under this section.The Erosion Control Officer shall have the power to conduct such investigations as he fa", masenably deem deemed reasonably necessary to carry out his the duties as prescribed in this Ordinance, and for this purpose to enter at reasonable times upon any property,public or private, for the purpose of investigating and inspecting the sites of any land-disturbing activities.No person shall refuse entry or access to any authorized representative or agent of the county who request entry for purposes of inspection,and who presents appropriate credentials,nor shall any person obstruct,hamper or interfere with any such representative while in the process of carrying out his their official duties. RC. Notice of Violation If eugh inspeetien,it is determined that a person engaged in land-disturbing activity has failed to comply with the Act,this Ordinance,or rules,or orders adopted or issued pursuant to this Ordinance,eF has failed to semply with the appr-eved plan,a notice of violation shall be served upon that person. The notice may be served by any means authorized under G.S. 1A-1,rule 4.by r-egisteFed er.raeFtified m r-etum Feeeipt Fequested,er-ether-means r-easenably ealealated to give aetual a The notice shall specify a date by which the person must comply with the Act,or this Ordinance or rules,or orders adopted pursuant to this Ordinance, and inform the person of the actions that need to be taken to comply with the Act,this Ordinance,or rules or orders adopted pursuant to this Ordinance.set fefth the measor-es nesessafy te a6hieve raemplianse-AQh the plan, spersify a r-easenable tifne per-ied withia whish sush Ineasufts Hmst be Gempleted,and-A%M"failure to aeffee4 the vielatieftwitLim 4a*i1ne per-ied will Fesult in the assessment 99 a eivil penaky eF ether-eafereement 6raien.However,no time period for compliance need be given for failure to submit an erosion control plan for approval or for obstructing, hampering or interfering with an authorized representative while in the process of carrying out their official duties.Any.person who fails to comply within the time specified is subiect to the civil and criminal penalties provided in this Ordinance.if the per-sea eagaged in land dis4uAifig arativity fail semply withiR the time speelfled, eafemefneM astion shall be iflifiated-. uF�xnxTv - 1-1; t—h-e- event sefviee eannet be aeeemplished by mgister-ed 9F seffified mail,it may be aseemplished in my fawm@F pf:evided in nile(4N of the NeAh Gafelina Rules Af-Civil PrReAdUre. Commentary: The following 3 subsections in this Section will be relettered to account far the added subsection. Section 22 Penalties A. Civil Penalties 1. Assessment of Penalties Any person who violates any of the provisions of this Ordinance or rules or orders adopted or issued pursuant to this Ordinance,or who initiates or continues a land-disturbing activity for CAMy Documents\ECFORMS\AMENDS2000.doc 4__ 18 which an erosion control plan is required except in accordance with the terms,conditions,and provisions of an approved plan, is subject to a civil penalty.The maximum civil penalty for a violation is five thousand dollars($5,000)per day. A civil penalty may be assessed from the date the violation is detected if the deadline stated in the Notice of Violation is not met.A one-time civil penalty of five thousand dollars($5000)may be assessed for the day the violation is first detected However,no time period for compliance need be given for failure to submit an Erosion Control Plan for approval or for obstructing, hampering,or interfering with an authorized representative while in the process of carrying out his official duties.Each day of a continuing violation shall constitute a separate violation under Section 22(A)(1). 2. Demand for Payment of Penalty The Orange County Board of Commissioners shall make notify the person who is assessed the ' civil penalty of the amount of the penalty and the reason for assessing the penalty "itten d----A P--r -espensible for-the viela4ien,and shall set Aith in detail-& deser-iptien penalty Z1Z-1"QIiVR- Ile notice of assessment shall be served by any eans authorized under Section 21C of this Ordinance, and shall direct the violator to either pale assessment or contest the assessment within 30 days after receipt of the notice of assessment by written demand for a hearing. If payment is not received within 30 days after demand for payment is made,the County or town mgy institute a civil action to recover the amount of the assessment.The civil action may be brought in the Superior Court of the cou=where the violation occurred,of the violator's residence or principal place of business is located meter. penalty Such civil actions must be filed within three(3)years of the date the assessment was due.An assessment that is 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 administrative and judicial review of the assessment. Penalty-soi-c aixcre-^cv csscrt:a-rcim grvsarora Gviruvzx7urr shall be subjeat to a singleD nen eentinuing aMl penalty efene thousand dellafs($1,000).Any d er-issued pursuant to this Or-dinanes by Orange County.- Commentary. This penalty is deleted. The penalty of,$500 a day until the violation is corrected can be used instead. 34. Use of Penalties Civil penalties collected pursuant to this Ordinance shall be credited to the general fund of the local government as nontax revenue. G.S. Section 23 Injunctive Relief B. Order to Cease Violation Upon determination by a court that an alleged violation is occurring or is threatened,the court 4 shall CAMy Documents\ECFORMS\AMENDS2000.doc 5 _ 19 enter any order or iudgement that is necessary to abate the violation,to ensure that restoration is performed, or to prevent the threatened violation.The institution of an action . for injunctive relief under this section shall not relieve any party to suet}the proceedings from any civil or criminal penalty prescril ed for violations of this Ordinance. Section 24 Restoration of Areas Affected by Failure to Comply The County 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 waters and land affected by the failure so'as to minimize the detrimental effects of the resulting_pollution by sedimentation This authority is in addition to any other civil or criminal penalty or injunctive relief authorized under this Ordinance. Commentary: This section is added to require the restoration of areas damaged by the failure to 'contain sediment on the site of a land-disturbing activity. The remaining 3 sections will be renumbered to account for the addition of Section 24 above. CAMy Documents\ECFORMS\AMENDS2000.doc 6