North Carolina General Statutes 113A-64.1. Restoration of areas affected by failure to comply
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Terms Used In North Carolina General Statutes 113A-64.1
- Erosion: means the wearing away of land surface by the action of wind, water, gravity, or any combination thereof. See North Carolina General Statutes 113A-52
- Land-disturbing activity: means any use of the land by any person in residential, industrial, educational, institutional or commercial development, highway and road construction and maintenance that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. See North Carolina General Statutes 113A-52
- Local government: means any county, incorporated village, town, or city, or any combination of counties, incorporated villages, towns, and cities, acting through a joint program pursuant to the provisions of this Article. See North Carolina General Statutes 113A-52
- Person: means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. See North Carolina General Statutes 113A-52
- Secretary: means the Secretary of Environmental Quality. See North Carolina General Statutes 113A-52
- Sediment: means solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin. See North Carolina General Statutes 113A-52
The Secretary or a local government that administers a local erosion and sedimentation control program approved under N.C. Gen. Stat. § 113A-60 may require a person who engaged in a land-disturbing activity and failed to retain sediment generated by the activity, as required by N.C. Gen. Stat. § 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 Article. (1993 (Reg. Sess., 1994), c. 776, s. 12; 2002-165, s. 2.13.)