2009 North Carolina Code
Chapter 113A - Pollution Control and Environment.
§ 113A-61.1. Inspection of land-disturbing activity; notice of violation.
§ 113A‑61.1. Inspection of land‑disturbing activity; notice of violation.
(a) The Commission, a local government that administers an erosion and sedimentation control program approved under G.S. 113A‑60, or other approving authority shall provide for inspection of land‑disturbing activities to ensure compliance with this Article and to determine whether the measures required in an erosion and sedimentation control plan are effective in controlling erosion and sedimentation resulting from the land‑disturbing activity. Notice of this right of inspection shall be included in the certificate of approval of each erosion and sedimentation control plan.
(b) No person shall willfully resist, delay, or obstruct an authorized representative of the Commission, an authorized representative of a local government, or an employee or an agent of the Department while the representative, employee, or agent is inspecting or attempting to inspect a land‑disturbing activity under this section.
(c) If the Secretary, a local government that administers an erosion and sedimentation control program approved under G.S. 113A‑60, or other approving authority determines that the person engaged in the land‑disturbing activity has failed to comply with this Article, the Secretary, local government, or other approving authority shall immediately serve a notice of violation upon that person. The notice may be served by any means authorized under G.S. 1A‑1, Rule 4. A notice of violation shall specify a date by which the person must comply with this Article and inform the person of the actions that need to be taken to comply with this Article. Any person who fails to comply within the time specified is subject to additional civil and criminal penalties for a continuing violation as provided in G.S. 113A‑64. (1989, c. 676, s. 5; 1993 (Reg. Sess., 1994), c. 776, s. 10; 1999‑379, s. 6; 2002‑165, s. 2.10.)
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