15A NCAC 04C .0107      PROCEDURES: NOTICES

(a)  The notice of violation shall describe the violation, request that all illegal activity cease, and inform the violator that a civil penalty may be assessed pursuant to G.S. 113A-64. If particular actions need to be taken to comply with the Sedimentation Pollution Control Act, the notice shall specify the actions to be taken, specify a time period for compliance, and state that upon failure to comply within the allotted time, the person shall become subject to the assessment of a civil penalty for each day of the continuing violation beginning with the date of the violation.

(b)  The stop-work order provided in G.S. 113A-65.1 shall serve as the notice of violation for purposes of the assessment of a civil penalty pursuant to G.S. 113A-64(a)(1). Copies of the stop-work order shall be served upon persons the Department has reason to believe may be responsible for the violation pursuant to G.S. 1A-1, Rule 4.

History Note:        Authority G.S. 113A-54; 113A-61.1; 113A-64; 113A-65.1;

Eff. February 1, 1976;

Amended Eff. May 1, 1990; November 1, 1984;

Temporary Amendment Eff. January 14, 1992 for a period of 180 days to expire on July 11, 1992;

Amended Eff. August 1, 2000; October 1, 1995; April 1, 1992;

Temporary Amendment Eff. August 1, 2000;

Amended Eff. April 1, 2001;

Readopted Eff. April 1, 2020.