(a)  The notice of violation shall describe the violation with reasonable  particularity, 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, shall specify a time period for compliance, and shall 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 by any means authorized under G.S. 1A-1, Rule 4.


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

Authority G.S. 113A-54; 113A-61.1; 113A-64; 113A-65.1; 143B-10;

Eff. February 1, 1976;

Amended Eff. August 1, 2000; October 1, 1995; April 1, 1992; May 1, 1990; November 1, 1984;

Temporary Amendment Eff. August 1, 2000;

Amended Eff. April 1, 2001.