The Secretary or a local government that administers a local erosion and sedimentation control program approved under G.S. 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 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 Article.
N.C. Gen. Stat. § 113A-64.1
Restoration of areas affected by failure to comply
Known as the Sedimentation Pollution Control Act
The act spans §§ 113A-50 to 113A-67 (26 sections).
Applied in 2 court decisions — leading case 191 N.C. App. 600 - Durham County v. Graham (2008)
Most recently applied in 219 N.C. App. 462 - Applewood Properties, LLC v. New South Properties, LLC (March 2012)
1993 (Reg
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.