reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 1 - Environmental Policy Act. › § 113A-2 - Purposes.

§ 113A-2. Purposes.
The purposes of this Article are: to declare a State policy which will encourage the wise, productive, and beneficial use of the natural resources of the State without damage to the environment, maintain a healthy and pleasant environment, and preserve the natural beauty of the State; to encourage an educational program which will create a public awareness of our environment and its related programs; to require agencies of the State to consider and report upon environmental aspects and consequences of their actions involving the expenditure of public moneys or use of public land; and to provide means to implement these purposes. (1971, c. 1203, s. 2; 1991 (Reg. Sess., 1992), c. 945, s. 1.)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 1 - Environmental Policy Act. › § 113A-3 - Declaration of State environmental policy.

§ 113A-3. Declaration of State environmental policy.
The General Assembly of North Carolina, recognizing the profound influence of man's activity on the natural environment, and desiring, in its role as trustee for future generations, to assure that an environment of high quality will be maintained for the health and well-being of all, declares that it shall be the continuing policy of the State of North Carolina to conserve and protect its natural resources and to create and maintain conditions under which man and nature can exist in productive harmony. Further, it shall be the policy of the State to seek, for all of its citizens, safe, healthful, productive and aesthetically pleasing surroundings; to attain the widest range of beneficial uses of the environment without degradation, risk to health or safety; and to preserve the important historic and cultural elements of our common inheritance. (1971, c. 1203, s. 3.)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 1 - Environmental Policy Act. › § 113A-5 - Review of agency actions involving major adverse changes or conflicts.

§ 113A-5. Review of agency actions involving major adverse changes or conflicts.
Whenever, in the judgment of the responsible State official, the information obtained in preparing the statement indicates that a major adverse change in the environment, or conflicts concerning alternative uses of available natural resources, would result from a specific program, project or action, and that an appropriate alternative cannot be developed, such information shall be presented to the Governor for review and final decision by him or by such agency as he may designate, in the exercise of the powers of the Governor. (1971, c. 1203, s. 5.)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 1 - Environmental Policy Act. › § 113A-6 - Conformity of administrative procedures to State environmental policy.

§ 113A-6. Conformity of administrative procedures to State environmental policy.
All agencies of the State shall periodically review their statutory authority, administrative rules, and current policies and procedures for the purpose of determining whether there are any deficiencies or inconsistencies therein which prohibit or hinder full compliance with the purposes and provisions of this Article and shall propose to the Governor such measures as may be necessary to bring their authority, rules, policies and procedures into conformity with the intent, purposes and procedures set forth in this Article. (1971, c. 1203, s. 6; 1987, c. 827, s. 126.)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 1 - Environmental Policy Act. › § 113A-7 - Other statutory obligations of agencies.

§ 113A-7. Other statutory obligations of agencies.
Nothing in this Article shall in any way affect nor detract from specific statutory obligations of any State agency
(1) To comply with criteria or standards of environmental quality or to perform other statutory obligations imposed upon it,
(2) To coordinate or consult with any other State agency or federal agency, or
(3) To act, or refrain from acting contingent upon the recommendations or certification of any other State agency or federal agency. (1971, c. 1203, s. 7.)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 1 - Environmental Policy Act. › § 113A-8 - Major development projects.

§ 113A-8. Major development projects.
(a) The governing bodies of all cities, counties, and towns acting individually, or collectively, may by ordinance require any special-purpose unit of government or private developer of a major development project to submit detailed statements, as defined in G.S. 113A-4(2), of the impact of such projects for consideration by those governing bodies in matters within their jurisdiction. Any such ordinance may not be designed to apply to only a particular major development project, and shall be applied consistently.
(b) Any ordinance adopted pursuant to this section shall exempt those major development projects for which a detailed statement of the environmental impact of the project or a functionally equivalent permitting process is required by federal or State law, regulation, or rule.
(c) Any ordinance adopted pursuant to this section shall establish minimum criteria to be used in determining whether a statement of environmental impact is required. A detailed statement of environmental impact may not be required for a project that does not exceed the minimum criteria and any exceptions to the minimum criteria established by the ordinance.
(d) Any ordinance adopted pursuant to this section shall exempt from its requirements the certain cases for which an environmental document is not required as set forth in G.S. 113A-12. (1971, c. 1203, s. 8; 1991, c. 431, s. 3; 2014-90, s. 5.)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 1 - Environmental Policy Act. › § 113A-8.1 - Surface water transfers.

§ 113A-8.1. Surface water transfers.
An environmental assessment shall be prepared for any transfer for which a petition is filed in accordance with G.S. 143-215.22L. The determination of whether an environmental impact statement is needed with regard to the proposed transfer shall be made in accordance with the provisions of this Article. (1998-168, s. 6; 2007-484, s. 43.7C; 2007-518, s. 4.)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 1 - Environmental Policy Act. › § 113A-10 - Provisions supplemental.

§ 113A-10. Provisions supplemental.
The policies, obligations and provisions of this Article are supplementary to those set forth in existing authorizations of and statutory provisions applicable to State agencies and local governments. In those instances where a State agency is required to prepare an environmental document or to comment on an environmental document under provisions of federal law, no separate environmental document shall be required to be prepared or published under this Article so long as the environmental document or comment meets the provisions of this Article. (1971, c. 1203, s. 10; 1991 (Reg. Sess., 1992), c. 945, s. 4; 2015-90, s. 3.)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 1 - Environmental Policy Act. › § 113A-11 - Adoption of rules.

§ 113A-11. Adoption of rules.
(a) The Department of Administration shall adopt rules to implement this Article.
(b) Each State agency shall adopt rules that establish minimum criteria. An agency may include a particular action or class of actions in its minimum criteria only if the agency makes a specific finding that the action or class of actions has no significant long-term impact on the environment. Rules establishing minimum criteria shall be consistent with rules adopted by the Department of Administration. (1991 (Reg. Sess., 1992), c. 899, s. 1; c. 945, s. 7(b); 2015-90, s. 4.)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 1 - Environmental Policy Act. › § 113A-13 - Administrative and judicial review.

§ 113A-13. Administrative and judicial review.
The preparation of an environmental document required under this Article is intended to assist the responsible agency in determining the appropriate decision on the proposed action. An environmental document required under this Article is a necessary part of an application or other request for agency action. Administrative and judicial review of an environmental document is incidental to, and may only be undertaken in connection with, review of the agency action. No other review of an environmental document is allowed. (1991 (Reg. Sess., 1992), c. 945, ss. 5, 7(a).)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 2 - Interstate Environmental Compact. › § 113A-22 - Purpose.

§ 113A-22. Purpose.
The General Assembly of North Carolina recognizes and declares:
(1) The concern for the purity and life-giving qualities of our environment is of primary interest to every citizen of North Carolina and to all Americans.
(2) The quality of our environment depends upon the management of the air, water, and land resources upon which our lives depend.
(3) The ultimate responsibility for the health, safety, and welfare of the citizens of North Carolina rests upon the State government.
(4) The environment of every state is affected with local, state, regional, and national interests since ecological systems cross state boundaries.
(5) The discharge of this responsibility of environmental protection can be enhanced by acting in concert and cooperation with other states and with the federal government. (1971, c. 805, s. 2.)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 3 - Natural and Scenic Rivers System. › §§ 113A-30: Recodified as G.S. 143B-135.140 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

§ 113A-30: Recodified as G.S. 143B-135.140 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 3 - Natural and Scenic Rivers System. › §§ 113A-31: Recodified as G.S. 143B-135.142 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

§ 113A-31: Recodified as G.S. 143B-135.142 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 3 - Natural and Scenic Rivers System. › §§ 113A-32: Recodified as G.S. 143B-135.144 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

§ 113A-32: Recodified as G.S. 143B-135.144 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 3 - Natural and Scenic Rivers System. › §§ 113A-33: Recodified as G.S. 143B-135.146 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

§ 113A-33: Recodified as G.S. 143B-135.146 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 3 - Natural and Scenic Rivers System. › §§ 113A-34: Recodified as G.S. 143B-135.148 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

§ 113A-34: Recodified as G.S. 143B-135.148 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 3 - Natural and Scenic Rivers System. › §§ 113A-35: Recodified as G.S. 143B-135.150 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

§ 113A-35: Recodified as G.S. 143B-135.150 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 3 - Natural and Scenic Rivers System. › §§ 113A-35.1: Recodified as G.S. 143B-135.152 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

§ 113A-35.1: Recodified as G.S. 143B-135.152 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 3 - Natural and Scenic Rivers System. › §§ 113A-35.2: Recodified as G.S. 143B-135.154 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

§ 113A-35.2: Recodified as G.S. 143B-135.154 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 3 - Natural and Scenic Rivers System. › §§ 113A-36: Recodified as G.S. 143B-135.156 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

§ 113A-36: Recodified as G.S. 143B-135.156 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 3 - Natural and Scenic Rivers System. › §§ 113A-37: Recodified as G.S. 143B-135.158 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

§ 113A-37: Recodified as G.S. 143B-135.158 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 3 - Natural and Scenic Rivers System. › §§ 113A-38: Recodified as G.S. 143B-135.160 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

§ 113A-38: Recodified as G.S. 143B-135.160 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 3 - Natural and Scenic Rivers System. › §§ 113A-39: Recodified as G.S. 143B-135.162 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

§ 113A-39: Recodified as G.S. 143B-135.162 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 3 - Natural and Scenic Rivers System. › §§ 113A-40: Recodified as G.S. 143B-135.164 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

§ 113A-40: Recodified as G.S. 143B-135.164 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 3 - Natural and Scenic Rivers System. › §§ 113A-41: Recodified as G.S. 143B-135.166 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

§ 113A-41: Recodified as G.S. 143B-135.166 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 3 - Natural and Scenic Rivers System. › §§ 113A-42: Recodified as G.S. 143B-135.168 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

§ 113A-42: Recodified as G.S. 143B-135.168 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 3 - Natural and Scenic Rivers System. › §§ 113A-43: Recodified as G.S. 143B-135.170 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

§ 113A-43: Recodified as G.S. 143B-135.170 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 3 - Natural and Scenic Rivers System. › §§ 113A-44: Recodified as G.S. 143B-135.172 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

§ 113A-44: Recodified as G.S. 143B-135.172 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 4 - Sedimentation Pollution Control Act of 1973. › § 113A-50 - Short title.

§ 113A-50. Short title.
This Article shall be known as and may be cited as the "Sedimentation Pollution Control Act of 1973." (1973, c. 392, s. 1.)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 4 - Sedimentation Pollution Control Act of 1973. › § 113A-51 - Preamble.

§ 113A-51. Preamble.
The sedimentation of streams, lakes and other waters of this State constitutes a major pollution problem. Sedimentation occurs from the erosion or depositing of soil and other materials into the waters, principally from construction sites and road maintenance. The continued development of this State will result in an intensification of pollution through sedimentation unless timely and appropriate action is taken. Control of erosion and sedimentation is deemed vital to the public interest and necessary to the public health and welfare, and expenditures of funds for erosion and sedimentation control programs shall be deemed for a public purpose. It is the purpose of this Article to provide for the creation, administration, and enforcement of a program and for the adoption of minimal mandatory standards which will permit development of this State to continue with the least detrimental effects from pollution by sedimentation. In recognition of the desirability of early coordination of sedimentation control planning, it is the intention of the General Assembly that preconstruction conferences be held among the affected parties, subject to the availability of staff. (1973, c. 392, s. 2; 1975, c. 647, s. 3.)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 4 - Sedimentation Pollution Control Act of 1973. › § 113A-52.01 - Applicability of this Article.

§ 113A-52.01. Applicability of this Article.
This Article shall not apply to the following land-disturbing activities:
(1) Activities, including the production and activities relating or incidental to the production of crops, grains, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agriculture undertaken on agricultural land for the production of plants and animals useful to man, including, but not limited to:
a. Forages and sod crops, grains and feed crops, tobacco, cotton, and peanuts.
b. Dairy animals and dairy products.
c. Poultry and poultry products.
d. Livestock, including beef cattle, llamas, sheep, swine, horses, ponies, mules, and goats.
e. Bees and apiary products.
f. Fur producing animals.
g. Mulch, ornamental plants, and other horticultural products. For purposes of this section, "mulch" means substances composed primarily of plant remains or mixtures of such substances.
(2) Activities undertaken on forestland for the production and harvesting of timber and timber products and conducted in accordance with standards defined by the Forest Practice Guidelines Related to Water Quality, as adopted by the Department of Agriculture and Consumer Services.
(3) Activities for which a permit is required under the Mining Act of 1971, Article 7 of Chapter 74 of the General Statutes.
(4) For the duration of an emergency, activities essential to protect human life, including activities specified in an executive order issued under G.S. 166A-19.30(a)(5).
(5) Activities undertaken to restore the wetland functions of converted wetlands to provide compensatory mitigation to offset impacts permitted under Section 404 of the Clean Water Act.
(6) Activities undertaken pursuant to Natural Resources Conservation Service standards to restore the wetlands functions of converted wetlands as defined in Title 7 Code of Federal Regulations § 12.2 (January 1, 2014 Edition). (1993 (Reg. Sess., 1994), c. 776, s. 2; 1997-84, s. 1; 2014-100, s. 14.7(k); 2015-263, s. 19; 2016-113, s. 14; 2017-108, s. 6(a).)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 4 - Sedimentation Pollution Control Act of 1973. › § 113A-52.1 - Forest Practice Guidelines.

§ 113A-52.1. Forest Practice Guidelines.
(a) The Department of Agriculture and Consumer Services shall adopt Forest Practice Guidelines Related to Water Quality (best management practices). The adoption of Forest Practices Guidelines Related to Water Quality under this section is subject to the provisions of Chapter 150B of the General Statutes.
(b) If land-disturbing activity undertaken on forestland for the production and harvesting of timber and timber products is not conducted in accordance with Forest Practice Guidelines Related to Water Quality, the provisions of this Article shall apply to such activity and any related land-disturbing activity on the tract.
(c) The Commissioner shall establish and appoint a Forestry Technical Advisory Committee to assist in the development and periodic review of Forest Practice Guidelines Related to Water Quality. The Forestry Technical Advisory Committee shall consist of one member from the forest products industry, one member who is a consulting forester, one member who is a private landowner knowledgeable in forestry, one member from the United States Forest Service, one member from the academic community who is knowledgeable in forestry, one member employed by the Department of Environmental Quality who is knowledgeable in erosion and sedimentation control, one member who is knowledgeable in wildlife management, one member who is knowledgeable in marine fisheries management, one member who is knowledgeable in water quality, and one member from the conservation community. (1989, c. 179, s. 2; 2017-108, s. 6(b).)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 4 - Sedimentation Pollution Control Act of 1973. › § 113A-54.2 - Approval Fees.

§ 113A-54.2. Approval Fees.
(a) An application and compliance fee of one hundred dollars ($100.00) per acre of disturbed land shown on an erosion and sedimentation control plan or of land actually disturbed during the life of the project shall be charged for the review of an erosion and sedimentation control plan and related compliance activities under this Article.
(b) The Sedimentation Account is established as a nonreverting account within the Department. Fees collected under this section shall be credited to the Account and shall be applied to the costs of administering this Article.
(c) Repealed by Session Laws 1991 (Reg. Sess., 1992), c. 1039, s. 3.
(d) G.S. 113A-60 governs the authority of local programs approved pursuant to this Article to assess fees for the review of erosion and sedimentation control plans. (1989 (Reg. Sess., 1990), c. 906, s. 1; 1991 (Reg. Sess., 1992), c. 1039, s. 3; 1993 (Reg. Sess., 1994), c. 776, s. 5; 1999-379, s. 5; 2002-165, s. 2.4; 2007-323, s. 30.1(a); 2021-121, s. 5(b); 2021-180, s. 12.10A(a).)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 4 - Sedimentation Pollution Control Act of 1973. › § 113A-55 - Authority of the Secretary.

§ 113A-55. Authority of the Secretary.
The sedimentation control program developed by the Commission shall be administered by the Secretary under the direction of the Commission. To this end the Secretary shall employ the necessary clerical, technical, and administrative personnel, and assign tasks to the various divisions of the Department for the purpose of implementing this Article. The Secretary may bring enforcement actions pursuant to G.S. 113A-64 and G.S. 113A-65. The Secretary shall make final agency decisions in contested cases that arise from civil penalty assessments pursuant to G.S. 113A-64. (1973, c. 392, s. 6, c. 1417, s. 3; 1993 (Reg. Sess., 1994), c. 776, s. 6.)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 4 - Sedimentation Pollution Control Act of 1973. › § 113A-58 - Enforcement authority of the Commission.

§ 113A-58. Enforcement authority of the Commission.
In implementing the provisions of this Article the Commission is authorized and directed to:
(1) Inspect or cause to be inspected the sites of land-disturbing activities to determine whether applicable laws, regulations or erosion and sedimentation control plans are being complied with;
(2) Make requests, or delegate to the Secretary authority to make requests, of the Attorney General or solicitors for prosecutions of violations of this Article. (1973, c. 392, s. 9; 2002-165, s. 2.7.)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 4 - Sedimentation Pollution Control Act of 1973. › § 113A-59 - Educational activities.

§ 113A-59. Educational activities.
The Commission in conjunction with the soil and water conservation districts, the North Carolina Agricultural Extension Service, and other appropriate State and federal agencies shall conduct educational programs in erosion and sedimentation control, such programs to be directed towards State and local governmental officials, persons engaged in land-disturbing activities, and interested citizen groups. (1973, c. 392, s. 10.)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 4 - Sedimentation Pollution Control Act of 1973. › § 113A-62 - Cooperation with the United States.

§ 113A-62. Cooperation with the United States.
The Commission is authorized to cooperate and enter into agreements with any agency of the United States government in connection with plans for erosion and sedimentation control with respect to land-disturbing activities on lands that are under the jurisdiction of such agency. (1973, c. 392, s. 13; 2002-165, s. 2.11.)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 4 - Sedimentation Pollution Control Act of 1973. › § 113A-63 - Financial and other assistance.

§ 113A-63. Financial and other assistance.
The Commission and local governments are authorized to receive from federal, State, and other public and private sources financial, technical, and other assistance for use in accomplishing the purposes of this Article. (1973, c. 392, s. 14.)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 4 - Sedimentation Pollution Control Act of 1973. › § 113A-64.1 - Restoration of areas affected by failure to comply.

§ 113A-64.1. Restoration of areas affected by failure to comply.
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. (1993 (Reg. Sess., 1994), c. 776, s. 12; 2002-165, s. 2.13.)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 4 - Sedimentation Pollution Control Act of 1973. › § 113A-64.2 - Remission of civil penalties.

§ 113A-64.2. Remission of civil penalties.
(a) A request for remission of a civil penalty imposed under G.S. 113A-64 may be filed with the Commission within 30 days of receipt of the notice of assessment. A remission request must be accompanied by a waiver of the right to a contested case hearing pursuant to Chapter 150B of the General Statutes and a stipulation of the facts on which the assessment was based.
(b) The following factors shall be considered in determining whether a civil penalty remission request will be approved:
(1) Whether one or more of the civil penalty assessment factors in G.S. 113A-64(a)(3) were wrongly applied to the detriment of the petitioner.
(2) Whether the petitioner promptly abated continuing environmental damage resulting from the violation.
(3) Whether the violation was inadvertent or a result of an accident.
(4) Whether the petitioner had been assessed civil penalties for any previous violations.
(5) Whether payment of the civil penalty will prevent payment for necessary remedial actions or would otherwise create a significant financial hardship.
(6) The assessed property tax valuation of the petitioner's property upon which the violation occurred, excluding the value of any structures located on the property.
(c) The petitioner has the burden of providing information concerning the financial impact of a civil penalty on the petitioner and the burden of showing the petitioner's financial hardship.
(d) The Commission may remit the entire amount of the penalty only when the petitioner has not been assessed civil penalties for previous violations and payment of the civil penalty will prevent payment for necessary remedial actions.
(e) The Commission may not impose a penalty under this section that is in excess of the civil penalty imposed by the Department. (2015-241, s. 14.26(c); 2021-158, s. 5(a).)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 4 - Sedimentation Pollution Control Act of 1973. › § 113A-65 - Injunctive relief.

§ 113A-65. Injunctive relief.
(a) Violation of State Program. – Whenever the Secretary has reasonable cause to believe that any person is violating or is threatening to violate the requirements of this Article he may, either before or after the institution of any other action or proceeding authorized by this Article, institute a civil action for injunctive relief to restrain the violation or threatened violation. The action shall be brought in the superior court of the county in which the violation or threatened violation is occurring or about to occur, and shall be in the name of the State upon the relation of the Secretary.
(b) Violation of Local Program. – Whenever the governing body of a local government having jurisdiction has reasonable cause to believe that any person is violating or is threatening to violate any ordinance, rule, regulation, or order adopted or issued by the local government pursuant to this Article, or any term, condition or provision of an erosion and sedimentation control plan over which it has jurisdiction, may, either before or after the institution of any other action or proceeding authorized by this Article, institute a civil action in the name of the local government for injunctive relief to restrain the violation or threatened violation. The action shall be brought in the superior court of the county in which the violation is occurring or is threatened.
(c) Abatement, etc., of Violation. – Upon determination by a court that an alleged violation is occurring or is threatened, the court shall enter any order or judgment that is necessary to abate the violation, to ensure that restoration is performed, or to prevent the threatened violation. The institution of an action for injunctive relief under subsections (a) or (b) of this section shall not relieve any party to the proceeding from any civil or criminal penalty prescribed for violations of this Article. (1973, c. 392, s. 16; 1993 (Reg. Sess., 1994), c. 776, s. 13; 2002-165, s. 2.14.)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 4 - Sedimentation Pollution Control Act of 1973. › § 113A-66 - Civil relief.

§ 113A-66. Civil relief.
(a) Any person injured by a violation of this Article or any ordinance, rule, or order duly adopted by the Secretary or a local government, or by the initiation or continuation of a land-disturbing activity for which an erosion and sedimentation control plan is required other than in accordance with the terms, conditions, and provisions of an approved plan, may bring a civil action against the person alleged to be in violation (including the State and any local government). The action may seek any of the following:
(1) Injunctive relief.
(2) An order enforcing the law, rule, ordinance, order, or erosion and sedimentation control plan violated.
(3) Damages caused by the violation.
(4) Repealed by Session Laws 2002-165, s. 2.15, effective October 23, 2002.
If the amount of actual damages as found by the court or jury in suits brought under this subsection is five thousand dollars ($5,000) or less, the plaintiff shall be awarded costs of litigation including reasonable attorneys fees and expert witness fees.
(b) Civil actions under this section shall be brought in the superior court of the county in which the alleged violations occurred.
(c) The court, in issuing any final order in any action brought pursuant to this section may award costs of litigation (including reasonable attorney and expert-witness fees) to any party, whenever it determines that such an award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought, require, the filing of a bond or equivalent security, the amount of such bond or security to be determined by the court.
(d) Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or common law to seek injunctive or other relief. (1973, c. 392, s. 17; 1987 (Reg. Sess., 1988), c. 1000, s. 6; 2002-165, s. 2.15.)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 4 - Sedimentation Pollution Control Act of 1973. › § 113A-67 - Annual Report.

§ 113A-67. Annual Report.
The Department shall report to the Environmental Review Commission on the implementation of this Article on or before October 1 of each year. The Department shall include in the report an analysis of how the implementation of the Sedimentation Pollution Control Act of 1973 is affecting activities that contribute to the sedimentation of streams, rivers, lakes, and other waters of the State. The report shall also include a review of the effectiveness of local erosion and sedimentation control programs. The report shall be submitted to the Environmental Review Commission with the report required by G.S. 143-214.7(e) as a single report. (2004-195, s. 2.1; 2017-10, s. 4.15(a).)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 5 - North Carolina Appalachian Trails System Act. › §§ 113A-72: Recodified as G.S. 143B-135.70 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

§ 113A-72: Recodified as G.S. 143B-135.70 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 5 - North Carolina Appalachian Trails System Act. › §§ 113A-73: Recodified as G.S. 143B-135.72 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

§ 113A-73: Recodified as G.S. 143B-135.72 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 5 - North Carolina Appalachian Trails System Act. › §§ 113A-74: Recodified as G.S. 143B-135.74 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

§ 113A-74: Recodified as G.S. 143B-135.74 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 5 - North Carolina Appalachian Trails System Act. › §§ 113A-75: Recodified as G.S. 143B-135.76 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

§ 113A-75: Recodified as G.S. 143B-135.76 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 5 - North Carolina Appalachian Trails System Act. › §§ 113A-76: Recodified as G.S. 143B-135.78 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015

§ 113A-76: Recodified as G.S. 143B-135.78 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 5 - North Carolina Appalachian Trails System Act. › §§ 113A-77: Recodified as G.S. 143B-135.80 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

§ 113A-77: Recodified as G.S. 143B-135.80 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 6 - North Carolina Trails System. › §§ 113A-83: Recodified as G.S. 143B-135.90 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

§ 113A-83: Recodified as G.S. 143B-135.90 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 6 - North Carolina Trails System. › §§ 113A-84: Recodified as G.S. 143B-135.92 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

§ 113A-84: Recodified as G.S. 143B-135.92 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 6 - North Carolina Trails System. › §§ 113A-85: Recodified as G.S. 143B-135.94 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

§ 113A-85: Recodified as G.S. 143B-135.94 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 6 - North Carolina Trails System. › §§ 113A-86: Recodified as G.S. 143B-135.96 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

§ 113A-86: Recodified as G.S. 143B-135.96 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 6 - North Carolina Trails System. › §§ 113A-87: Recodified as G.S. 143B-135.98 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

§ 113A-87: Recodified as G.S. 143B-135.98 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 6 - North Carolina Trails System. › §§ 113A-87.1: Recodified as G.S. 143B-135.100 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

§ 113A-87.1: Recodified as G.S. 143B-135.100 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 6 - North Carolina Trails System. › §§ 113A-88: Recodified as G.S. 143B-135.102 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

§ 113A-88: Recodified as G.S. 143B-135.102 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 6 - North Carolina Trails System. › §§ 113A-89: Recodified as G.S. 143B-135.104 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

§ 113A-89: Recodified as G.S. 143B-135.104 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 6 - North Carolina Trails System. › §§ 113A-90: Recodified as G.S. 143B-135.106 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

§ 113A-90: Recodified as G.S. 143B-135.106 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 6 - North Carolina Trails System. › §§ 113A-91: Recodified as G.S. 143B-135.108 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

§ 113A-91: Recodified as G.S. 143B-135.108 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 6 - North Carolina Trails System. › §§ 113A-92: Recodified as G.S. 143B-135.110 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

§ 113A-92: Recodified as G.S. 143B-135.110 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 6 - North Carolina Trails System. › §§ 113A-92.1: Recodified as G.S. 143B-135.112 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

§ 113A-92.1: Recodified as G.S. 143B-135.112 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 6 - North Carolina Trails System. › §§ 113A-93: Recodified as G.S. 143B-135.114 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

§ 113A-93: Recodified as G.S. 143B-135.114 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 6 - North Carolina Trails System. › §§ 113A-94: Recodified as G.S. 143B-135.116 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

§ 113A-94: Recodified as G.S. 143B-135.116 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 6 - North Carolina Trails System. › §§ 113A-95: Recodified as G.S. 143B-135.118 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

§ 113A-95: Recodified as G.S. 143B-135.118 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 7 - Coastal Area Management. › § 113A-100 - Short title.

§ 113A-100. Short title.
This Article shall be known as the Coastal Area Management Act of 1974. (1973, c. 1284, s. 1; 1975, c. 452, s. 5; 1981, c. 932, s. 2.1.)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 7 - Coastal Area Management. › § 113A-101 - Cooperative State-local program.

§ 113A-101. Cooperative State-local program.
This Article establishes a cooperative program of coastal area management between local and State governments. Local government shall have the initiative for planning. State government shall establish areas of environmental concern. With regard to planning, State government shall act primarily in a supportive standard-setting and review capacity, except where local governments do not elect to exercise their initiative. Enforcement shall be a concurrent State-local responsibility. (1973, c. 1284, s. 1; 1975, c. 452, s. 5; 1981, c. 932, s. 2.1.)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 7 - Coastal Area Management. › § 113A-105 - Coastal Resources Advisory Council.

§ 113A-105. Coastal Resources Advisory Council.
(a) Creation. – There is hereby created and established a council to be known as the Coastal Resources Advisory Council.
(b) Membership and Terms. – The Coastal Resources Advisory Council shall consist of not more than 20 members appointed or designated by the Coastal Resources Commission. Counties and cities in the coastal area may nominate candidates for consideration by the Commission. The terms of all Council members serving on the Council on January 1, 2013, shall expire on July 31, 2013. A new Council shall be appointed in the manner provided by this subsection with terms beginning on August 1, 2013, and expiring on June 30, 2015. Members may be reappointed at the discretion of the Commission, provided that one-half of the membership at the beginning of any two-year term are residents of counties in the coastal area.
(c) Functions and Duties. – The Advisory Council shall assist the Secretary and the Secretary of Administration in an advisory capacity:
(1) On matters which may be submitted to it by either of them or by the Commission, including technical questions relating to the development of rules, and
(2) On such other matters arising under this Article as the Council considers appropriate.
(d) Multiple Offices. – Membership on the Coastal Resources Advisory Council is hereby declared to be an office that may be held concurrently with other elective or appointive offices (except the office of Commission member) in addition to the maximum number of offices permitted to be held by one person under G.S. 128-1.1.
(e) Chairman and Vice-Chairman. – A chairman and vice-chairman shall be elected annually by the Council.
(f) Compensation. – The members of the Advisory Council who are not State employees shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5. (1973, c. 1284, s. 1; 1975, c. 452, s. 5; 1977, c. 771, s. 4; 1981, c. 932, s. 2.1; 1983, c. 249, ss. 1, 2; 1989, c. 727, s. 127; c. 751, s. 8(14a); 1991 (Reg. Sess., 1992), c. 959, s. 26; 1995, c. 123, s. 4; c. 504, s. 7; 2013-360, s. 14.25.)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 7 - Coastal Area Management. › § 113A-106 - Scope of planning processes.

§ 113A-106. Scope of planning processes.
Planning processes covered by this Article include the development and adoption of State guidelines for the coastal area and the development and adoption of a land-use plan for each county within the coastal area, which plans shall serve as criteria for the issuance or denial of development permits under Part 4. (1973, c. 1284, s. 1; 1975, c. 452, s. 5; 1981, c. 932, s. 2.1.)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 7 - Coastal Area Management. › § 113A-106.1 - Adoption of Coastal Habitat Protection Plans.

§ 113A-106.1. Adoption of Coastal Habitat Protection Plans.
The Commission shall approve Coastal Habitat Protection Plans as provided in G.S. 143B-279.8. (1997-400, s. 3.3.)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 7 - Coastal Area Management. › § 113A-107 - State guidelines for the coastal area.

§ 113A-107. State guidelines for the coastal area.
(a) State guidelines for the coastal area shall consist of statements of objectives, policies, and standards to be followed in public and private use of land and water areas within the coastal area. Such guidelines shall be consistent with the goals of the coastal area management system as set forth in G.S. 113A-102. They shall give particular attention to the nature of development which shall be appropriate within the various types of areas of environmental concern that may be designated by the Commission under Part 3. Land and water areas addressed in the State guidelines may include underground areas and resources, and airspace above the land and water, as well as the surface of the land and surface waters. Such guidelines shall be used in the review of applications for permits issued pursuant to this Article and for review of and comment on proposed public, private and federal agency activities that are subject to review for consistency with State guidelines for the coastal area. Such comments shall be consistent with federal laws and regulations.
(b) The Commission shall be responsible for the preparation, adoption, and amendment of the State guidelines. In exercising this function it shall be furnished such staff assistance as it requires by the Secretary of Environmental Quality and the Secretary of the Department of Administration, together with such incidental assistance as may be requested of any other State department or agency.
(c) The Commission shall mail proposed as well as adopted rules establishing guidelines for the coastal area to all cities, counties, and lead regional organizations within the area and to all State, private, federal, regional, and local agencies the Commission considers to have special expertise on the coastal area. A person who receives a proposed rule may send written comments on the proposed rule to the Commission within 30 days after receiving the proposed rule. The Commission shall consider any comments received in determining whether to adopt the proposed rule.
(d), (e) Repealed by Session Laws 1987, c. 827, s. 134.
(f) The Commission shall review its rules establishing guidelines for the coastal area at least every five years to determine whether changes in the rules are needed. (1973, c. 1284, s. 1; 1975, c. 452, s. 5; 1975, 2nd Sess., c. 983, ss. 75, 76; 1977, c. 771, s. 4; 1981, c. 932, s. 2.1; 1987, c. 827, s. 134; 1989, c. 313; c. 727, s. 218(65); 1997-443, s. 11A.119(a); 2015-241, s. 14.30(v).)