Secondary and Cumulative Impacts Master Management Plan - 2014

Article 10 Erosion and Sedimentation Control 10-48 Restoration After Non-Compliance

(E) both damages and enforcement order. 10-47-2 Civil action under this section may be brought in the Superior Court of Wake County. 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 with the amount of the bond or security to be determined by the court. 10-47-3 Nothing in this section restricts any right that any person (or class of persons) may have under any statute or common law to seek injunctive or other relief. 10-48 Restoration After Non-Compliance The County may require a person who engaged in a land-disturbing activity and failed to retain sediment generated by the activity, as required by this article and G.S. 113A-57 (3), to restore the affected waters and land 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 ordinance.

[Article 10 amended 11/19/2007 by OA 02-07]

Wake County Unified Development Code 10-30