GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2005
SESSION LAW 2006-250
HOUSE BILL 1413
AN ACT to provide additional authority for local governments that administer approved local environmental programs and to provide additional incentives for local governments to request the authority to administer all or a portion of certain ENVIRONMENTAL PROGRAMS AND TO ALLOW local government employees to stand in, on, or near a public street or highway owned, leased, or controlled by the State to solicit charitable contributions so long as the person soliciting is an employee or agent of the local government and meets certain restrictions and guidelines.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 113A-54.1 is amended by adding a new subsection to read:
"(e) The landowner, the financially responsible party, or the landowner's or the financially responsible party's agent shall perform an inspection of the area covered by the plan after each phase of the plan has been completed and after establishment of temporary ground cover in accordance with G.S. 113A-57(2). The person who performs the inspection shall maintain and make available a record of the inspection at the site of the land-disturbing activity. The record shall set out any significant deviation from the approved erosion control plan, identify any measures that may be required to correct the deviation, and document the completion of those measures. The record shall be maintained until permanent ground cover has been established as required by the approved erosion and sedimentation control plan. The inspections required by this subsection shall be in addition to inspections required by G.S. 113A-61.1."
SECTION 2. G.S. 113A-56 reads as rewritten:
"§ 113A-56. Jurisdiction of the Commission.
(a) The Commission shall have jurisdiction, to the exclusion of local governments, to adopt rules concerning land-disturbing activities that are:
(1) Conducted by the State;State.
(2) Conducted by the
United States;States.
(3) Conducted by persons
having the power of eminent domain;domain other than a local
government.
(4) Conducted by local
governments; ora local government.
(5) Funded in whole or in part by the State or the United States.
(b) The Commission may delegate the jurisdiction conferred by G.S. 113A-56(a), in whole or in part, to any other State agency that has submitted an erosion and sedimentation control program to be administered by it, if the program has been approved by the Commission as being in conformity with the general State program.
(c) The Commission shall have concurrent jurisdiction with local governments that administer a delegated erosion and sedimentation control program over all other land-disturbing activities. In addition to the authority granted to the Commission in G.S. 113A-60(c), the Commission has the following authority with respect to a delegated erosion and sedimentation control program:
(1) To review erosion and sedimentation control plan approvals made by a delegated erosion and sedimentation control program and to require a revised plan if the Commission determines that a plan does not comply with the requirements of this Article or the rules adopted pursuant to this Article.
(2) To review the compliance activities of a delegated erosion and sedimentation control program and to take appropriate compliance action if the Commission determines that the local government has failed to take appropriate compliance action."
SECTION 3. G.S. 113A-60 reads as rewritten:
"§ 113A-60. Local erosion and sedimentation control programs.
(a) A local government may submit to the Commission for its approval an erosion and sedimentation control program for its jurisdiction, and to this end local governments are authorized to adopt ordinances and regulations necessary to establish and enforce erosion and sedimentation control programs. An ordinance adopted by a local government may establish a fee for the review of an erosion and sedimentation control plan and related activities. Local governments are authorized to create or designate agencies or subdivisions of local government to administer and enforce the programs. An ordinance adopted by a local government shall at least meet and may exceed the minimum requirements of this Article and the rules adopted pursuant to this Article. Two or more units of local government are authorized to establish a joint program and to enter into any agreements that are necessary for the proper administration and enforcement of the program. The resolutions establishing any joint program must be duly recorded in the minutes of the governing body of each unit of local government participating in the program, and a certified copy of each resolution must be filed with the Commission.
(b) The Commission shall review each program submitted and within 90 days of receipt thereof shall notify the local government submitting the program that it has been approved, approved with modifications, or disapproved. The Commission shall only approve a program upon determining that its standards equal or exceed those of this Article and rules adopted pursuant to this Article.
(c) If the Commission determines that any local government is failing to administer or enforce an approved erosion and sedimentation control program, it shall notify the local government in writing and shall specify the deficiencies of administration and enforcement. If the local government has not taken corrective action within 30 days of receipt of notification from the Commission, the Commission shall assume administration and enforcement of the program until such time as the local government indicates its willingness and ability to resume administration and enforcement of the program.
(d) A local government may submit to the Commission for its approval a limited erosion and sedimentation control program for its jurisdiction that grants the local government the responsibility only for the assessment and collection of fees and for the inspection of land-disturbing activities within the jurisdiction of the local government. The Commission shall be responsible for the administration and enforcement of all other components of the erosion and sedimentation control program and the requirements of this Article. The local government may adopt ordinances and regulations necessary to establish a limited erosion and sedimentation control program. An ordinance adopted by a local government that establishes a limited program shall conform to the minimum requirements regarding the inspection of land-disturbing activities of this Article and the rules adopted pursuant to this Article regarding the inspection of land-disturbing activities. The local government shall establish and collect a fee to be paid by each person who submits an erosion and sedimentation control plan to the local government. The amount of the fee shall be an amount equal to eighty percent (80%) of the amount established by the Commission pursuant to G.S. 113A-54.2(a) plus any amount that the local government requires to cover the cost of inspection and program administration activities by the local government. The total fee shall not exceed one hundred dollars ($100.00) per acre. A local government that administers a limited erosion and sedimentation control program shall pay to the Commission the portion of the fee that equals eighty percent (80%) of the fee established pursuant to G.S. 113A-54.2(a) to cover the cost to the Commission for the administration and enforcement of other components of the erosion and sedimentation control program. Fees paid to the Commission by a local government shall be deposited in the Sedimentation Account established by G.S. 113A-54.2(b). A local government that administers a limited erosion and sedimentation control program and that receives an erosion control plan and fee under this subsection shall immediately transmit the plan to the Commission for review. A local government may create or designate agencies or subdivisions of the local government to administer the limited program. Two or more units of local government may establish a joint limited program and enter into any agreements necessary for the proper administration of the limited program. The resolutions establishing any joint limited program must be duly recorded in the minutes of the governing body of each unit of local government participating in the limited program, and a certified copy of each resolution must be filed with the Commission. Subsections (b) and (c) of this section apply to the approval and oversight of limited programs.
(e) Notwithstanding G.S. 113A-61.1, a local government with a limited erosion and sedimentation control program shall not issue a notice of violation if inspection indicates that the person engaged in land-disturbing activity has failed to comply with this Article, rules adopted pursuant to this Article, or an approved erosion and sedimentation control plan. The local government shall notify the Commission if any person has initiated land-disturbing activity for which an erosion and sedimentation control plan is required in the absence of an approved plan. If a local government with a limited program determines that a person engaged in a land-disturbing activity has failed to comply with an approved erosion and sedimentation control plan, the local government shall refer the matter to the Commission for inspection and enforcement pursuant to G.S. 113A-61.1."
SECTION 4. G.S. 143-215.3D is amended by adding a new subsection to read:
"(f) Local Government Fee Authority Not Impaired. - This section shall not be construed to limit any authority that a unit of local government may have pursuant to any other provision of law to assess or collect a fee for the review of an application for a permit, the review of a mitigation plan, or the inspection of a site or a facility under any local program that is approved by the Commission under this Article."
SECTION 5. G.S. 143-215.1(f) reads as rewritten:
"(f) Local Permit Programs
for Sewer Extension. Extension and Reclaimed Water Utilization. -
Municipalities, counties, local boards or commissions, water and sewer
authorities, or groups of municipalities and counties may establish and
administer within their utility service areas their own general permit programs
in lieu of State permit required in G.S. 143-215.1(a)(2), (3), and (8)
above, for construction, operation, alteration, extension, change of proposed
or existing sewer system, subject to the prior certification of the Commission.
For purposes of this subsection, the service area of a municipality shall
include only that area within the corporate limits of the municipality and that
area outside a municipality in its extraterritorial jurisdiction where sewer
service or a reclaimed water utilization system is already being
provided by the municipality to the permit applicant or connection to the
municipal sewer system or a reclaimed water utilization system is
immediately available to the applicant; the service areas of counties and the
other entities or groups shall include only those areas where sewer service or
a reclaimed water utilization system is already being provided to the
applicant by the permitting authority or connection to the permitting
authority's system is immediately available. No later than the 180th day after
the receipt of a program and statement submitted by any local government,
commission, authority, or board the Commission shall certify any local program that:that
does all of the following:
(1) Provides by ordinance
or local law for requirements compatible with those imposed by this Part and
the rules implementing this Part;Part.
(2) Provides that the
Department receives notice and a copy of each application for a permit and that
it receives copies of approved permits and plans upon request by the Commission;Commission.
(3) Provides that plans
and specifications for all construction, extensions, alterations, and changes
be prepared by or under the direct supervision of an engineer licensed to
practice in this State;State.
(4) Provides for the
adequate enforcement of the program requirements by appropriate administrative
and judicial process;process.
(5) Provides for the
adequate administrative organization, engineering staff, financial and other
resources necessary to effectively carry out its plan review program;program.
(6) Provides that the
system is capable of interconnection at an appropriate time with an expanding
municipal, county, or regional system;system.
(7) Provides for the
adequate arrangement for the continued operation, service, and maintenance of
the sewer system; andsystem or a reclaimed water utilization system.
(8) Is approved by the Commission as adequate to meet the requirements of this Part and the rules implementing this Part.
(f1) The Commission may deny, suspend, or revoke certification of a local program upon a finding that a violation of the provisions in subsection (f) of this section has occurred. A denial, suspension, or revocation of a certification of a local program shall be made only after notice and a public hearing. If the failure of a local program to carry out this subsection creates an imminent hazard, the Commission may summarily revoke the certification of the local program. Chapter 150B of the General Statutes does not apply to proceedings under this subsection.
(f2) Notwithstanding any other
provision of this subsection, subsections (f) and (f1) of this
section, if the Commission determines that a sewer system, treatment works,
or disposal system is operating in violation of the provisions of this Article
and that the appropriate local authorities have not acted to enforce those
provisions, the Commission may, after written notice to the appropriate local
government, take enforcement action in accordance with the provisions of this
Article."
SECTION 6. G.S. 143-215.6A(j) reads as rewritten:
"(j) Local
governments certified and approved by the Commission to administer and
enforce pretreatment programs by the Commission pursuant to G.S. 143-215.3(a)(14)
G.S. 143-215.3(a)(14), stormwater programs pursuant to
G.S. 143-214.7, or riparian buffer protection programs pursuant to
G.S. 143-214.23 may assess civil penalties for violations of their
respective programs in accordance with the powers conferred upon the Commission
and the Secretary in this section, except that actions for collection of unpaid
civil penalties shall be referred to the attorney representing the assessing
local government. The total of the civil penalty assessed by a local government
and the civil penalty assessed by the Secretary for any violation may not
exceed the maximum civil penalty for such violation under this section."
SECTION 7.(a) G.S. 20-175(d) reads as rewritten:
"(d) Local governments may
enact ordinances restricting or prohibiting a person from standing on any
street, highway, or right-of-way excluding sidewalks while soliciting, or
attempting to solicit, any employment, business, or contributions from the
driver or occupants of any vehicle. This subsection does not permit additional
restrictions or prohibitions on the activities of licensees, employees, or
contractors of the Department of Transportation or of any municipality engaged
in construction or maintenance or in making traffic or engineering surveys.surveys
except as provided in subsection (e) of this section."
SECTION 7.(b) G.S. 20-175 is amended by adding a new subsection to read:
"(e) A local government shall have the authority to grant authorization for a person to stand in, on, or near a street or State roadway, within the local government's municipal corporate limits, to solicit a charitable contribution if the requirements of this subsection are met.
A person seeking authorization under this subsection to solicit charitable contributions shall file a written application with the local government. This application shall be filed not later than seven days before the date the solicitation event is to occur. If there are multiple events or one event occurring on more than one day, each event shall be subject to the application and permit requirements of this subsection for each day the event is to be held, to include the application fee.
The application must include:
(1) The date and time when the solicitation is to occur;
(2) Each location at which the solicitation is to occur; and
(3) The number of solicitors to be involved in the solicitation at each location.
This subsection does not prohibit a local government from charging a fee for a permit, but in no case shall the fee be greater than twenty-five dollars ($25.00) per day per event.
The applicant shall also furnish to the local government advance proof of liability insurance in the amount of at least two million dollars ($2,000,000) to cover damages that may arise from the solicitation. The insurance coverage must provide coverage for claims against any solicitor and agree to hold the local government harmless.
A local government, by acting under this section, does not waive, or limit, any immunity or create any new liability for the local government. The issuance of an authorization under this section and the conducting of the solicitation authorized are not considered governmental functions of the local government.
In the event the solicitation event or the solicitors shall create a nuisance, delay traffic, create threatening or hostile situations, any law enforcement officer with proper jurisdiction may order the solicitations to cease. Any individual failing to follow a law enforcement officer's lawful order to cease solicitation shall be guilty of a Class 2 misdemeanor."
SECTION 8. Sections 1 through 6 of this act become effective 1 September 2006. Section 7 of this act becomes effective December 1, 2006, and applies to offenses committed on or after that date. The remainder of this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 26th day of July, 2006.
s/ Beverly E. Perdue
President of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 11:58 a.m. this 16th day of August, 2006