§ 113A-65.1. Stop-work orders.
§ 113A‑65.1. Stop‑work orders.
(a) The Secretary may issue a stop‑work order if he findsthat a land‑disturbing activity is being conducted in violation of thisArticle or of any rule adopted or order issued pursuant to this Article, thatthe violation is knowing and willful, and that either:
(1) Off‑site sedimentation has eliminated or severelydegraded a use in a lake or natural watercourse or that such degradation isimminent.
(2) Off‑site sedimentation has caused severe damage toadjacent land or that such damage is imminent.
(3) The land‑disturbing activity is being conductedwithout an approved plan.
(b) The stop‑work order shall be in writing and shallstate what work is to be stopped and what measures are required to abate theviolation. The order shall include a statement of the findings made by theSecretary pursuant to subsection (a) of this section, and shall list theconditions under which work that has been stopped by the order may be resumed.The delivery of equipment and materials which does not contribute to theviolation may continue while the stop‑work order is in effect. A copy ofthis section shall be attached to the order.
(c) The stop‑work order shall be served by the sheriff ofthe county in which the land‑disturbing activity is being conducted or bysome other person duly authorized by law to serve process as provided by G.S.1A‑1, Rule 4, and shall be served on the person at the site of the land‑disturbingactivity who is in operational control of the land‑disturbing activity.The sheriff or other person duly authorized by law to serve process shall posta copy of the stop‑work order in a conspicuous place at the site of theland‑disturbing activity. The Department shall also deliver a copy of thestop‑work order to any person that the Department has reason to believemay be responsible for the violation.
(d) The directives of a stop‑work order become effectiveupon service of the order. Thereafter, any person notified of the stop‑workorder who violates any of the directives set out in the order may be assessed acivil penalty as provided in G.S. 113A‑64(a). A stop‑work orderissued pursuant to this section may be issued for a period not to exceed fivedays.
(e) The Secretary shall designate an employee of the Departmentto monitor compliance with the stop‑work order. The name of the employeeso designated shall be included in the stop‑work order. The employee sodesignated, or the Secretary, shall rescind the stop‑work order if allthe violations for which the stop‑work order are issued are corrected, noother violations have occurred, and all measures necessary to abate theviolations have been taken. The Secretary shall rescind a stop‑work orderthat is issued in error.
(f) The issuance of a stop‑work order shall be a finalagency decision subject to judicial review in the same manner as an order in acontested case pursuant to Article 4 of Chapter 150B of the General Statutes.The petition for judicial review shall be filed in the superior court of thecounty in which the land‑disturbing activity is being conducted.
(g) As used in this section, days are computed as provided inG.S. 1A‑1, Rule 6. Except as otherwise provided, the Secretary maydelegate any power or duty under this section to the Director of the Divisionof Land Resources of the Department or to any person who has supervisoryauthority over the Director. The Director may delegate any power or duty sodelegated only to a person who is designated as acting Director.
(h) The Attorney General shall file a cause of action to abatethe violations which resulted in the issuance of a stop‑work order withintwo business days of the service of the stop‑work order. The cause ofaction shall include a motion for an ex parte temporary restraining order toabate the violation and to effect necessary remedial measures. The residentsuperior court judge, or any judge assigned to hear the motion for thetemporary restraining order, shall hear and determine the motion within twodays of the filing of the complaint. The clerk of superior court shall acceptcomplaints filed pursuant to this section without the payment of filing fees.Filing fees shall be paid to the clerk of superior court within 30 days of thefiling of the complaint. (1991, c. 412, s. 1; 1998‑99,s. 2; 2005‑386, s. 7.3.)