A Guide to the North Carolina Sedimentation Control Act Requirements, Process, and Compliance

The North Carolina Sedimentation Control Act (NCSCA) plays a crucial role in protecting the state's water resources and environment by regulating land-disturbing activities that can lead to sediment pollution. This comprehensive guide delves into the key aspects of the NCSCA, providing a clear understanding of the regulated activities and entities, the Act's structure and key provisions, and the compliance obligations and enforcement mechanisms. By exploring recent developments and the regulatory outlook, this guide offers valuable insights into the evolving landscape of sediment control in North Carolina. With a focus on practical guidance and essential resources, this guide serves as an indispensable tool for navigating the complexities of the NCSCA and effectively managing erosion and sedimentation control in land development projects.

GENERAL INFORMATION

Key Details of the North Carolina Sedimentation Control Act

Issuing Agency: The North Carolina Department of Environmental Quality (DEQ), Division of Energy, Mineral and Land Resources (DEMLR)
Year Established: 1973
Last Amended: 2013
Statutory Authority: The Sedimentation Pollution Control Act of 1973
Primary Legal Reference: North Carolina General Statutes, Chapter 113A, Article 4 (Sedimentation Pollution Control Act of 1973)

Overview of the North Carolina Sedimentation Control Act

The North Carolina Sedimentation Control Act is a state regulation that operates within the broader framework of the North Carolina Sedimentation Pollution Control Act of 1973. The Act aims to address the issue of sedimentation pollution in the state's waterways, which can result from land-disturbing activities such as construction, mining, and agriculture. The primary goal of the regulation is to minimize the erosion and sedimentation associated with these activities, thereby protecting the state's water resources and aquatic ecosystems.

The North Carolina Department of Environmental Quality (DEQ), specifically the Division of Energy, Mineral and Land Resources (DEMLR), is responsible for administering and enforcing the Sedimentation Control Act. The Act was first enacted in 1973 and has undergone several amendments over the years, with the most recent significant amendment occurring in 2013.

The Sedimentation Control Act achieves its goals by requiring land-disturbing activities that exceed certain thresholds to obtain a permit from the DEQ before commencing work. The permit process involves submitting an erosion and sedimentation control plan that outlines the measures to be taken to minimize soil erosion and prevent off-site sedimentation. The Act also establishes standards for the design, installation, and maintenance of erosion and sedimentation control measures.

The Act applies statewide and covers both public and private land-disturbing activities. However, there are some exemptions for agricultural and forestry activities that comply with specific best management practices.

What does the North Carolina Sedimentation Control Act protect?

The North Carolina Sedimentation Control Act protects the state's water resources, including rivers, streams, lakes, and wetlands, from the adverse impacts of sedimentation pollution. Sedimentation occurs when soil particles eroded from land-disturbing activities are transported by water and deposited in waterways. Excessive sedimentation can degrade water quality, harm aquatic habitats, and reduce the storage capacity of reservoirs and flood control structures. The Act protects these resources by requiring land-disturbing activities to implement measures that minimize erosion and prevent off-site sedimentation, such as sediment basins, silt fences, and vegetative ground covers. By controlling sedimentation at its source, the Act helps to maintain the ecological integrity and beneficial uses of North Carolina's water resources.

REGULATORY SCOPE & JURISDICTION

Regulated Activities & Entities

The North Carolina Sedimentation Control Act (NCSCA) regulates activities that disturb land and have the potential to cause soil erosion and sedimentation, which can negatively impact water quality and the environment. The Act applies to a wide range of industries and activities, including construction, land development, mining, and forestry operations. It aims to prevent sediment pollution by requiring proper planning, implementation, and maintenance of erosion and sedimentation control measures.

Under the NCSCA, the following activities and substances are prohibited:

1. Initiating land-disturbing activities without an approved erosion and sedimentation control plan.
2. Failing to install and maintain adequate erosion and sedimentation control measures.
3. Causing or allowing the discharge of sediment into waters of the state or onto adjacent properties.
4. Intentionally removing, damaging, or disabling erosion and sedimentation control measures.

These prohibitions are in place to minimize the adverse environmental impacts of land-disturbing activities, such as the degradation of water quality, destruction of aquatic habitats, and increased risk of flooding.

Structure and Key Provisions

The North Carolina Sedimentation Control Act is structured into several key sections that outline definitions, requirements, and enforcement provisions. Some of the most important sections include:

§ 113A-52. Definitions

This section provides definitions for key terms used throughout the Act, such as "land-disturbing activity," "erosion," and "sedimentation."

§ 113A-54. Powers and duties of the Commission

This section outlines the responsibilities of the Sedimentation Control Commission, which include developing and adopting rules, providing technical assistance, and conducting educational programs.

§ 113A-57. Mandatory standards for land-disturbing activity

This section establishes the minimum requirements for erosion and sedimentation control plans, including design standards, monitoring, and maintenance obligations.

§ 113A-61. Local approval of erosion and sedimentation control plans

This section details the process for submitting and obtaining approval for erosion and sedimentation control plans from local governing bodies.

§ 113A-64. Penalties

This section outlines the civil and criminal penalties for violating the provisions of the NCSCA, including fines and potential imprisonment.

It is essential for individuals and organizations engaged in land-disturbing activities to consult the full text of the NCSCA and work closely with the relevant state and local agencies to ensure compliance with all applicable requirements.

COMPLIANCE REQUIREMENTS & STANDARDS

Regulatory Standards & Limitations

The North Carolina Sedimentation Control Act establishes various standards and limitations to control sediment pollution and protect water quality in the state. These standards may include:

• Turbidity limits for receiving waters
• Erosion and sediment control performance standards for construction sites
• Riparian buffer requirements along streams and rivers

These standards are implemented through the issuance of permits, regular inspections, and enforcement actions by the North Carolina Department of Environmental Quality (NCDEQ) and local governments with delegated authority. Developers and consultants must work closely with these agencies to ensure their projects comply with all applicable standards and limitations.

Monitoring, Reporting & Recordkeeping Obligations

Under the North Carolina Sedimentation Control Act, regulated entities may be subject to various monitoring, reporting, and recordkeeping requirements. These obligations may include:

• Conducting regular inspections of erosion and sediment control measures
• Maintaining records of inspections, maintenance activities, and corrective actions
• Submitting periodic reports to the NCDEQ or local government

The specific monitoring, reporting, and recordkeeping requirements may vary depending on the project's size, location, and potential impact on water quality. Developers and consultants should work closely with the relevant agencies to understand and fulfill these obligations for their specific projects.

Enforcement Actions & Penalties

The NCDEQ and local governments with delegated authority may take various enforcement actions for violations of the North Carolina Sedimentation Control Act. These actions may include:

• Issuing notices of violation
• Issuing stop-work orders
• Assessing civil penalties
• Seeking injunctive relief through the courts

In some cases, violations may also result in criminal penalties. To avoid enforcement actions and penalties, developers and consultants should prioritize proactive compliance and early engagement with the relevant agencies. It is essential to consult the full text of the regulation and work closely with the agencies to understand the specific enforcement provisions and penalty structures that may apply to a given project.

ADDITIONAL RESOURCES

Recent Developments & Regulatory Outlook

In recent years, the North Carolina Sedimentation Control Act has undergone several significant developments that have shaped the current regulatory landscape. One of the most notable changes was the passage of House Bill 74 in 2013, which aimed to streamline the permitting process and reduce regulatory burdens on developers. This bill introduced a number of amendments to the Act, including the establishment of a fast-track permitting option for certain projects and the creation of a new category of "low-risk" projects that are subject to less stringent requirements.

Another important development was the North Carolina Supreme Court's decision in the case of "Sound Rivers, Inc. v. North Carolina Department of Environmental Quality" in 2020. This case centered around the interpretation of the Act's requirements for sediment basin design and maintenance, with the court ultimately ruling in favor of a more stringent interpretation advocated by environmental groups. This decision has had significant implications for developers and environmental consultants, who must now ensure that their projects comply with these heightened standards.

Looking ahead, there are several proposed amendments and policy changes that could further impact the implementation of the North Carolina Sedimentation Control Act in the near future. One notable proposal is the "Erosion and Sedimentation Control Modernization Act," which was introduced in the North Carolina General Assembly in 2021. If passed, this bill would make a number of changes to the Act, including the establishment of a new tiered approach to erosion and sedimentation control plans based on project size and complexity.

To stay informed about these and other developments related to the North Carolina Sedimentation Control Act, stakeholders can monitor the website of the North Carolina Department of Environmental Quality's Division of Energy, Mineral, and Land Resources, which is responsible for administering the Act. The Division regularly posts updates on proposed rule changes, public comment periods, and other relevant information. Additionally, industry associations such as the North Carolina Home Builders Association and the North Carolina Association of Environmental Professionals often provide updates and analysis on regulatory developments affecting their members.

Additional Resources

North Carolina Sedimentation Control Act Full Text: The complete text of the North Carolina Sedimentation Control Act, including all amendments to date.

NCDEQ Erosion and Sediment Control Planning and Design Manual: The official guidance document from the North Carolina Department of Environmental Quality, providing detailed information on the design, implementation, and maintenance of erosion and sediment control measures in compliance with the Act.

NCDEQ Erosion and Sediment Control Plan Checklist: A helpful checklist provided by the North Carolina Department of Environmental Quality to assist developers and consultants in ensuring that their erosion and sediment control plans meet all requirements under the Act.

Sedimentation Pollution Control Act of 1973: Policy Developments and Trends: A scholarly article published in the "Environmental Law Review" that provides an overview of the history and policy developments related to the North Carolina Sedimentation Control Act.

North Carolina State University Erosion and Sediment Control Designer/Installer Training: An online training course offered by North Carolina State University that provides detailed instruction on the design and installation of erosion and sediment control measures in compliance with the Act.