Title 12, Chapter 5, Section 452
( 12-5-452)
(a) If a governing authority determines that any person is violating
any provision of this part, any rule or regulation adopted pursuant
to this part, or the terms and conditions of any certificate issued
under this part, the appropriate governing authority shall employ
any one or any combination of any or all of the following
enforcement methods: (1) The appropriate governing authority may issue a cease and
desist order specifying the provision of this part or the rule or
the term or condition of a certificate violated and requiring the
person so ordered to cease and desist from such activity and to
take corrective action within a reasonable period of time as
prescribed in the order. Such corrective action may include, but
shall not be limited to, requiring that the affected portion of
the stream corridor be returned to its condition prior to the
violation insofar as practical. Any such order shall become final
unless the person named therein requests in writing a hearing
before the governing authority no later than 30 days after the
issuance of such order. On the basis of such hearing, the
governing authority shall be authorized to continue such order in
effect, to revoke the order, or to modify it; (2) Whenever the appropriate governing authority finds that an
emergency exists requiring immediate action to protect the
watercourse and the public interest, the governing authority may
issue an emergency cease and desist order, effective immediately,
reciting the existence of such an emergency and requiring that
such action be taken as it deems necessary to meet the emergency.
Any person against whom such order is directed shall comply
therewith immediately but, on application to the governing
authority, shall be afforded a hearing within five business days.
On the basis of such hearing the governing authority shall be
authorized to continue such order in effect, to revoke the order,
or to modify it; (3) The appropriate governing authority may seek injunctive relief
pursuant to subsection (b) of this Code section; or (4) The governing authority shall be authorized to delegate to a
responsible official thereof the authority to issue the orders set
forth in this subsection. (b) Any land-disturbing activity in violation of this part, any rule
or regulation adopted pursuant to this part, or any certificate
issued pursuant to this part shall be a public nuisance; and the
creation and maintenance thereof may be enjoined and abated upon an
action being filed by the center, any political subdivision
affected, the director, or any person. (c) Any person who violates this part or any rule or regulation
adopted pursuant to this part, any certificate issued pursuant to
this part, or any final cease and desist order or emergency order
issued pursuant to this part may be fined a civil penalty not to
exceed $1,000.00 for each acre or part thereof on which such
violation occurs. Each day on which such violation exists is a
separate offense. (d) The superior court having jurisdiction over an action brought
pursuant to this Code section shall have the authority to require
that the land within the stream corridor be restored to its original
condition prior to the unauthorized land-disturbing activity, if
possible and if environmentally appropriate. If such restoration is
ordered by the court and not carried out within the time limits set
forth in a final court order, the governing authority shall be
authorized to carry out total or partial restoration within the
stream corridor, and the person or persons responsible for the
unauthorized land-disturbing activities shall be liable for the
amount expended upon restoration. Such amount shall be recoverable
by the governing authority in an action against such person or
persons. |