Sec. 26.17.01.03. Delegation of Enforcement Authority

A. A county, a municipality or the Commission may seek delegation of enforcement authority from the Secretary to enforce compliance with the provisions of the following:

(1) This chapter;

(2) An approved erosion control ordinance;

(3) Approved erosion and sediment control regulations; and

(4) Approved erosion and sediment control plans.

B. Delegation.

(1) The Secretary shall grant delegation of enforcement authority to a county, a municipality, or the Commission which seeks delegation and is found capable of enforcing compliance with the provisions of Regulation .09 of this chapter.

(2) A county, a municipality, or the Commission seeking or renewing delegation of enforcement authority shall submit a written request to the Secretary on or before October 1 immediately preceding the State fiscal year for which delegation or renewal of delegation is sought.

(3) The Secretary shall make a determination in writing regarding a delegation request on or before January 1 immediately preceding the State fiscal year for which delegation is sought.

(4) If delegation is granted, it is effective July 1 of that calendar year and for not more than 2 years, unless renewed by the Secretary.

(5) The Secretary may suspend delegation if a program falls below the standard of effectiveness established in Regulation .09 of this chapter. During a period of suspension, the Department shall enforce compliance in the jurisdiction.