Terms Used In North Carolina General Statutes > Chapter 113A > Article 4 - Sedimentation Pollution Control Act of 1973

• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Commission: means the North Carolina Sedimentation Control Commission. See North Carolina General Statutes 113A-52
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the North Carolina Department of Environmental Quality. See North Carolina General Statutes 113A-52
• District: means any Soil and Water Conservation District created pursuant to Chapter 139, North Carolina General Statutes. See North Carolina General Statutes 113A-52
• Erosion: means the wearing away of land surface by the action of wind, water, gravity, or any combination thereof. See North Carolina General Statutes 113A-52
• following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
• in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Land-disturbing activity: means any use of the land by any person in residential, industrial, educational, institutional or commercial development, highway and road construction and maintenance that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. See North Carolina General Statutes 113A-52
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local government: means any county, incorporated village, town, or city, or any combination of counties, incorporated villages, towns, and cities, acting through a joint program pursuant to the provisions of this Article. See North Carolina General Statutes 113A-52
• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. See North Carolina General Statutes 113A-52
• Plaintiff: The person who files the complaint in a civil lawsuit.
• property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
• seal: shall be construed to include an impression of such official seal, made upon the paper alone, as well as an impression made by means of a wafer or of wax affixed thereto. See North Carolina General Statutes 12-3
• Secretary: means the Secretary of Environmental Quality. See North Carolina General Statutes 113A-52
• Sediment: means solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin. See North Carolina General Statutes 113A-52
• state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
• Statute: A law passed by a legislature.
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Tract: means all contiguous land and bodies of water being disturbed or to be disturbed as a unit, regardless of ownership. See North Carolina General Statutes 113A-52
• United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3