Ocean Hill Joint Venture v. North Carolina Department of Environment, Health & Natural Resources

WALKER, Judge.

Ocean Hill presents primarily, two questions on appeal. The first addresses whether G.S. 1-54(2) applies to administrative actions taken pursuant to G.S. 113A-64(a). If we answer affirmatively, then we must determine whether G.S. 1-54(2) bars the Department’s assessment of a civil penalty more than one year after the date of the last violation of the SPCA.

Both parties admit the civil penalty is assessed pursuant to G.S. 113A-64(a), which does not contain a statute of limitations for the imposition of civil penalties. The Department contends G.S. 1-54(2) does not begin to run at…