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Any person aggrieved by the levying of any lines, penalties, or the termination of a permit under this subchapter shall have the right of appeal to the County Commissioners within 30 days of levying or termination. A decision of the County Commissioners can be appealed to the Circuit Court for Carroll County in accordance with State Rules of Civil Procedure.
(2004 Code, § 179-27) (Ord. 103, passed 10-15-1992; Ord. 02-20, passed 11-21-2002; Ord. 2021-09, passed 10-14-2021)
(A) In general. The County Attorney may bring an action for an injunction against any person who violates any provision of this subchapter or any rules, regulation, order, or permit adopted or issued under this subchapter.
(B) Findings. In any action for an injunction under this section, any finding of the County Commissioners after a hearing is prima facie evidence of each fact the County Commissioners determine.
(C) Grounds. On a showing that any person is violating or is about to violate this subchapter or any rule, regulation, order or permit adopted or issued by the AHJ or the County Commissioners, the court may grant an injunction without requiring a showing of a lack of an adequate remedy at law.
(D) Emergency. If an emergency arises due to imminent danger to the public health or welfare, or imminent danger to the environment, the AHJ may sue for an immediate injunction to stop any pollution or other activity that is causing the danger.
(2004 Code, § 179-28) (Ord. 103, passed 10-15-1992; Ord. 02-20, passed 11-21-2002; Ord. 2021-09, passed 10-14-2021)
If any person discharges septage or other wastes into the facility contrary to the provisions of this subchapter, federal or state requirements, or any order of the county, the County Attorney may commence an action for appropriate legal and/or equitable relief in the appropriate court.
(2004 Code, § 179-29) (Ord. 103, passed 10-15-1992; Ord. 02-20, passed 11-21-2002; Ord. 2021-09, passed 10-14-2021)
Any person who knowingly makes any false statements, representation, or certification in any application, record, report, plan, or other document required to be maintained pursuant to this subchapter or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method installed or utilized at any facility to ensure compliance with this subchapter, shall be subject to the provisions of § 51.99. Any permits issued as a result of false information shall be revoked.
(2004 Code, § 179-31) (Ord. 103, passed 10-15-1992; Ord. 02-20, passed 11-21-2002; Ord. 2021-09, passed 10-14-2021) Penalty, see § 51.99
(A) Any unauthorized person who shall injure, deface, destroy, molest, tamper, or operate any portion of the water and sewer system owned by the county shall be guilty of a misdemeanor and shall be lined or imprisoned for not more than 30 days, or both. Fines shall be paid in full within ten business days or if the fine is associated with a current account holder it may be placed on the next billing cycle for the specific property account. Any appeal shall be made in writing and heard by the Director of the Department of Public Works or designee with any decision being final.
(2004 Code, § 179-12)
(B) (1) Civil penalties. Any unauthorized person who violates any provision of Chapter 51, and the orders, rules, regulations, and permits issued in accordance with this chapter, shall be lined not less than $300 nor more than $2,000 for each violation and shall pay any and all repair costs. In addition to the penalties provided in this division (B), the county may recover all expenses of litigation, including reasonable attorneys' fees at a rate of $100 per hour if the Department of the County Attorney, or its successor agency, or actual cost if private counsel, court costs, court reporters' fees, and by appropriate suit at law against the person found to have violated this subchapter or the orders, rules, regulations, arid permits issued hereunder.
(2) Criminal penalties. In addition to the penalties in any other section of an unauthorized person who violates any provisions of this chapter, or any orders, rules, regulations, or permits issued hereunder, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than $1,000 or imprisonment for not more than six months.
(2004 Code, § 179-30)
(C) Any unauthorized person violating the provisions of § 51.67 shall be guilty of a misdemeanor and shall, upon conviction, be punished by a fine of not more than $1,000 or by imprisonment for not more than six months. Any permits issued as a result of false information shall be revoked.
(2004 Code, § 179-31)
(Ord. passed - -; Ord. 103, passed 10-15-1992; Ord. 02-20, passed 11-21-2002; Ord. 2021-09, passed 10-14-2021)