(A) Sewer service discontinuation.
(1) The county may suspend sewer service to any user when such a suspension is necessary, in the opinion of the county, to stop an actual or threatened discharge that presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the POTW or its residuals disposal methods, or may cause the county to violate any conditions of the applicable NPDES permit. Any person notified of a suspension of sewer service shall immediately cease discharge of all wastewater. In the event of a failure of the person to comply voluntarily with the suspension order, the county shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW or endangerment to health or the environment.
(2) The county may reinstate sewer service upon proof of the elimination of the discharge that caused the violation. A detailed written statement by the user shall be submitted within 15 days of the date of notification of the violation. This statement shall describe the causes of the harmful contribution, and the measures taken to prevent any future occurrence. Reinstatement of sewer service may also require the posting of a compliance bond by the user. This compliance bond shall be: (a) in an amount estimated to be the cost of complying with this chapter; (b) conditioned upon the faithful performance of the provisions of the chapter; and (c) in a form approved by the County Attorney. The violator shall also make immediate repayment for all damages incurred by the discharge, and for any sampling and analysis done in connection with the discharge.
(B) Termination of permit.
(1) Any user who violates the conditions of this chapter, or applicable state and federal regulations, is subject to having its permit terminated:
(a) Failure to accurately report the wastewater constituents and characteristics of his or her discharge;
(b) Failure to report significant changes in operations or wastewater constituents and characteristics;
(c) Refusal of reasonable access to the user’s premises for the purpose of inspection or monitoring; or
(d) Violation of conditions of the permit, consent or administrative orders.
(2) A user whose permit has been revoked or terminated shall immediately stop all discharges of any liquid-carried wastes to the sewer system covered by the permit. A user whose permit has been revoked must apply for a new permit and pay all fees, charges, penalties and such other sums as may be due to the county before issuance of a new permit is considered.
(3) The Director may disconnect or permanently block from the sewer system the industrial sewer connection of any user whose permit has been revoked, if such action is necessary to ensure compliance with the order of revocation.
(4) If the Director finds that the holder of a consent or administrative order is not proceeding in accordance with the conditions and schedule specified in a diligent manner, the Director may allow the applicant to continue to operate pursuant to the order upon the posting of a compliance bond. This compliance bond shall be: (a) in an amount estimated to be the cost of complying with the order; (b) conditioned upon the faithful performance of the provisions of the order; and (c) in a form approved by the County Attorney.
(C) Fines and expense fees.
(1) A special fine of not more than $10,000 per violation may be assessed. The Director shall consider the following in assessing the fine:
(a) The degree and extent of the harm to the natural resources, to the public health, or to public or private property resulting from the violation;
(b) The duration and gravity of the violation;
(c) The effect on ground or surface water quantity or quality or on air quality or other environmental impacts.
(d) Reason for the violation;
(e) The amount of money saved by noncompliance;
(f) Whether the violation was committed willfully or intentionally;
(g) The prior record of the violator in complying or failing to comply with the pretreatment program;
(h) The response of the industrial user with regard to the violation (e.g. notification to POTW, attempts to stop, remedy or minimize the problem);
(i) Subsequent industrial user action so that similar problems do not recur.
(2) Violators will be assessed the costs incurred by the county resulting from:
(a) Investigative costs;
(b) Enforcement costs;
(c) Fines and expenses associated with violations of county-held permits (including fish kills and other environmental impacts);
(d) Terminating or revoking a permit;
(e) Severance of the sewer connections.
(3) Violators will also be assessed the cost to rectify the damage and the cost of the work required to clear and/or repair any part of the system affected by the discharge violation.
(4) Full payment of all fines and fees shall be made by the user before issuance of a new permit or reconnection to the sewer system.
(5) Assessments for both fines and regular service charges shall be paid within 30 days after invoicing. If a payment is not made within the allotted time, the county may levy an additional late charge of 10% of the amount due.
(6) Fines and penalties assessed under this chapter and not paid within the prescribed period of time may be collected in a civil action pursuant to G.S. § 160A-l75(c) . In addition, the county may seek criminal prosecution for a violation of this chapter, which shall constitute a misdemeanor as provided for in G.S. § 160A-176(c).
In addition to the penalties provided herein, the county may recover reasonable attorneys’ fees, court costs, court reporters’ fees and other expenses of litigation by appropriate suit at law against the person found to have been in violation.
(D) Civil penalties.
(1) Any user who is found to have failed to comply with any provisions of this chapter, or the orders, rules, regulations and permits issued hereunder, may be fined up to $10,000 per day per violation.
(2) In determining the amount of the civil penalty, the Director shall consider the following:
(a) The degree and extent of the harm to the natural resources, to the public health, or to public or private property resulting from the violation;
(b) The duration and gravity of the violation;
(c) The effect on ground or surface water quantity or quality or on air quality;
(d) The cost of rectifying the damage;
(e) The amount of money saved by noncompliance;
(f) Whether the violation was committed willfully or intentionally;
(g) The prior record of the violator in complying or failing to comply with the pretreatment program;
(3) Appeals of civil penalties assessed m accordance with this section shall be as provided in § 51.72(E).
(E) Other available remedies. In addition to those previously mentioned in this chapter, remedies are available to the Director, who may use any single one or combination against a noncompliant user. Additional available remedies include, but are not limited to:
(1) Injunctive relief. Whenever a user is in violation of the provisions of this chapter, or an order or permit issued hereunder, the Director, through the County Attorney, may petition the Superior Court of Justice for the issuance of a restraining order or a preliminary and permanent injunction that restrains or compels the activities in question.
(2) Public nuisances. Any violation of the prohibitions or effluent limitations of this chapter, or of a permit or order issued hereunder, is hereby declared a public nuisance and shall be corrected or abated as directed by the Director. Any person(s) creating a public nuisance shall be subject to the provisions of the county code governing such nuisances.
(F) Remedies nonexclusive. The remedies provided for in this chapter are not exclusive. The Director may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the county’s enforcement response plan. However, the Director may take other action against any user when the circumstances warrant. Further, the Director is empowered to take multiple and escalated enforcement action(s) against any noncompliant user.
(G) Annual publication of significant noncompliance. At least annually, the Director shall publish, in the largest daily newspaper circulated in the service area, a list of those industrial users found to be in significant noncompliance (as defined in § 51.02), also referred to as reportable noncompliance in 15A NCAC 2H.0903(b)(10), with applicable pretreatment standards and requirements during the previous 12 months.
(Ord. passed 9-9-08; Ord. passed 4-22-24)