Remedies, in addition to those previously mentioned in this division, are available to the POTW Director who may use any single one or combination against a noncompliant user. Additional available remedies include, but are not limited to:
(A) Criminal violations. The District Attorney for the Judicial District 17A may, at the request of the city, prosecute noncompliant users who violate the provisions of G.S. § 143-215.6B. (Note: Under North Carolina law, it is a crime to negligently violate any term, condition, or requirement of a pretreatment permit, or negligently fail to apply for a pretreatment permit, issued by local governments (G.S. § 143-215.6B(f)), to knowingly and willfully violate any term, condition, or requirement of a pretreatment permit, or knowingly and willfully fail to apply for a pretreatment permit, issued by local governments (G.S. § 143 215.6B(g)), to knowingly violate any term, condition, or requirement of a pretreatment permit issued by local governments, or knowingly fail to apply for a pretreatment permit, knowing at the time that a person is placed in imminent danger of death or serious bodily injury, (G.S. § 143-215.6B(h)), and to falsify information required under Article 21 of Chapter 143 of the General Statutes (G.S. § 143 215.6B(I)).)
(B) Injunctive relief. Whenever a user is in violation of the provisions of this division or an order or permit issued hereunder, the POTW Director, through the City Attorney, may petition the Superior Court of Justice for the issuance of a restraining order or a preliminary and permanent injunction which restrains or compels the activities in question.
(C) Water supply severance. Whenever an industrial user is in violation of the provisions of this division or an order or permit issued hereunder, water service to the industrial user may be severed and service will only recommence, at the users expense, after it has satisfactorily demonstrated ability to comply.
(D) Public nuisances. Any violation of the prohibitions or effluent limitations of this division or of a permit or order issued hereunder, is hereby declared a public nuisance and shall be corrected or abated as directed by the POTW Director. Any person(s) creating a public nuisance shall be subject to the provisions of the Unified Development Ordinance “Conditions Constituting Public Nuisances” governing such nuisances, including reimbursing the POTW for any costs incurred in removing, abating or remedying said nuisance.
(E) Sewage charges. If it is determined that water from a special use water meter is being returned to the City’s wastewater collection system, the Director of Finance and Personnel may assess sewage charges on all water billed through the meter from the date of service. Charges beyond current available billing records shall be based on using the billing and consumption information from current available billing records.
(Ord. passed 5-17-94; Am. Ord. passed 3-18-03)