(A) Remedies, in addition to those previously mentioned in this chapter, are available to the POTW Director who may use any single 1 or combination against a noncompliant user. Additional available remedies include, but are not limited to:
(1) Criminal violations. The District Attorney for Robeson County may, at the request of the town, prosecute noncompliant users who violate the provisions of G.S. § 143-215.6B.
(2) Injunctive relief. Whenever a user is in violation of the provisions of this chapter or an order or permit issued hereunder, the POTW Director, through the Town 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.
(3) Water supply severance. Whenever an industrial user is in violation of the provisions of this chapter or an order or permit issued hereunder, water service to the industrial user may be severed and service will only recommence at the user’s expense, after it has satisfactorily demonstrated ability to comply.
(4) 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 POTW Director. Any person(s) creating a public nuisance shall be subject to the provisions of the town’s regulations governing those nuisances, including reimbursing the POTW for any costs incurred in removing, abating or remedying the nuisance.
(B) The remedies provided for in this chapter are not exclusive. The POTW 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 town’s enforcement response plan. However, the POTW Director may take other action against any user when the circumstances warrant. Further, the POTW Director is empowered to take more than 1 enforcement action against any noncompliant user.
(Ord. passed 3-12-2002)