If any person violates this regulation, or any order or permit issued hereunder, or any other pretreatment requirement, the POTW Director, through the City Attorney, may commence an action for appropriate legal and/or equitable relief in the Superior Court of Justice for Wayne County.
(A) Criminal Violations. The District Attorney for the Wayne County Judicial District may, at the request of the city, prosecute non-compliant 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 G.S. Article 21 of Chapter 143 (G.S. 143-215.6B(i).]
(B) Injunctive relief. Whenever an industrial user is in violation of the provisions of this regulation 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 preliminary or permanent injunction, or both as may be appropriate, which restrains or compels the activities in question. In the event the POTW chooses to correct the violation itself, the cost of such correction may be added to the next scheduled sewer service charge payable by the person(s) causing the violation. The POTW shall have such remedies for the collection of such costs as it has for the collection or other sewer service charges.
(Ord. 1994-79, passed 11-21-94)