(A) Generally. Any user who is found to have failed to comply with any provision of this chapter, or the orders, rules, regulations and permits issued hereunder, may be fined in an amount as set by the Board from time to time for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. The assessments shall be added to the user’s next scheduled service charges and the town shall have the remedies for the collection of the assessments as it has for collection of other service charges.
(1) Civil penalties. Any user who is found to have failed to comply with any provision of this chapter, or the orders, rules, regulations and permits issued hereunder, shall be fined in an amount as set by the Board from time to time for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. The assessments may be added to the user’s next scheduled service charges and the POTW shall have the remedies for the collection of the assessments as it has for collection of other service charges.
(2) Criminal violations. Any user who is found to have failed to comply with any provision of this chapter, or the orders, rules, regulations and permits issued hereunder, shall be, upon conviction, guilty of a misdemeanor, punishable by a fine or imprisonment or both as provide in G.S. § 14-4.
(B) Penalties for falsifying information. Any person who knowingly makes any false statements, representatives or certifications in any application, record, report plan or other document files or required to be maintained pursuant to this chapter, or wastewater permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter, shall, upon conviction, be punished by a fine in an amount as set by the Board from time to time or by imprisonment for not more than six months, or by both.
(C) Civil penalties. Any person who violates this chapter or any order or permit issued hereunder, shall be liable to the town for a civil penalty of in an amount as set by the Board from time to time, plus actual damages incurred by the town, per violation per day so long as the violation continues. In addition to the above-described penalty and damages, the town may recover attorney’s fees, court costs and other expenses of the enforcement litigation. The town’s Director may petition the court to impose, assess and recover the sums. In determining that amount, the court shall take into account all relevant circumstances, including but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained by the user and any other factor which justice requires.
(Ord. passed 5-9-2000)