§ 51.02 ENFORCEMENT ACTIONS AVAILABLE TO THE TOWN.

   (A)   The Director of the POTW is empowered through G.S. § 143-215.6A and Chapter 53 to take a wide variety of enforcement actions.

   (B)   The following is a list of those actions and the corresponding section of Chapter 53 that describes each.

Action	Chapter 53 Section
Notice of violation	53.59(A)(1)
Consent orders	53.59(B)
Show cause hearing	53.59(C)
Administrative orders	53.59(D)
Emergency suspensions	53.59(E)
Termination of permit	53.59(F)
Civil penalties	53.59(G)
Injunctive relief	53.59(G)
Water supply severance	53.59(G)

 

   (C)   In addition to the actions listed above, a user who violates the provisions of G.S. § 143-215.6B may be referred by the Director to the District Attorney for possible criminal prosecution.

   (D)   In determining the amount of civil penalties for a particular violation the Director shall consider the following factors from § 53.99:

      (1)   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;

      (2)   The duration and gravity of the violation;

      (3)   The effect on ground or surface water quantity or quality or on air quality;

      (4)   The cost of rectifying the damage;

      (5)   The amount of money saved by non-compliance;

      (6)   Whether the violation was committed willfully or intentionally;

      (7)   The prior record of the violator in complying or failing to comply; and

      (8)   The costs of enforcement to the POTW.

   (E)   Adjudicatory hearing procedures regarding permit decisions, civil penalties and administrative orders may be found in § 53.30(H).

(Ord. passed 9-26-2005)