(A) The Director of the POTW is empowered through G.S. § 143-215.6A and this chapter to take a wide variety of enforcement actions. The following is a list of those actions and the corresponding section of this chapter that describes each corresponding sections from the NC model SUO are listed as well.
Local SUO Section | NC Model SUO Section |
Local SUO Section | NC Model SUO Section | |
Notice of violation | 52.125(A) | 8.1(a) |
Consent orders | 52.125(B) | 8.1(b) |
Show cause hearing | 52.125(C) | 8.1(c) |
Administrative orders | 52.125(D) | 8.1(d) |
Emergency suspensions | 52.125(E) | 8.1(e) |
Termination of permit | 52.125(F) | 8.1(f) |
Civil penalties | 8.2 | |
Injunctive relief | 52.126(B),(C) | 8.3(b) |
Water supply severance | 52.126(C)(3) | 8.3(c) |
(B) In addition to the actions in division (A), 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.
(C) In determining the amount of civil penalties for a particular violation, the Director shall consider the following factors outlined in § 52.999, (NC model SUO Section 8.2):
(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;
(8) The costs of enforcement to the POTW.
(D) Adjudicatory hearing procedures regarding permit decisions, civil penalties, and administrative orders may be found in § 52.056(H), (NC Model SUO Section 4.2(h)).
(Ord. passed 7-29-2008)