§ 50.999  PENALTY.
   (A)   Civil penalties.
      (1)   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 up to $10,000 per day per violation.  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 sewer 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)   In determining the amount of the civil penalty, the POTW Director shall consider the following:
         (a)   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;
         (b)   The duration and gravity of the violation;
         (c)   The effect on ground or surface water quantity or quality or on air quality;
         (d)   The cost of rectifying the damage;
         (e)   The amount of money saved by noncompliance;
         (f)   Whether the violation was committed willfully or intentionally; and
         (g)   The costs of enforcement to the town.
      (3)   The Town of Maggie Valley may apply not only the penalties specified in this chapter, but also may use any of the enforcement procedures specified in G.S. § 160A-175.
   (B)   Other available remedies.  Remedies, in addition to those previously mentioned in this chapter, are available to the POTW Director who may use any single one or combination against a noncompliant user.  Additional available remedies include, but are not limited to:
      (1)   Criminal violations.  The town may request prosecution of noncompliant users who violate the provisions of this chapter through the General Court of Justice for Haywood County;
      (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 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)   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 any town ordinance governing the nuisances and all provisions of G.S. § 160A-175 governing the nuisances, including reimbursing the POTW for any costs incurred in removing, abating, or remedying the nuisance;
      (4)   Penalties for false information.  Any person who knowingly makes false statements, representations, or certifications in any application, record, plan, or other document filed 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 of not more than $10,000 or by imprisonment for not more than 6 months, or both; and
      (5)   Water supply severance.  Whenever a POTW user is in violation of the provisions of this chapter or an order or permit issued hereunder, water service to the user may be severed and service will only recommence, at the user’s expense, after it has satisfactorily demonstrated ability to comply.
   (C)   Remedies nonexclusive.  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 enforcement response plan of the town.  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. 256, passed 4-17-2001)