(A) Any user who is found to have failed to comply with any provision of this division, or the orders, rules, regulations, and permits issued hereunder, may be fined up to $25,000 per day per violation. Penalties between $10,000 and $25,000 per day per violation may be assessed against a violator only if:
(1) For any class of violation, only if a civil penalty has been imposed against the violator within the five years preceding the violation; or
(2) In the case of failure to file, submit, or make available, as the case may be, any documents, data, or reports required by this division, or the orders, rules, regulations, and permits issued hereunder, only if the POTW Director determines that the violation was intentional, and a civil penalty has been imposed against the violator within the five years preceding the violation.
(B) In determining the amount of the civil penalty, the POTW Director shall consider the following:
(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 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, with the pretreatment program; and
(8) The costs of enforcement to the town.
(C) Appeals of civil penalties assessed in accordance with this section shall be as provided in § 21-336(I).
(Ord. 33-2002, passed 10-21-2002; Ord. 29-2008, passed 10- -2008)
Statutory reference:
Civil penalty assessments, G.S. § 143-215.6A.