(A) Administrative remedies.
(1) Notification of violation. Whenever the POTW Director finds that any industrial user has violated or is violating this article, wastewater permit, or any prohibition, limitation or requirements contained therein, or any other pretreatment requirement, the POTW Director may serve upon that person a written notice stating the nature of the violation. Within 30 days from the date of this notice, the user shall submit to the town an explanation for the violation and a plan for its satisfactory correction. Submission of this plan does not relieve the discharger of liability for any violations occurring before or after receipt of the notice of violation.
(2) Consent orders. The Town Manager is hereby authorized to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the person responsible for the noncompliance. The orders will include specific action to be taken by the discharger to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as an administrative order issued pursuant to subsection (A)(4) below.
(3) Show cause hearing.
(a) The POTW Director may order any industrial user who causes or is responsible for an unauthorized discharge, has violated this article, or is in noncompliance with a wastewater discharge permit, to show cause why a proposed enforcement action should not be taken. In the event the POTW Director determines that a show cause order should be issued, a notice shall be served on the user, specifying the time and place for the hearing, the proposed enforcement action, the reasons for the action, and a request that the user show cause why this proposed enforcement action should not be taken. The notice of the hearing shall be served personally, or by registered or certified mail (return receipt requested), at least ten days before the hearing. Service may be made on any agent or officer of a corporation.
(b) The POTW Director shall review the evidence presented at the hearing and determine whether the proposed enforcement action is appropriate.
(c) A show cause hearing under this section is not a prerequisite to the assessment of a civil penalty under subsection (B), Civil penalties below, nor is any action or inaction taken by the POTW Director under this section subject to an administrative appeal under § 6-2.10 Adjudicatory hearings.
(4) Administrative orders. When the POTW Director finds that an industrial user has violated or continues to violate this article, permits or orders issued hereunder, or any other pretreatment requirement, the POTW Director may issue an order to cease and desist all violations, and direct those persons in noncompliance to do any of the following:
(a) Immediately comply with all requirements;
(b) Comply in accordance with a compliance time schedule set forth in the order;
(c) Take appropriate remedial or preventive action in the event of a continuing or threatened violation; and
(d) Disconnect, unless adequate treatment facilities, devices or other related appurtenances are installed and properly operated within a specified time period.
(5) Emergency suspensions.
(a) The POTW Director may suspend the wastewater treatment service and/or wastewater permit, when the suspension is necessary in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment, interferes with the POTW, or causes the POTW to violate any condition of its NPDES or non-discharge permit.
(b) Any user notified of a suspension of the wastewater treatment service and/or the wastewater permit shall immediately stop or eliminate the contribution. A hearing will be held within 15 days of the notice of suspension to determine whether the suspension may be lifted, or the user's waste discharge permit terminated. In the event of a failure to comply voluntarily with the suspension order, the POTW Director shall take steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The POTW Director shall reinstate the wastewater permit and the wastewater treatment service upon proof of the elimination of the non-compliant discharge. The industrial user shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the POTW Director prior to the date of the above-described hearing.
(6) Termination of permit or permission to discharge.
(a) The POTW Director may revoke a wastewater discharge permit or permission to discharge for good cause, including but not limited to, the following reasons:
1. Failure to accurately report the wastewater constituents and characteristics of his or her discharge;
2. Failure to report significant changes in operations or wastewater constituents and characteristics;
3. Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or
4. Violation of conditions of the permit or permission to discharge, conditions of this article, or any applicable state and Federal regulations.
(b) Non-compliant industrial users will be notified of the proposed termination of their wastewater permits and will be offered an opportunity to show cause under this subsection(A) why the proposed action should not be taken.
(B) Civil penalties.
(1) Any user who is found to have failed to comply with any provision of this article, or the orders, rules, regulations and permits issued hereunder, may be fined up to $25,000 per day per violation.
(a) 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 article, 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 quantity or quality, or on air quality;
4. The cost of rectifying the damage;
5. The amount of money saved by noncompliance;
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.
(2) Continuing violations of § 6-2.2(I) Pretreatment of wastewater will be subject to fines of $500 per day until corrections are made and there are no other violations of that division.
(3) Appeals of civil penalties assessed in accordance with this section shall be as provided in § 6-2.10 Adjudicatory hearings.
(C) Other available remedies. In addition to those previously mentioned in this chapter, remedies are available to the POTW Director, who may use any single one or combination against a non- compliant user. Additional available remedies include, but are not limited to:
(1) Criminal violations. The District Attorney for the applicable judicial district may, at the request of the town, prosecute non-compliant users who violate the provisions of G.S. § 143-215.6B. (Note: Under state law, it is a crime to negligently violate any term, condition or requirement of a pretreatment permit, or negligently fail to apply for a pretreatment permit issued by local governments (G.S. § 143-215.6B(f)), to knowingly and willfully violate any term, condition or requirement of a pretreatment permit, or knowingly and willfully fail to apply for a pretreatment permit issued by local governments (G.S. § 143-215.6B(g)), to knowingly violate any term, condition or requirement of a pretreatment permit issued by local governments, or knowingly fail to apply for a pretreatment permit, knowing at the time that a person is placed in imminent danger of death or serious bodily injury (G.S. § 143-2I5.6B(h)), and to falsify information required under G.S. Ch. 143, Art. 21 (G.S. § 143-215.6B(i)).
(2) Injunctive relief. Whenever a user is in violation of the provisions of this article or an order or permit issued hereunder, the Town Manager, on the recommendation of the POTW Director, may direct the Town Attorney to petition the superior court for the issuance of a restraining order or a preliminary and permanent injunction which restrains or compels the activities in question.
(3) Water supply severance. Whenever an industrial user is in violation of the provisions of this article, or an order or permit issued hereunder, water service to the industrial user may be severed, and service will only recommence, at the user's expense, after it has satisfactorily demonstrated ability to comply.
(4) 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 Town Manager on the recommendation of the POTW Director. Any person(s) creating a public nuisance shall be subject to the provisions of the appropriate ordinances of the town governing the nuisances, including reimbursing the POTW for any costs incurred in removing, abating or remedying the nuisance.
(D) Remedies non-exclusive. 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 non-compliant user. Enforcement of pretreatment violations will generally be in accordance with the town's enforcement response plan. 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 one enforcement action against any noncompliant user.
(2003 Code, § 6-2.8) (Adopted 4-26-1994; Amended 7-3-2007; Amended 7-1-2014; Amended 12-3-2019)