(A) The Water Resources Director may suspend, revoke, or modify a permit, which action shall be effective thirty (30) days after service of a notice stating good cause. Good cause includes:
(1) Violation of a permit;
(2) Obtaining a permit by misrepresentation or failure to disclose fully all relevant facts;
(3) Refusal of the permittee or its contractors, agents, or employees to allow authorized employees of the City, upon presentation of credentials, to inspect or observe any work authorized or required by the permit;
(4) Mistake in the issuance of a permit;
(5) Failure to pay all applicable City fees;
(6) Failure to comply with the terms and conditions of a permit;
(7) Failure to provide financial guarantees; or
(8) Inadequate utility system capacity.
(B) The Water Resources Director may issue a "stop work order" to any person who violates the provisions of this chapter, the rules or orders adopted or issued pursuant hereto, or the terms, conditions or provisions of a permit issued under the authority of this chapter. A stop work order may be enforced by any of the means provided by the section.
(C) The Water Resources Director may assess a civil penalty of not more than twenty-five thousand dollars ($25,000.00) against any person who is required but fails to apply for or to secure a permit or who violates or fails to act in accordance with the terms, conditions, or requirements of a permit, or otherwise violates this chapter. If any action or failure to act for which a penalty may be assessed under this chapter is continuous, the Water Resources Director may assess a penalty not to exceed twenty-five thousand dollars ($25,000.00) per day for so long as the violation continues. Penalties up to the maximum authorized may be based on any one of or a combination of the following factors:
(1) The degree and extent of harm to the natural resources of the state, to the public health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity 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 programs over which the Council has regulatory authority; and
(8) The cost to the City of the enforcement procedures.
The Water Resources Director shall serve each person assessed a civil penalty with a notice of the assessment and the specific reasons therefore by registered or certified mail, or by any means authorized by G.S. IA-1, Rule 4. The penalty shall be due thirty-five (35) days after the date of the notice.
(D) Consistent with the limitations in subsection (C), requests to remit a civil penalty may be resolved by the City Manager. Requests for remission of civil penalties shall be served on the Water Resources Director. Remission requests shall not be considered unless served within thirty (30) days of the date of service of the notice of assessment of civil penalty. Remission requests must be accompanied by a waiver of the right to an administrative review hearing of the penalty and a stipulation of the facts on which the assessment was based. In determining whether a remission request will be approved, the City Manager shall consider the following factors:
(1) Whether one or more of the civil penalty assessment factors in subsection (C) was wrongly applied to the detriment of the petitioner;
(2) Whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) Whether the violation was inadvertent or a result of an accident;
(4) Whether the violator had been assessed civil penalties for any previous violations; or
(5) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
The City Manager may remit the entire amount of the penalty only when neither the commission nor any other entity, in its capacity of administering a general permit program pursuant to G.S. § 143-215.1(1), has assessed the violator a civil penalty for a previous violation, and when payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
(E) The City Manager is authorized to seek equitable relief, including injunctive relief, to prevent violations of the terms of a permit or of this chapter. The City Manager is authorized to commence civil actions to collect civil penalties or to seek equitable relief in any appropriate division of the general courtof justice in any appropriate county. To the extent allowed by law, the procedures and remedies of civil penalties and actions, including equitable relief, may be used in combination or singly. The City Manager shall not commence a civil action to collect a civil penalty until the administrative review has been completed or the time period for requesting administrative review has past with no request.
(F) Pursuant to N.C. G.S. § 160A-175 and in addition to other remedies provided by law, violations of this ordinance shall be subject to criminal sanctions as set out in Chapter 10 § 10.99(A) of the Monroe Code of Ordinances.
(G) The Water Resources Director or a local health director shall have the authority provided in G.S. § 130A-20 with respect to imminent hazards.
(Ord. O-2004-34, passed 10-5-04)