(A) The Director of the POTW is empowered through G.S. § 143-215.6A and Chapter 52 of this code to take a wide variety of enforcement actions. The following is a list of those actions and the corresponding section of this code that describes each:
(1) Notice of violation: § 52.130(A);
(2) Consent orders: § 52.130(B);
(3) Show cause hearings: § 52.130(C);
(4) Administrative orders: § 52.130(D);
(5) Emergency suspensions: § 52.130(E);
(6) Termination of permit: § 52.130(F);
(7) Civil penalties: § 52.999(A);
(8) Injunctive relief: § 52.999(B); and
(9) Water supply severance: § 52.999(C).
(B) In addition to the actions listed above, 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:
(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; and
(8) The costs of enforcement to the POTW.
(D) Adjudicatory hearing procedures regarding permit decisions, civil penalties and administrative orders may be found in § 52.061(H).
(Ord. passed 2-14-2022) Penalty, see § 55.99