(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 $25,000 per day, per violation. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. Such assessments may be added to the user’s next scheduled sewer service charges and the POTW shall have such remedies for the collection of such assessments as it has for collections 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;
(g) The prior record of the violator in complying or failing to comply with the pretreatment program; and
(h) The costs of enforcement to the town.
(3) Appeals of civil penalties assessed in accordance with this section shall be as provided in § 52.051(I).
(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 District Attorney for this judicial district may, at the request of the town, prosecute noncompliant users who violate the provisions of G.S. § 143-215.6B. 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- 215.613(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. § 143-215.68(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- 215.613(h)), and to falsify information required under G.S. Chapter 143, Article 21 (G.S. § 143- 215.613(i));
(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, through the Town Attorney, 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) Water supply severance. Whenever an industrial user is in violation of the provisions of this chapter 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 the user has satisfactorily demonstrated ability to comply; and
(4) Public nuisances. Any violation of the prohibitions or effluent limitations of this chapter or contained in 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 the G.S. § 160A-175 governing such nuisances, including reimbursing the POTW for any costs incurred in removing, abating, or remedying said nuisance.
(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 one enforcement action against any noncompliant user.
(Prior Code, § 5-2008)
(E) General penalty. Any person, firm or corporation violating any of the provisions of any section or division of this chapter for which no other penalty is provided, or failing or neglecting or refusing to comply with same, shall, upon conviction, be guilty of a Class 3 misdemeanor and subject to a fine in the amount of $500, or as specified in the then-current fees, rates and charges schedule adopted as part of the town’s annual operating budget; except, that where state law provides specific remedies for violations of provisions of this code adopted pursuant to such statutes, such remedies available to the town for enforcement of this code shall be in addition to the remedies hereinafter stated.
(Prior Code, § 5-2014) (Ord. passed - -; Ord. passed 6- -2004; Ord. passed - -; Ord. 7-2021, passed - -)