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ADMINISTRATION AND ENFORCEMENT
(A) The town may suspend the wastewater treatment service and/or a wastewater permit when such suspension is necessary, in the opinion of the town, 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, to the environment, causes interference to the POTW or causes the town to violate any condition of its N.P.D.E.S. permit.
(B) Any user who discharges wastes in violation of this chapter shall, upon discovery thereof, immediately notify the Director of Water Resources so that the town may take necessary countermeasures to minimize the damage to the town sewer, treatment facilities, treatment processes and receiving waters. The user shall immediately correct the source of the violation. In addition, the user shall, within 15 days of the occurrence, deliver to the Director of Water Resources, a written detailed report describing the cause of the discharge and the measures taken or to be taken to prevent a re-occurrence in the future.
(C) Any user who has an accidental discharge which violates this chapter and who gives notice and report provided for in division (B) above shall be relieved from any civil or criminal penalties unless the violations continue or re-occur. In no case shall the user be relieved from liability to the town for any expenses, loss or damage to the town's sewer system, treatment facility, treatment processes or receiving waters, nor from liability for any fines imposed upon the town by the State Department of Natural Resources and Community Development, Division of Environmental Management, under provisions of G.S. § 143-215.6A et seq.; or the Environmental Protection Agency, under any applicable federal law or regulation, nor from termination of service, suspension or revocation of any discharge permit or injunctive relief if the measures taken or to be taken to prevent a re-occurrence are not adequate.
(Prior Code, § C.2.42)
(A) Penalties and the like for violation of chapter.
(1) Any person (including any responsible officer or employee of a corporate violator) who willfully or negligently violates any provisions of this chapter, or falsifies any information or data in any application, report or other document given to the town under this chapter, shall be guilty of a misdemeanor punishable by a fine or imprisonment, or both, as provided in G.S. § 14-4.
(2) Any person (including any corporation) who violates any provisions of this chapter shall be subject to the imposition by the Town Council of a civil penalty of not less than $200, nor more than $5,000, for each violation, and, in addition, shall reimburse the town, upon demand for any expenses, loss or damage actually sustained by the town to its sewer system, treatment plant, treatment processes or receiving waters as a result of the violation, and for the amount of any fine or penalty imposed upon the town by any state or federal regulatory agency as a result of the violation. A civil penalty shall be assessed only after the town shall have given the alleged violator notice of contemplated Council action and a hearing, if requested. If the offender fails to pay the civil penalty so assessed within 15 days after written notice of final assessment thereof, then the penalty may be recovered by the town in a civil action in the nature of debt.
(Prior Code, § C.2.43)
(B) Injunction and abatement. The violation of this chapter is hereby declared to be a public nuisance, and this chapter may be enforced by injunction and order of abatement in an action instituted in the General Court of Justice, as provided in G.S. § 160A-175.
(Prior Code, § C.2.44)
(C) Termination of service; revocation of permits; issuance of cease and desist orders. If any person violates any provisions of this chapter, the town may:
(1) Terminate water or sewer service, or both, to the property in or upon which the violation occurred;
(2) Suspend for a specified period of time or permanently revoke any permit granted to the user under any provisions of this chapter; or
(3) Issue a cease and desist order directing the user to:
(a) Comply with this chapter forthwith;
(b) Comply with this chapter in accordance with a time schedule set forth by the town;
(c) Take appropriate remedial or preventive action; or
(d) A combination of divisions (C)(3)(b) and (c) above.
(Prior Code, § C.2.45)
(D) Notification of violation. Whenever the town finds that any user has violated or is violating this chapter, wastewater contribution permit, or any prohibition, limitation of requirements contained herein, the town may serve upon the person a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the town by the user.
(Prior Code, § C.2.46)
(E) Show cause hearing. The town may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the Town Council why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the Town Council regarding the violation, the reasons why the action is to be taken, the proposed enforcement action and directing the user to show cause before the Town Council why the 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. The Town Council may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the (assigned department) to:
(1) Issue in the name of the Town Council notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in the hearings;
(2) Take the evidence; and
(3) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Town Council for action thereon.
(Prior Code, § C.2.47)
(F) Testimony. At any hearing held pursuant to this chapter, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.
(Prior Code, § C.2.48)
(G) Order. After the Town Council has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed on existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.
(Prior Code, § C.2.49)