In the event the alleged violator fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within 30 days, or such greater period as the Storm Water Administrator or his/her designee shall deem appropriate, after the Storm Water Administrator or their designee has taken one or more of the actions described above, the Storm Water Administrator or his/her designee may impose a penalty as follows:
(A) Penalties for illicit discharges.
(1) For the first time offenders, if the quantity of the discharge is equal to or less than five gallons and consists of domestic or household products in quantities considered ordinary for household purposes, said person shall be assessed a civil penalty not to exceed $100 per violation or per day for any continuing violation, and if the quantity of the discharge is greater than five gallons or contains non-domestic substances, including but not limited to process waster water, or if said person cannot provide clear and convincing evidence of the volume and nature of the substance discharged, said person shall be assessed a civil penalty not to exceed $1,000 per violation or per day for any continuing violation.
(2) For repeat offenders, the amount of the penalty shall be at a minimum double the amount assessed for the previous penalty, but not to exceed $10,000 per violation per day for any continuing violation.
(3) In determining the amount of the penalty, the Storm Water Administrator or his/her designee shall consider:
(a) The degree and extent of harm to the environment, the public health, and private property;
(b) The cost of remedying the damage;
(c) The duration of the violation;
(d) Whether the violation was willful;
(e) The prior record of the person responsible for the violation in complying or failing to comply with this chapter;
(f) The costs of enforcement to the public; and
(g) The amount of money saved by the violator through their noncompliance.
(B) Penalties for illicit connections.
(1) Any person found with an illicit connection in violation of this chapter and any designer, engineer, contractor, agent, or other person, who allows, acts in concert, participates, directs, or assists directly or indirectly in the establishment of an illicit connection in violation of this chapter, shall be subject to civil penalties as follows:
(a) First time offenders shall be subject to a civil penalty not to exceed $500 per day of continuing violation;
(b) For repeat offenders, the amount of the penalty shall be at a minimum double the amount assessed for the previous penalty, but not to exceed $10,000 per violation or per day for any continuing violation.
(2) In determining the amount of the penalty, the Storm Water Administrator or his/her designee shall consider:
(a) The degree and extent of harm to the environment, the public health, and private property;
(b) The cost of remedying the damage;
(c) The duration of the violation;
(d) Whether the violation was willful;
(e) The prior record of the person responsible for the violation in complying or failing to comply with this chapter;
(f) The costs of enforcement to the public; and
(g) The amount of money saved by the violator through their noncompliance.
(C) Payment/collection procedures. The Storm Water Administrator or their designee shall make written demand for payment upon the person in violation. If the payment is not received or equitable settlement is not reached within 30 days after demand for payment is made, the matter shall be referred to the Town Attorney for institution of a civil action in the name of the Town of Stallings, in the appropriate division of the general court of justice in Union County for recovering the penalty.
(Ord. passed 5-27-2014)