(A) Remedies, in addition to those previously mentioned herein, are available to the POTW Director who may use any single one or combination against a noncompliant user.
(B) Additional available remedies include, but are not limited to:
(1) Criminal violations. The District Attorney for Judicial District 22 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. § 143-215.6B(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. § 143-215.6B(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. § 143-215.6B(h)); and to falsify information required under G.S. Chapter 143, Article 21 (G.S. 143-215.6B(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 he or she has satisfactorily demonstrated ability to comply.
(4) Public nuisances. Any violation of the prohibitions or effluent limitations of this chapter or of 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 creating a public nuisance shall be subject to the provisions of the appropriate ordinances of the town governing such nuisances including reimbursing the POTW for any costs incurred in removing, abating, or remedying said nuisance.
(Prior Code, § 28-329) (Ord. 11-00, passed 9-7-2000)
Statutory reference:
Related provisions, see G.S. §§ 143-215.6B and 143-215.6B(f) through 143-215.6B(i) and Chapter 143, Article 21