(A) Remedies, in addition to those previously provided in this subchapter, are available to the POTW Director, who may use any single one or combination against a non-compliant user.
(B) Additional remedies include, but are not limited to, the following.
(1) Town Attorney to take action. If any person violates this chapter or any order or permit issued hereunder or any other pretreatment requirement, the POTW Director, through the Town Attorney, may commence an action for appropriate legal and/or equitable relief in the General Court of Justice for Duplin County.
(2) Criminal violations. The district attorney for the 27A Judicial District may, at the request of the town, prosecute non-compliant users who violate the provisions of G.S. § 143-215.6B.
(3) 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 General Court of Justice for the issuance of a temporary restraining order, preliminary or permanent injunction or both as may be appropriate, which restrains or compels the activities in question.
(4) Violation of ordinance declared a public nuisance. 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(s) creating a public nuisance shall be subject to the provisions of state law and the town ordinances governing such nuisances, including reimbursing the POTW for any costs incurred in removing, abating or remedying said nuisance.
(5) Remedies non-exclusive. The remedies provided for herein are not exclusive. The POTW Director may take any, all or any combination of these actions against a non-compliant user. Enforcement of pretreatment violations will generally be in accordance with the town’s enforcement response plan. However, the POTW Director may take other action against any user when the circumstances warrant.
(Ord. passed 10-14-2021)
Statutory reference:
Related provisions, see G.S. § 143-215.6B