Remedies, in addition to those 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:
(A) Criminal violation. The District Attorney for the county judicial district may, at the request of the town, prosecute noncompliant users who violate the provisions of this chapter;
(B) 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 Division of the General Court of Justice for the issuance of a restraining order or a preliminary and permanent injunction, which restrains or compels the activities in question;
(C) 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 it has satisfactorily demonstrated ability to comply; and
(D) 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(s) creating a public nuisance shall be subject to the provisions of the town code of ordinances, Chapter 93 governing such nuisances, including reimbursing the POTW for any costs incurred in removing, abating or remedying said nuisance.
(Ord. 192, passed 10-4-1994)
Statutory reference:
Enforcement procedures: criminal penalties, see G.S. § 143-215.6B