(A) The town may suspend the wastewater treatment service and/or a wastewater permit when the 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 P.O.T.W., 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 reoccurrence 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 reoccur. 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:
(1) The North Carolina Department of Natural Resources and Community Development, Division of Environmental Management, under provisions of G.S. § 143-215.6(A) through 143-215.6(C); or
(2) 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 reoccurrence are not adequate.
(1983 Code, § 17-130) (Ord. passed 9-13-1988) Penalty, see § 52.999