(A) Any violation of any provision of this chapter, including but not limited to illegal discharge, shall constitute a misdemeanor and subject the violator to a criminal fine of $500 or imprisonment for up to 20 days as provided in G.S. § §14-4 and 15A-1340.23.
(B) Civil penalties imposed for illegal discharge will be as follows:
(1) First time offenders will be assessed a civil penalty of $100 per violation or per day for a continuing violation if the quantity of the discharge is equal to or less than five gallons and consists of domestic or household products. If the quantity of the discharge is greater than five gallons or contains non-domestic substances the offending party will be assessed a civil penalty of $250 per violation or per day for a continuing violation.
(2) Penalties imposed upon repeat offenders willfully committing violations which are identical or substantially similar to previous violations will be double the amount assessed for the prior violation, but will in no event exceed $10,000 per violation or per day for a continuing violation.
(C) All other acts or conditions constituting a violation of this chapter shall subject the offender to a civil penalty of $200.
(D) The assessment of a civil penalty may be appealed as provided in § 158.52.
(E) Each day a violation continues beyond the deadline for voluntary compliance established in the final notice of violation shall constitute a separate and distinct offense for purposes of the penalties and remedies provided herein.
(F) The city may recover, by way of a civil action in the nature of a debt, any civil penalty not paid within 30 days of the violating party's receipt of written notice imposing such penalty, or within 30 days of that party's receiving written notice of a decision of the City Council, or the City Manager if no appeal is taken therefrom, affirming the imposition of the penalty.
(G) In addition to the penalties and fines set forth above, the city may enforce the provisions of this chapter by seeking appropriate equitable remedies from the General Court of Justice, including injunctions and orders of abatement.
(Ord. 2019-O-72, passed 9-10-2019)