§ 25-208. Enforcement.
(a)
Administrative remedies.
(1)
Notification of violation. Whenever the POTW director finds that any POTW user has violated or is violating this article, the POTW director may serve upon such a person a written notice stating the nature of the violation. The POTW director may require within thirty (30) days from the date of this notice or shorter period of time specified in the notice, an explanation for the violation and a plan for the satisfactory correction thereof shall be submitted to the city by the POTW user. Submission of this plan does not relieve the discharger of liability for any violations occurring before or after receipt of the notice of violation. The service of a notice of violation is not a prerequisite to the assessment of a civil penalty under subsection 25-208(b) or to any other enforcement action nor is any action or inaction by the POTW director under this subsection 25-208(a)(1) subject to an administrative appeal under section 25-210.
(2)
Consent orders. The POTW director may, at his discretion, enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with a person responsible for noncompliance. Such orders will include specific action to be taken by the person to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as an administrative order issued pursuant to [subsection] 25-208(a)(4).
(3)
Show cause hearing. The POTW director may order any POTW user who has violated this article to show cause why a proposed enforcement action should not be taken. In the event the POTW director determines that a show cause order should be issued, a notice shall be served on the POTW user specifying the time and place for the hearing, the proposed enforcement action, the reasons for such action, and a request that the POTW user show cause why this proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days before the hearing. Service may be made on any agent or officer of a corporation.
The POTW director shall review the evidence presented at the hearing and determine whether the proposed enforcement action is appropriate.
A show cause hearing under this section is not a prerequisite to the assessment of a civil penalty under subsection 25-208(b) or any other enforcement action except for the following: termination of wastewater discharge permit or termination of permission to discharge as provided in subsection 25-208(a)(6). Action or inaction by the POTW director under this subsection 25-208(a)(3) is not subject to an administrative appeal under section 25-210.
(4)
Administrative orders. When the POTW director finds that a POTW user has violated or continues to violate this article, the POTW director may issue an order to cease and desist all such violations and direct the responsible person to do any of the following:
a
Immediately comply with all requirements;
b.
Comply in accordance with a compliance time schedule set forth in the order;
c.
Take appropriate remedial or preventive action in the event of a continuing or threatened violation;
d.
Disconnect water and sewer service unless adequate treatment facilities, devices or other related appurtenances are installed and properly operated within a specified time period.
(5)
Emergency suspensions. The POTW director may suspend a POTW user's sewer service or wastewater discharge permit when such suspension is necessary 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 or the environment, interferes with the POTW or causes the POTW to violate any condition of its NPDES or nondischarge permit.
Any POTW user notified of a suspension of sewer service or wastewater discharge permit shall immediately stop or eliminate any and all discharges to the POTW. A hearing will be held within fifteen (15) days of the notice of suspension to determine whether the suspension may be lifted. Prior to the date of the hearing, the POTW user shall submit to the POTW director a detailed written statement describing the causes of the conditions that prompted the suspension and the measures taken to prevent any future occurrence. In the event of a failure to comply voluntarily with a suspension order, the POTW director shall take such steps as deemed necessary including immediate severance of the sewer connection, to prevent or minimize damage to the POTW or endangerment to any individuals. The POTW director shall reinstate a wastewater discharge permit or sewer service upon proof satisfactory to the POTW director of the elimination of the conditions that prompted the suspension.
(6)
Termination of wastewater discharge permit or permission to discharge. The POTW director may revoke a wastewater discharge permit or permission to discharge for good cause, including, but not limited to, the following reasons:
a.
Failure to accurately report the wastewater constituents and characteristics of a discharge;
b.
Failure to report significant changes in operations, or wastewater constituents and characteristics;
c.
Refusal of reasonable access to the POTW user's premises for the purpose of inspection or monitoring;
d.
Failure to timely pay for water or sewer service; or
e.
Other violation of this article or any applicable state and federal regulations.
POTW users will be notified of the proposed termination of their wastewater discharge permit or permission to discharge and will be offered an opportunity to show cause under subsection 25-208(a)(3) why the proposed action should not be taken.
(b)
Civil penalties.
(1)
If the POTW director finds that a POTW user has failed to comply with this article, including failure to comply with an order, rule, or permit issued hereunder, the POTW director may assess a civil penalty of up to twenty-five thousand dollars ($25,000.00) per day per violation.
(2)
In determining the amount of the civil penalty, the POTW director shall consider the following:
a.
The degree and extent of the harm to the natural resources, to the public health, or to public or private property resulting from the violation;
b.
The duration and gravity of the violation;
c.
The effect on ground or surface water quantity or quality or on air quality;
d.
The cost of rectifying the damage;
e.
The amount of money saved by noncompliance;
f.
Whether the violation was committed willfully or intentionally;
g.
The prior record of the violator in complying or failing to comply with the pretreatment program;
h.
The costs of enforcement to the city.
(3)
Appeals of civil penalties assessed in accordance with this section shall be as provided in section 25-210.
(c)
Other available remedies. Remedies provided by statute, rule, or ordinance, are available to the POTW director who may use any single one (1) or combination against a noncompliant POTW user. Available remedies include, but are not limited to:
(1)
Criminal penalties. The district attorney for the applicable judicial district may, at the request of the city, bring criminal prosecutions alleging violation of the provisions of G.S. 143-215.6B, the provisions of which, among other things, make it 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 article 21 of chapter 143 of the General Statutes (G.S. 143-215.6B(i)). Other criminal prosecutions may also be brought at the request of the city pursuant to state laws and this Code of Ordinances.
(2)
Injunctive relief. Whenever a POTW user is in violation of this article, including violation of an order or permit issued under this article, the POTW director, through the city attorney, may petition the superior court of justice for the issuance of a restraining order or a preliminary and permanent injunction which restrains the violation of this article or compels compliance with this article.
(3)
Water service severance. Whenever a POTW user is in violation of this article, including an order or permit issued under this article, water service to the POTW user may be severed and service will only recommence, at the POTW user's expense, after the POTW user has demonstrated to the satisfaction of the POTW director that the POTW user has established compliance with this article.
(4)
Public nuisances. Any violation of the prohibitions or effluent limitations of this article, including violation of a permit or order issued under this article, 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 ordinances of the city except the appeals procedures of chapter 14 and shall be subject to the laws of North Carolina governing such nuisances. Any person creating a public nuisance shall reimburse the city for any costs incurred by the city in removing, abating or remedying such nuisance.
(d)
Remedies nonexclusive. The remedies provided for in this Code and in this chapter are not exclusive. The POTW director may take any, all, or any combination of enforcement actions against a noncompliant POTW user.
(e)
Enforcement response plan. If an enforcement action is brought against an industrial user, the enforcement will generally follow the current enforcement response plan approved by the POTW director and the division of water resources.
(f)
Penalties for falsifying information. Any person who knowingly makes a false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article or a wastewater discharge permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this article shall, upon conviction, be punished by a fine of not more than twenty-five thousand dollars ($25,000.00) or by imprisonment for up to one (1) year, or both.
(Ord. No. 2013-35, § 3, 8-20-13)