§ 38-224. Enforcement.

(a)

Administrative remedies.

(1)

Notification of violation. Whenever the POTW director/superintendent finds that any industrial user has violated or is violating this article, a wastewater permit or any prohibition, limitation or requirements contained therein, or any other pretreatment requirement, the POTW director/superintendent may serve upon such a person a written notice stating the nature of the violation. Within 30 days from the date of this notice, an explanation for the violation and a plan for the satisfactory correction thereof shall be submitted to the city by the 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.

(2)

Consent orders. The POTW director/superintendent is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the person responsible for the noncompliance. Such orders will include specific action to be taken by the discharger 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 (a)(4) of this section.

(3)

Show cause hearing.

a.

The POTW director/superintendent may order any industrial user who causes or is responsible for an unauthorized discharge, has violated this article or is in noncompliance with a wastewater discharge permit to show cause why a proposed enforcement action should not be taken. If the POTW director/superintendent determines that a show cause order should be issued, a notice shall be served on the user specifying the time and place for the hearing, the proposed enforcement action, the reasons for such action, and a request that the 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 days before the hearing. Service may be made on any agent or officer of a corporation.

b.

The POTW director/superintendent shall review the evidence presented at the hearing and determine whether the proposed enforcement action is appropriate.

c.

A show cause hearing under this section is not a prerequisite to the assessment of a civil penalty under subsection (b) of this section, nor is any action or inaction taken by the POTW director/superintendent under this section subject to an administrative appeal under section 38-310.

(4)

Administrative orders. When the POTW director/superintendent finds that an industrial user has violated or continues to violate this article, permits or orders issued under this article, or any other pretreatment requirement, the POTW director/superintendent may issue an order to cease and desist all such violations and direct those persons in noncompliance 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 unless adequate treatment facilities, devices or other related appurtenances are installed and properly operated within a specified time period.

(5)

Emergency suspensions.

a.

The POTW director/superintendent may suspend the wastewater treatment service and/or wastewater 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 non-discharge permit.

b.

Any user notified of a suspension of the wastewater treatment service and/or the wastewater permit shall immediately stop or eliminate the contribution. A hearing will be held within 15 days of the notice of suspension to determine whether the suspension may be lifted or the user's waste discharge permit terminated. In the event of a failure to comply voluntarily with the suspension order, the POTW director/superintendent shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The POTW director/superintendent shall reinstate the wastewater permit and the wastewater treatment service upon proof of the elimination of the noncompliant discharge. The industrial user shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the POTW director/superintendent prior to the date of the hearing described in this subsection.

(6)

Termination of permit or permission to discharge. The POTW director/superintendent 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 his discharge;

b.

Failure to report significant changes in operations, or wastewater constituents and characteristics;

c.

Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or

d.

Violation of conditions of the permit or permission to discharge, conditions of this article, or any applicable state and federal regulations.

Noncompliant industrial users will be notified of the proposed termination of their wastewater permit and will be offered an opportunity to show cause under subsection (a) of this section why the proposed action should not be taken.

(b)

Other available remedies. Remedies in addition to those otherwise mentioned in this article are available to the POTW director/superintendent, who may use any single one or a combination against a noncompliant user. Additional available remedies include but are not limited to the following:

(1)

Criminal violations. The district attorney for the 11th Judicial District may, at the request of the city, prosecute noncompliant users who violate the provisions of G.S. 143-215.6B. Under state law, it is 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 to 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 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 G.S. ch. 143, art. 21 (G.S. 143-215.6B (i)).

(2)

Injunctive relief. Whenever a user is in violation of the provisions of this article or an order or permit issued under this article, the POTW director/superintendent, 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 or compels the activities in question.

(3)

Water supply severance. Whenever an industrial user is in violation of the provisions of this article or an order or permit issued under this article, 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.

(4)

Public nuisances. Any violation of the prohibitions or effluent limitations of this article, or 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/superintendent. Any person creating a public nuisance shall be subject to the provisions of chapter 16 governing such nuisances, including reimbursing the POTW for any costs incurred in removing, abating or remedying the nuisance.

(c)

Remedies nonexclusive. The remedies provided for in this article are not exclusive. The POTW director/superintendent may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city's enforcement response plan. However, the POTW director/superintendent may take other action against any user when the circumstances warrant. Further, the POTW director/superintendent is empowered to take more than one enforcement action against any noncompliant user.

(d)

Civil penalties.

(1)

Any user who is found to have failed to comply with any provision of this article, or the orders, rules, regulations and permits issued under this article, may be assessed a civil penalty of up to $25,000.00 per day per violation.

(2)

Penalties between $10,000.00 and $25,000.00 per day per violation may be assessed against a violator only if:

a.

For any class of violation, only if a civil penalty has been imposed against the violator with in the five years preceding the violation; or

b.

In the case of failure to file, submit, or make available, as the case may be, any documents, data, or reports required by this article, or the orders, rules, regulations and permits issued hereunder, only if the POTW director/superintendent determines that the violation was intentional and a civil penalty has been imposed against the violator within the five years preceding the violation.

(3)

In determining the amount of the civil penalty, the POTW director/superintendent 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 groundwater 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.

(4)

Appeals of civil penalties assessed in accordance with this section shall be as provided in section 38-310.

(Ord. No. 2008-52, 9-16-2008; Ord. No. 2013-01, 1-15-2013)