<div class="chunk-title">Sec. 62-75. - Enforcement; penalties for violation of article.</div>
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            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Notice of violation.</span> The county inspector shall issue a notice of violation to any generator or facility
               that treats, stores or disposes of hazardous waste or who fails to comply with any
               or all of the provisions of this article. The notice of violation shall contain a
               description of the violation, the date of inspection, a description of the action
               necessary for correction of the violation and the date that compliance is required.
               The notice shall also specify the amount of civil penalty to be imposed, if any, and
               when payment is due. The notice shall be hand delivered or mailed by certified or
               registered mail, return receipt requested, to the generator or owner, office manager,
               or registered agent of the facility. The county inspector shall sign a statement for
               his file of the date, time and manner of delivery. The failure to comply with the
               notice of violation by taking corrective action may result in revocation of the license
               or permit and/or any of the civil or criminal remedies set forth in this section.
               </p>
            		
            <p class="incr0">
               (b)
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            <p class="content1">
               <span class="ital">Civil penalties and remedies.</span> Civil remedies and penalties are as follows:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Pursuant to the provisions of G.S. 153A-123(a), any person violating any provision
               of this article or conditions of a county license or permit may be subject to a civil
               penalty not to exceed $500.00 each day.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Pursuant to the provisions of G.S. 153A-123(c), the county may file a civil action
               to recover the civil penalty provided for in subsection (b)(1) of this section, if
               the offender does not pay the penalty within the prescribed period as set forth in
               the notice of violation.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               Pursuant to the provisions of G.S. 153A-123(d), the county may seek any appropriate
               equitable relief that it deems necessary to ensure the health, safety and welfare
               of the citizens or the natural resources of the county.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               Pursuant to the provisions of G.S. 153A-123(a), the county may seek an injunction
               when, in the judgment of a county inspector, the facility is creating an imminent
               hazard to the health, safety and welfare of the public.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               <span class="ital">Criminal penalty.</span> Any person violating any provisions of this article or conditions of a county license
               or permit shall be guilty of a Class 3 misdemeanor punishable by a fine of up to $500.00
               or a maximum 30 day's imprisonment as provided in G.S. 14-4.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               <span class="ital">Waiver of enforcement.</span> Waiver of enforcement by the county of any provision of this article shall not prejudice
               the enforcement of remaining portions of this article.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               <span class="ital">Appeal.</span> Any generator or facility who receives a notice of violation may, within five days
               of the day the notice was received, submit a written appeal to the director of emergency
               management. The appeal notice shall specifically state the reasons for the appeal
               with a copy of the notice of violation and the notice of appeal attached thereto.
               Within 30 days the review committee shall review the notice of violation and the notice
               of appeal and submit a written summary to the director of emergency management recommending
               that the notice of violation be upheld, denied or modified. The director of emergency
               management shall within five days of the receipt of the written summary render a decision
               upholding, denying or modifying the notice of violation. Imposition of fines shall
               be stayed pending the appeal. If the decision of the inspector is affirmed, fines
               shall be reinstated.
               </p>
            		
            <p class="historynote0">
               (Ord. No. 18853, art. IV, Â§Â§ 2â€”5, 9-15-87; Ord. No.
               <a class="ordinance-link" href="" data-product-id="12776" data-ordinance-id="1197414">
                  22-05-13
                  </a>
               , Â§ 26, 5-19-22)
               </p></div>