<div class="chunk-title">Sec. 78-68. - Enforcement.</div>
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            <p class="incr0">
               1.
               
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            <p class="content1">
               <span class="ital">Administrative remedies.</span>
               
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            <p class="incr1">
               (a)
               
            </p>
            		
            <p class="content2">
               <span class="ital">Notification of violation.</span> Whenever the executive director or his designee finds that any industrial user has
               violated or is violating any provision of this article, wastewater discharge permit,
               or any prohibition, limitation or requirements contained therein or any other pretreatment
               requirement or standard, the executive director may serve upon such 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 WSACC 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. Nothing in this section may be construed to require WSACC
               to issue an NOV before taking any action, including emergency actions or any other
               enforcement actions.
               
            </p>
            		
            <p class="incr1">
               (b)
               
            </p>
            		
            <p class="content2">
               <span class="ital">Consent orders.</span> The executive director 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 with any provision of this article, the
               wastewater discharge permit or any other pretreatment requirement or standard. 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 section 78-68.1(d)
               below.
               
            </p>
            		
            <p class="incr1">
               (c)
               
            </p>
            		
            <p class="content2">
               <span class="ital">Show cause hearing.</span> The executive director 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. In the event the executive director 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.
               
            </p>
            		
            <p class="b2">
               The executive director shall review the evidence presented at the hearing and determine
               whether the proposed enforcement action is appropriate.
               
            </p>
            <p class="b2">
               A show cause hearing under this section is not a prerequisite to the assessment of
               a civil penalty under section 78-68.2 nor is any action or inaction taken by the executive
               director under this section subject to an administrative appeal under<a href="" data-chunk-id="PTIICOOR_CH78UT_ARTIIISEUS_S78-70ADHE" class="section-link" data-product-id="12658"> section 78-70</a>.
               
            </p>
            <p class="incr1">
               (d)
               
            </p>
            		
            <p class="content2">
               <span class="ital">Compliance orders.</span> If WSACC finds that an industrial user has violated or continues to violate any provision
               of this article, a compliance agreement issued pursuant to this article, a wastewater
               discharge permit, pretreatment requirement or standard, or order issued pursuant to
               this article, or any other provision of applicable law, WSACC may issue an order requiring
               such person to do any one or more of the following:
               
            </p>
            		
            <p class="incr2">
               (1)
               
            </p>
            		
            <p class="content3">
               Comply with the provisions of this article, any applicable permit, pretreatment requirement
               or standard, or order issued pursuant to this article or other provision of applicable
               law in accordance with a time schedule set forth in the order;
               
            </p>
            		
            <p class="incr2">
               (2)
               
            </p>
            		
            <p class="content3">
               Take appropriate remedial or preventative action(s) in the event of a continuing or
               threatened violation of any provision of this article, a wastewater discharge permit,
               pretreatment requirement or standard, or order issued pursuant to this article or
               any other provision of applicable law;
               
            </p>
            		
            <p class="incr2">
               (3)
               
            </p>
            		
            <p class="content3">
               Pay a civil penalty for violating any provision of this article, a wastewater discharge
               permit, compliance agreement, pretreatment requirement or standard, or order issued
               pursuant to this article.
               
            </p>
            		
            <p class="incr1">
               (e)
               
            </p>
            		
            <p class="content2">
               <span class="ital">Cease and desist orders.</span>
               
            </p>
            		
            <p class="incr2">
               (1)
               
            </p>
            		
            <p class="content3">
               If the executive director finds that an industrial user has violated or continues
               to violate any provision of this article, a wastewater discharge permit, pretreatment
               requirement or standard, or orders issued pursuant to this article or any other provision
               of applicable law, the executive director may issue an order requiring such industrial
               user to cease and desist all such violations and direct such person in noncompliance
               to perform any one or more of the following:
               
            </p>
            		
            <p class="incr3">
               (i)
               
            </p>
            		
            <p class="content4">
               Comply immediately with all provisions of this article, a wastewater discharge permit
               or order issued pursuant to this article or other applicable law;
               
            </p>
            		
            <p class="incr3">
               (ii)
               
            </p>
            		
            <p class="content4">
               Take appropriate remedial or preventative action(s) in the event of a continuing or
               threatened violation of any provision of this article, a compliance agreement issued
               pursuant to this article, a wastewater discharge permit, pretreatment requirement
               or standard, or order issued pursuant to this article or any other provision of applicable
               law;.
               
            </p>
            		
            <p class="incr3">
               (iii)
               
            </p>
            		
            <p class="content4">
               Discontinue all or any portion of such user's contribution or introduction of wastewater
               into the POTW unless adequate treatment facilities, devices or other related appurtenances
               are installed and operated properly within a specified time period;
               
            </p>
            		
            <p class="incr3">
               (iv)
               
            </p>
            		
            <p class="content4">
               Disconnect all or any portion of the facilities by which such user introduces or contributes
               wastewater into the POTW unless adequate treatment facilities, devices or other related
               appurtenances are installed and properly operated within a specified time period.
               
            </p>
            		
            <p class="incr2">
               (2)
               
            </p>
            		
            <p class="content3">
               In addition to or in lieu of the matters set forth in section 78-68.1(e)(1), WSACC
               may include in such order one or more of the following provisions:
               
            </p>
            		
            <p class="incr3">
               (i)
               
            </p>
            		
            <p class="content4">
               The removal of all or any portion of any service connection by which such user introduces
               or contributes wastewater into the POTW;
               
            </p>
            		
            <p class="incr3">
               (ii)
               
            </p>
            		
            <p class="content4">
               The removal of all or any portion of any service connection by which such user receives
               water services;
               
            </p>
            		
            <p class="incr3">
               (iii)
               
            </p>
            		
            <p class="content4">
               The termination of any wastewater discharge permit issued to such user pursuant to
               this article;
               
            </p>
            		
            <p class="incr3">
               (iv)
               
            </p>
            		
            <p class="content4">
               The payment of a civil penalty for violating any provision of this article, a permit,
               pretreatment requirement or standard, compliance agreement or order issued pursuant
               to this article.
               
            </p>
            		
            <p class="incr1">
               (f)
               
            </p>
            		
            <p class="content2">
               <span class="ital">Emergency suspensions.</span>
               
            </p>
            		
            <p class="incr2">
               (1)
               
            </p>
            		
            <p class="content3">
               The executive director may order the suspension of the wastewater treatment service
               and/or wastewater discharge permit of any user when such suspension is necessary in
               order to stop an actual or threatened discharge which will or may: present imminent
               or substantial endangerment to the health or welfare of any person or the environment;
               cause interference; or cause WSACC to violate any condition of its NPDES or non-discharge
               permits. The suspension shall be effective in accordance with the provisions of the
               order of suspension upon service on the user responsible for such discharge. The order
               shall identity each pollutant in the discharge which is the basis for the suspension
               and the potential effect each pollutant, either singly or in combination with one
               or more pollutants, will or may have upon any person, the environment, the POTW and/or
               NPDES or non-discharge permit of WSACC. The order shall also set a date for a hearing
               to be held in accordance with section 78-68.1(f)(3).
               
            </p>
            		
            <p class="incr2">
               (2)
               
            </p>
            		
            <p class="content3">
               Any user when served with an order that its wastewater treatment service and/or any
               wastewater discharge permit is suspended shall immediately stop or eliminate the introduction
               or contribution of wastewater into the POTW. The user shall prepare a written response
               to such an order and shall serve such statement on WSACC within five calendar days
               after the service of the order or two business days prior to the hearing, whichever
               date is earlier. The statement shall: identify every provision of the order which
               the user believes to be inaccurate; set forth a complete basis for such belief; describe
               in detail the circumstances which resulted in the discharge described in the order
               of suspension; and describe such measures as have been taken or are proposed by the
               user to prevent a future, similar discharge. Failure to prepare and serve the statement
               in a timely manner shall constitute a waiver by the user of its right to a hearing.
               
            </p>
            		
            <p class="incr2">
               (3)
               
            </p>
            		
            <p class="content3">
               A hearing shall be held as soon as reasonably possible and in no event later than
               15 calendar days of service of the order unless waived by the user. The hearing shall
               be conducted in the manner set forth in<a href="" data-chunk-id="PTIICOOR_CH78UT_ARTIIISEUS_S78-70ADHE" class="section-link" data-product-id="12658"> section 78-70</a>; provided that, such changes shall be made by the executive director in the conduct
               of the hearing as are reasonably necessary to permit an expedited hearing. The executive
               director shall determine whether the suspension shall be lifted or the user's permit
               terminated. Such decision shall be issued in writing as soon as possible and, in any
               event within two business days after the conclusion of the hearing.
               
            </p>
            		
            <p class="incr2">
               (4)
               
            </p>
            		
            <p class="content3">
               The executive director may take such action as is reasonably necessary or convenient
               to prevent the continued introduction or contribution of wastewater into the POTW
               by the user, including, but not limited to, the immediate severance of the sewer connection
               between the user's facilities and the POTW.
               
            </p>
            		
            <p class="incr2">
               (5)
               
            </p>
            		
            <p class="content3">
               Nothing in the section may be construed to require that a hearing be conducted prior
               to any emergency suspension authorized by this section or limit the authority of WSACC
               under this section as a result: of one or more other actions taken by WSACC to secure
               the user's compliance with the provisions of this article and/or permit or order issued
               pursuant to this article, the pendency of a demand by the user for a hearing pursuant
               to<a href="" data-chunk-id="PTIICOOR_CH78UT_ARTIIISEUS_S78-70ADHE" class="section-link" data-product-id="12658"> section 78-70</a>; or the pendency of judicial review.
               
            </p>
            		
            <p class="incr2">
               (6)
               
            </p>
            		
            <p class="content3">
               For the purposes of this section, "calendar days" refers to and includes any Saturday,
               Sunday, or holiday. For purposes of this section, "business day" refers to and includes
               any day which WSACC is open to the public to conduct business.
               
            </p>
            		
            <p class="incr1">
               (g)
               
            </p>
            		
            <p class="content2">
               <span class="ital">Termination of permit or permission to discharge.</span> The executive director may revoke a wastewater discharge permit or permission to
               discharge for good cause, including, but not limited to, the following reasons:
               
            </p>
            		
            <p class="incr2">
               (1)
               
            </p>
            		
            <p class="content3">
               Failure to accurately report the wastewater constituents and characteristics of his
               discharge;
               
            </p>
            		
            <p class="incr2">
               (2)
               
            </p>
            		
            <p class="content3">
               Failure to report a change or expansion in the manufacturing/production and/or pretreatment
               process used by the permittee, which has potential to impact the characteristics or
               volume of the discharge or the manner in which the discharge is regulated;
               
            </p>
            		
            <p class="incr2">
               (3)
               
            </p>
            		
            <p class="content3">
               Refusal or reasonable access to the user's premises for the purpose of inspection
               or monitoring;
               
            </p>
            		
            <p class="incr2">
               (4)
               
            </p>
            		
            <p class="content3">
               Violation of conditions of the permit or permission to discharge, conditions of this
               article, or any applicable state and federal regulations; or
               
            </p>
            		
            <p class="incr2">
               (5)
               
            </p>
            		
            <p class="content3">
               Failure to submit any required report.
               
            </p>
            		
            <p class="b2">
               Noncompliant industrial users will be notified of the proposed termination of their
               wastewater permit and will be offered an opportunity to show cause under section 78-68.1
               of this article why the proposed action should not be taken.
               
            </p>
            <p class="incr0">
               2.
               
            </p>
            		
            <p class="content1">
               <span class="ital">Civil penalties.</span>
               
            </p>
            		
            <p class="incr1">
               (a)
               
            </p>
            		
            <p class="content2">
               Any user who is found to have failed to comply with any provision of this article,
               or the orders, rules, regulations and permits issued hereunder, may be assessed a
               civil penalty of up to $25,000.00 per day per violation. Each day on which a violation
               shall occur or continue shall be deemed a separate and distinct offense.
               
            </p>
            		
            <p class="incr2">
               (1)
               
            </p>
            		
            <p class="content3">
               Penalties between $10,000.00 and $25,000.00 per day per violation may be assessed
               against a violator only if:
               
            </p>
            		
            <p class="incr3">
               (i)
               
            </p>
            		
            <p class="content4">
               For any class of violation, only if a civil penalty has been imposed against the violator
               within five years preceding the violation, or
               
            </p>
            		
            <p class="incr3">
               (ii)
               
            </p>
            		
            <p class="content4">
               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 permit issued hereunder, only if the executive director determines that the violation
               was intentional and a civil penalty has been imposed against the violator with the
               five years preceding the violation.
               
            </p>
            		
            <p class="incr1">
               (b)
               
            </p>
            		
            <p class="content2">
               In addition to civil penalties, WSACC may recover from the responsible user the cost
               of repairing any damage to the POTW resulting from the user's violation.
               
            </p>
            		
            <p class="incr1">
               (c)
               
            </p>
            		
            <p class="content2">
               In determining the amount of the civil penalty, WSACC shall take into account all
               relevant circumstances, including, but not limited to:
               
            </p>
            		
            <p class="incr2">
               (1)
               
            </p>
            		
            <p class="content3">
               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;
               
            </p>
            		
            <p class="incr2">
               (2)
               
            </p>
            		
            <p class="content3">
               The duration and gravity of the violation;
               
            </p>
            		
            <p class="incr2">
               (3)
               
            </p>
            		
            <p class="content3">
               The effect on ground or surface water quantity or quality or on air quality;
               
            </p>
            		
            <p class="incr2">
               (4)
               
            </p>
            		
            <p class="content3">
               The cost of rectifying the damage;
               
            </p>
            		
            <p class="incr2">
               (5)
               
            </p>
            		
            <p class="content3">
               The amount of money saved by noncompliance;
               
            </p>
            		
            <p class="incr2">
               (6)
               
            </p>
            		
            <p class="content3">
               Whether the violation was committed willfully or intentionally;
               
            </p>
            		
            <p class="incr2">
               (7)
               
            </p>
            		
            <p class="content3">
               The prior record of the violator in complying or failing to comply with the pretreatment
               program;
               
            </p>
            		
            <p class="incr2">
               (8)
               
            </p>
            		
            <p class="content3">
               The costs of enforcement to WSACC.
               
            </p>
            		
            <p class="incr1">
               (d)
               
            </p>
            		
            <p class="content2">
               The assessment of civil penalties shall not be a bar against, or a prerequisite for,
               taking any other action against a user.
               
            </p>
            		
            <p class="incr1">
               (e)
               
            </p>
            		
            <p class="content2">
               Appeals of civil penalties assessed in accordance with this section shall be provided
               in<a href="" data-chunk-id="PTIICOOR_CH78UT_ARTIIISEUS_S78-70ADHE" class="section-link" data-product-id="12658"> section 78-70</a>.
               
            </p>
            		
            <p class="incr1">
               (f)
               
            </p>
            		
            <p class="content2">
               Such assessments may be added to the user's next scheduled sewer service charges and/or
               surcharges, and WSACC shall have such remedies for collection of such assessments
               as it has for collection of other charges.
               
            </p>
            		
            <p class="incr0">
               3.
               
            </p>
            		
            <p class="content1">
               <span class="ital">Other available remedies.</span> Remedies, in addition to those previously mentioned in this article, are available
               to the executive director who may use any single one or combination against a noncompliant
               user. Additional available remedies include, but are not limited to:
               
            </p>
            		
            <p class="incr1">
               (a)
               
            </p>
            		
            <p class="content2">
               <span class="ital">Criminal violations.</span> WSACC shall assist any federal or state agency, office or authority responsible for
               criminal investigations or prosecutions for violation of any provision of this article
               or other federal or state law concerning the discharge of wastewater or other substances
               into the POTW or the waters of the state. WSACC may request any appropriate federal
               or state agency, office or authority to undertake an investigation or prosecution
               of any person for any violation of the provisions of this article or other federal
               or state law concerning the discharge of wastewater or other substances into the POTW
               or the waters of the state. [Note: Under North Carolina 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 WSACC (G.S. 143-215.6B(f)), to
               knowingly and willfully violate any term, condition, or requirement, of 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<a href="" data-chunk-id="PTIICOOR_CH21RE" class="section-link" data-product-id="12658"> Article 21</a> of Chapter 143 of the General Statutes (G.S. 143-215.6B(i)).]
               
            </p>
            		
            <p class="incr1">
               (b)
               
            </p>
            		
            <p class="content2">
               <span class="ital">Injunctive relief.</span> Whenever a user is in violation of the provisions of this article or an order or
               permit issued hereunder, the executive director, through WSACC Attorney, may petition
               in 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.
               
            </p>
            		
            <p class="incr1">
               (c)
               
            </p>
            		
            <p class="content2">
               <span class="ital">Water supply severance.</span> Whenever a user is in violation of the provisions of this article or an order or
               permit issued hereunder, water service to the user may be severed and service will
               only recommence, at the user's expense, after it has satisfactorily demonstrated ability
               to comply.
               
            </p>
            		
            <p class="incr1">
               (d)
               
            </p>
            		
            <p class="content2">
               <span class="ital">Civil relief.</span> If any person discharges sewage, industrial wastes or other wastewater into the POTW
               contrary to the provisions of this article, pretreatment requirements or standards,
               any order of WSACC, or violates its wastewater discharge permit, an action may be
               commenced in the name of WSACC for appropriate legal and/or equitable relief in the
               appropriate division of the state's general court of justice.
               
            </p>
            		
            <p class="incr1">
               (e)
               
            </p>
            		
            <p class="content2">
               <span class="ital">Public nuisances.</span> Any violation of the prohibitions or effluent limitations of this article or contained
               in a permit or order issued hereunder, is hereby declared a public nuisance and shall
               be corrected or abated as directed by the executive director or his designee. Any
               person(s) creating a public nuisance shall be subject to the provisions of this article
               governing such nuisances, including reimbursing the POTW for any costs incurred in
               removing, abating or remedying said nuisance.
               
            </p>
            		
            <p class="incr0">
               4.
               
            </p>
            		
            <p class="content1">
               <span class="ital">Remedies nonexclusive.</span> The remedies provided for in this article are not exclusive. The executive director
               may take any, all, or any combination of these actions against any person in violation
               of the provisions of this article. Enforcement of pretreatment violations will generally
               be in accordance with WSACC's enforcement response plan. However, in no instance may
               such a plan be construed to limit the authority of WSACC to take any action which
               WSACC determines to be appropriate for a violation of any discharge permit or order
               issued pursuant to this article. Further, the executive director is empowered to take
               more than one enforcement action against any person in violation of the provisions
               of this article.
               
            </p>
            		
            <p class="historynote0">
               (Ord. No. 2013-19, Â§ 8, 8-19-13)
               
            </p></div>