Section 36-123 Judicial Remedies

(a) Generally.If any person violates this article or any order or permit issued under this article, or any other pretreatment requirement, the director, through the town attorney, may commence an action for appropriate legal and/or equitable relief in the general court of justice for the county.

(b) Criminal violations.

  1. Any person who negligently violates any term, condition, or requirement of this article and any person who negligently fails to apply for or to secure a permit required by G.S. 143-215.1 shall be guilty of a misdemeanor punishable by a fine not to exceed $15,000.00 per day of violation, provided that such fine shall not exceed accumulative total of $200,000.00 for each period of 30 days during which a violation continues, or by imprisonment not to exceed six months, or by both.
  2. Any person who knowingly and willfully violates any term, condition or requirement of this article and any person who knowingly and willfully fails to apply for or to secure a permit required by G.S. 143-215.1 shall be guilty of a class J felony, punishable by a fine not to exceed $100,000.00 per day of violation, provided that this fine shall not exceed a cumulative total of $500,000.00 for each period of 30 days during which a violation continues, or by imprisonment not to exceed three years, or by both.
  3. Any person who knowingly violates any term, condition, or requirement of this article and any person who knowingly fails to apply for or to secure a permit required by G.S. 143-215.1 and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury shall be guilty of a class H felony, punishable by a fine not to exceed $250,000.00 per day or violation, provided that his fine shall not exceed a cumulative total of $1,000,000.00 for each period of 30 days during which a violation continues, or by imprisonment not to exceed ten years, or both.

(c) 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 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 not to exceed $10,000.00 or by imprisonment not to exceed six months, or by both.

(d) Injunctive relief.Whenever an industrial user is in violation of the provisions of this article or an order or permit issued under this article, the director, through the town attorney, may petition the general court of justice for the issuance of a preliminary or permanent injunction, or both as may be appropriate, that restrains or compels the activities in question. If the town chooses to correct the violation itself, the cost of such correction may be added to the next scheduled sewer service charge payable by the person causing the violation. The town shall have such remedies for the collection of such costs as it has for the collection of other sewer services charges.
(Ord. of 4-5-93, § XII(3))