Enforcement Actions Available to the Commission

The Director of Public Works is empowered through North Carolina General Statute (NCGS) 143-215.6A and the Utility Commission’s Sewer Use Resolution (SUR) to take a wide variety of enforcement actions. The following is a list of those actions and the corresponding section of the SUR that describes each.

Notice of Violation

Part B Section 102 A

Consent Orders

Part B Section 102 B

Show Cause Hearing

Part B Section 102 C

Administrative Orders

Part B Section 102 D

Emergency Suspensions

Part B Section 102 E

Termination of Discharge/Permit

Part B Section 102 F

Civil Penalties

Part B Section 103

Criminal Violations

Part B Section 104 A

Injunctive Relief

Part B Section 104 B

Water Supply Severance

Part B Section 104 C

Public Nuisances

Part B Section 104 D

Publication of Noncompliance

Part B Section 105

In addition to the actions listed above, a user who violates the provisions of NCGS 143-215.6B may be referred by the Director to the District Attorney for possible criminal prosecution.

In determining the amount of civil penalties for a particular violation the Director shall consider the following:

1. 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;

2. The duration and gravity of the violation;

3. The effect on ground or surface water quality or on air quality;

4. The cost of rectifying the damage;

5. The amount of money saved by noncompliance;

6. Whether the violation was committed willfully or unintentionally;

7. The prior record of the violator in complying or failing to comply with the pretreatment program;

8. The cost of enforcement to the Utility Commission.

Adjudicatory hearing procedures regarding permit decisions, and civil penalties may be found in the Sewer Use Resolution Part B Section 84.

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