ENFORCEMENT

Raleigh City Code pt. 8, ch. 2, art. C, div. 7

in effect

Raleigh City Code § 8-2140.4 ADMINISTRATIVE REMEDIES.

Sec. 8-2140.4. - ADMINISTRATIVE REMEDIES. (a) Notification of violation. Whenever the POTW Director finds that any industrial user, consumer or other person has violated or is violating this article, waste water permit, or any prohibition, limitation, or requirements contained therein or any other pretreatment requirement the POTW Director may serve upon such a person a written notice stating the nature of the violation. Within thirty (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 industrial user, consumer or other person. Submission of this plan does not relieve the discharger of liability for any violations occurring before or after receipt of the notice of violation. (b) Consent orders. The POTW 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. 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 §8-2140.4(d), below. (c) Show cause hearing. The POTW Director may order any industrial user, consumer or other person who causes or is responsible for an unauthorized discharge, has violated this article or is in noncompliance with a waste water discharge permit to show cause why a proposed enforcement action should not be taken. In the event the POTW Director determines that a show cause order should be issued, a notice shall be served on the industrial user, consumer or other person specifying the time and place for the hearing, the proposed enforcement action, the reasons for such action, and a request that the industrial user, consumer or other person 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 (10) days before the hearing. Service may be made on any agent or officer of a corporation. The POTW Director shall review the evidence presented at the hearing and determine whether the proposed enforcement action is appropriate. A show cause hearing under this section is not a prerequisite to the assessment of a civil penalty under §8-2140.5 nor is any action or inaction taken by the POTW Director under this section subject to an administrative appeal under §8-2127(8). (d) Administrative orders. When the POTW Director finds that an industrial user, consumer or other person has violated or continues to violate this article, permits or orders issued hereunder, or any other pretreatment requirement the POTW Director may issue an order to cease and desist all such violations and direct those persons in noncompliance to do any of the following: (1) Immediately comply with all requirements; (2) Comply in accordance with a compliance time schedule set forth in the order; (3) Take appropriate remedial or preventive action in the event of a continuing or threatened violation; (4) Disconnect, unless adequate treatment facilities, devices or other related appurtenances are installed and properly operated within a specified time period. (e) Emergency suspensions. The POTW Director may suspend the waste water treatment service and/or waste water 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. Any industrial user, consumer or other person notified of a suspension of the waste water treatment service and/or the waste water permit shall immediately stop or eliminate the contribution. A hearing will be held within fifteen (15) days of the notice of suspension to determine whether the suspension may be lifted or the industrial user's, consumer's or other person's waste discharge permit terminated. In the event of a failure to comply voluntarily with the suspension order, the POTW Director 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 shall reinstate the waste water permit and the waste water treatment service upon proof of the elimination of the noncompliant discharge. The industrial user, consumer or other person 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 prior to the date of the above described hearing. (f) Termination of permit or permission to discharge. The POTW Director may revoke any industrial user's, consumer';i§\i;, or other person's waste water discharge permit or permission to discharge for good cause, including, but not limited to, the following reasons: (1) Failure to accurately report the waste water constituents and characteristics of his discharge; (2) Failure to report significant changes in operations, or waste water constituents and characteristics; (3) Refusal of reasonable access to the industrial user's, consumer's or other person's premises for the purpose of inspection or monitoring; or (4) Violation of conditions of the permit or permission to discharge, conditions of this article, or any applicable State and Federal regulations. Noncompliant industrial users, consumers or other persons will be notified of the proposed termination of their waste water permit and will be offered an opportunity to show cause under §8-2140.4 of this article why the proposed action should not be taken. (g) Investigative costs. The POTW Director may access the reasonable costs to the City of any investigation, inspection, or monitoring survey which revealed the violation against the person or business entity responsible for the violation. (Ord. No. 2011-981, §1, 12-6-11)

Raleigh City Code § 8-2140.5 CIVIL PENALTIES.

Sec. 8-2140.5. - CIVIL PENALTIES. (a) Any user, consumer or other person 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 twenty-five thousand dollars ($25,000.00) per day per violation. (1) Penalties between ten thousand dollars ($10,000.00) and twenty-five thousand dollars ($25,000.00) per day per violation may be assessed against a violator only if: i. For any class of violation, only if a civil penalty has been imposed against the violator with in the five (5) years preceding the violation, or ii. 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 determines that the violation was intentional and a civil penalty has been imposed against the violator within the five (5) years preceding the violation. (b) In determining the amount of the civil penalty, the POTW 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 quantity or 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 intentionally; (7) The prior record of the violator in complying or failing to comply with the pretreatment program; (8) The costs of enforcement to the City. (c) Appeals of civil penalties assessed in accordance with this section shall be as provided in §8-2127(8). (Ord. No. 2011-981, §1, 12-6-11)

Raleigh City Code § 8-2140.6 OTHER AVAILABLE REMEDIES.

Sec. 8-2140.6. - OTHER AVAILABLE REMEDIES. Remedies, in addition to those previously mentioned in this article, are available to the POTW Director who may use any single one (1) or combination against a noncompliant user, consumer or other person. Additional available remedies include, but are not limited to: (1) Criminal violations. The District Attorney may, at the request of the City, prosecute noncompliant users, consumers or other persons who violate provisions of G.S. 143-215.6B. [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 local governments (G.S. 143-215.6B(f)), to knowingly and willfully violate any term, condition, or requirement of a pretreatment permit, or 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 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 Article 21 of Chapter 143 of the General Statutes (G.S. 143-215.6B(i)).] (2) Injunctive relief. Whenever a user, consumer or other person is in violation of the provisions of this article or an order or permit issued hereunder, the POTW Director, 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, consumer or other person is in violation of the provisions of this article or an order or permit issued hereunder, water service to the industrial user, consumer or other person may be severed and service will only recommence, at the user's, consumer's or other person'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 hereunder, is hereby declared a public nuisance and shall be corrected or abated as directed by the POTW Director. Any person(s) creating a public nuisance shall be subject to the provisions of the City Code governing such nuisances, including reimbursing the POTW for any costs incurred in removing, abating, or remedying said nuisance. (Ord. No. 2011-981, §1, 12-6-11)

Raleigh City Code § 8-2140.7 REMEDIES NONEXCLUSIVE.

Sec. 8-2140.7. - REMEDIES NONEXCLUSIVE. The remedies provided for in this article are not exclusive. The POTW Director may take any, all, or any combination of these actions against a noncompliant user, consumer or other person. Enforcement of pretreatment violations will generally be in accordance with the City's Enforcement Response Plan. However, the POTW Director may take other action against any user, consumer or other person when the circumstances warrant. Further, the POTW Director is empowered to take more than one (1) enforcement action against any noncompliant user, consumer or other person. (Ord. No. 2011-981, §1, 12-6-11)

Raleigh City Code § 8-2140.8 ANNUAL PUBLICATION OF SIGNIFICANT NONCOMPLIANCE.

Sec. 8-2140.8. - ANNUAL PUBLICATION OF SIGNIFICANT NONCOMPLIANCE. At least annually, the POTW Director shall publish in a newspaper of general circulation that provides meaningful public notice within the jurisdiction(s) served by the POTW, a list of those industrial users which were found to be in significant noncompliance, also referred to as reportable noncompliance, in 15A NCAC 2H .0903(b)(10), with applicable pretreatment standards and requirements, during the previous twelve (12) months. (Ord. No. 2011-981, §1, 12-6-11)

Source: City of Raleigh, North Carolina, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nc/raleigh/codes/code_of_ordinances?nodeId=DIVIICOGEOR_PT8PUUT_CH2WASESE_ARTCUSSASESY_DIV7ENFetched: 11/1/2026