Other available remedies.

Charlotte City Code § 23-96

in effect

Sec. 23-96. - Other available remedies. (a) Criminal violations. CMUD shall assist any federal or state agency, office or authority responsible for criminal investigations or prosecutions for violation of any section 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. CMUD may request any appropriate federal or state agency, office or authority to undertake an investigation or prosecution of any person for any violation 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. The district attorney for the applicable judicial district may, at the request of the city, prosecute noncompliant users who violate the 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)).] (b) Annual publication of significant noncompliance. At least annually, CMUD 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 12 months. (c) Civil relief. If any person discharges sewage, industrial wastes or other wastewater into the POTW contrary to this article, pretreatment requirements or standards, any order of CMUD, or violates its wastewater discharge permit, an action may be commenced in the name of the city for appropriate legal and/or equitable relief in the appropriate division of the state's general court of justice. This shall include but is not limited to: (1) Injunctive relief. Whenever a user is in violation of the provisions of this article or an order or permit issued hereunder, the 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. (2) Water supply severance. Whenever an industrial user is in violation of the provisions of this article or an order or permit issued hereunder, water service to the industrial user may be severed and service will only recommence, at the user's expense, after it has satisfactorily demonstrated ability to comply. (3) 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 director. Any person(s) creating a public nuisance shall be subject to the provisions of the appropriate ordinances of the city governing such nuisances, including reimbursing the POTW for any costs incurred in removing, abating or remedying said nuisance. (d) Remedies nonexclusive. The remedies provided in this section are not exclusive. CMUD may take one, all or any combination of these actions against any person in violation of this article. It is anticipated that enforcement for pretreatment violations will generally be in accordance with the enforcement response plan of CMUD. However, in no instance may such a plan be construed to limit the authority of CMUD to take any action which CMUD determines to be appropriate for a violation of any section of this article, a compliance agreement issued pursuant to this article, and/or a wastewater discharge permit or order issued pursuant to this article. Further, CMUD is empowered to take more than one enforcement action against any person in violation of this article. (Ord. No. 5230, § 1(Exh. A), 10-28-2013)

Source: City of Charlotte, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nc/charlotte/codes/code_of_ordinances?nodeId=PTIICOOR_CH23WASEINWADIRE_ARTIIIWADIRE_S23-96OTAVREFetched: 10/27/2026