Administrative enforcement remedies.
Charlotte City Code § 23-95
in effectSec. 23-95. - Administrative enforcement remedies.
(a) Notice of violation. Whenever CMUD finds that any user has violated or is violating any section of this article, the wastewater discharge permit, or any other pretreatment requirement or standard, CMUD may serve the user with a written notice stating the nature of the violation. CMUD may notify the user to submit a written explanation of the violation and a plan for the satisfactory correction thereof, within 30 days from the date of the notice. Submission of the plan does not relieve the user of liability for any violations occurring before or after receipt of the notice of violation (NOV). Nothing in this section may be construed to require CMUD to issue an NOV before taking any action, including emergency actions or any other enforcement actions.
(b) Compliance agreements. CMUD may enter into an agreement with the user responsible for noncompliance with any section of this article, the wastewater permit or any other pretreatment requirement or standard. Such an agreement will include specific actions to be taken by the user to correct the noncompliance within a time period also specified by the agreement. A compliance agreement shall have the same force and effect as a compliance order issued pursuant to subsection (c) of this section.
(c) Compliance orders. If CMUD finds that a user has violated or continues to violate any section 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, CMUD may issue an order requiring such person to do any one or more of the following:
(1) Comply with the sections 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.
(2) Take appropriate remedial or preventive actions for a continuing or threatened violation of any section 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.
(3) Pay a civil penalty for violating any section of this article; a wastewater discharge permit, compliance agreement, pretreatment requirement or standard; or order issued pursuant to this article.
(d) Cease and desist orders. Cease and desist orders may be issued as follows:
(1) If CMUD finds that a user has violated or continues to violate any section 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, CMUD may issue an order requiring such user to cease and desist all such violations and direct such person to perform any one or more of the following:
a. Comply immediately with all sections of this article, a wastewater discharge permit or order issued pursuant to this article or other applicable law.
b. Take appropriate remedial or preventive actions for a continuing or threatened violation of any section 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.
c. 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.
d. 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 operated properly within a specified time period.
(2) In addition to or in lieu of the matters set forth in subsection (d)(1) of this section, CMUD may include in such order one or more of the following:
a. The removal of all or any portion of any service connection by which such user introduces or contributes wastewater into the POTW.
b. The removal of all or any portion of any service connection by which such user receives water services from the city.
c. The termination of any wastewater discharge permit issued to such user pursuant to this article.
d. The payment of a civil penalty for violating any section of this article; a permit, pretreatment requirement or standard, or compliance agreement; or order issued pursuant to this article.
(e) Termination of permit or permission to discharge. CMUD may revoke a wastewater discharge permit or permission to discharge for good cause, including, but not limited to, the following reasons:
(1) Failure to report accurately the wastewater constituents and characteristics of its discharge;
(2) Failure to report significant changes in operations or wastewater constituents and characteristics;
(3) Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring;
(4) Violation of any condition of the permit or permission to discharge, conditions of this article, or any applicable state and/or federal regulations;
(5) Failure to submit any required report; or
(6) Violation of any prohibited discharge standard under section 23-79.
(f) Suspension. Procedures for suspension of the wastewater treatment service and/or wastewater discharge permit are as follows:
(1) CMUD 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 the city to violate any condition of its NPDES or nondischarge 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 identify 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 nondischarge permit of the city. The order shall also set a date for a hearing to be held in accordance with subsection (f)(3) of this section.
(2) Any user, when served with an order that its wastewater treatment services 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 CMUD 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.
(3) 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 section 23-89, provided that such changes shall be made by the director in the conduct of the hearing as are reasonably necessary to permit an expedited hearing. The 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.
(4) The 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.
(5) 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 CMUD under this section as a result of one or more other actions taken by CMUD to secure the user's compliance with 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 section 23-89; or the pendency of judicial review.
(6) For the purposes of this section, the term "calendar days" refers to and includes any Saturday, Sunday, or holiday. For purposes of this section, the term "business day" refers to and includes any day which CMUD is open to the public to conduct business.
(g) Civil penalties. Civil penalties may be imposed in accordance with the following:
(1) Any user that violates, fails to comply, or continues to violate any section of this article, a wastewater discharge permit or order issued under this article, or any other pretreatment standard or requirement shall be liable to CMUD for a maximum civil penalty of $25,000.00 per violation per day for as long as the violation continues. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. For a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation. Civil penalty assessment shall be based on the following:
a. Penalties between $10,000.00 and $25,000.00 per day per violation may be assessed against a violator only if:
1. For any class of violation, only if a civil penalty has been imposed against the violator within the five years preceding the violation, or
2. In the case of failure to file, submit, or make available, as the case may be, any documents, data, or reports required by this ordinance, or the orders, rules, regulations and permits issued hereunder, only if the director determines that the violation was intentional and a civil penalty has been imposed against the violator within the five years preceding the violation.
b. All penalties shall take into account relevant circumstances as outlined in subsection (g)(2).
(2) In determining the amount of the civil penalty, CMUD shall take into account all relevant circumstances, including, but not limited to, the following:
a. The extent of harm caused by the violation;
b. The magnitude and duration of the violation;
c. Any economic benefit gained through the user's violation;
d. Corrective actions by the user;
e. The compliance history of the user;
f. The cost of enforcement to CMUD;
g. Whether the violation was committed willfully or intentionally; and
h. Any other factor as justice requires.
(3) The assessment of civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
(4) Appeals of civil penalties assessed in accordance with this section shall be provided in section 23-89.
(5) Such assessments may be added to the user's next scheduled sewer service charges, and CMUD shall have such remedies for collection of such assessments as it has for collection of other charges.
(h) In addition to any civil penalties that CMUD may impose against a user in accordance with subsection (g), CMUD may assess against and recover from a responsible user any repair, restoration or maintenance cost and any damage incurred by anyone for which the city is liable, if such repair, restoration or maintenance cost or damage arises in any manner from the responsible user's violation(s). For purposes of this subsection, repair or maintenance includes, without limitation, the removal of any accumulation of any pollutant from the POTW that the user's violation(s) has caused or contributed to. Such assessments may be added to the user's next scheduled sewer service charges, and CMUD shall have such remedies for collection of such assessments as it has for collection of other charges.
(i) Any user that violates, fails to comply with, or continues to violate any section of this article, a wastewater discharge permit or order issued under this article, or any other pretreatment standard or requirement shall undertake such sampling, monitoring and analysis of its discharge and to report the results thereof in accordance with section 23-91 as CMUD may require.
(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_S23-95ADENREFetched: 10/27/2026