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including, but not limited to: <br />(i) The degree and extent of the harm to the natural resources, to the public health, or to public <br />or private property resulting from the violation; <br />(ii) The duration and gravity of the violation; <br />(iii) The effect on ground or surface water quantity or quality or on air duality; <br />(iv) The cost of rectifying the damage; <br />(v) The amount of money saved by noncompliance; <br />(vi) Whether the violation was committed willfully or intentionally; <br />(vii) The prior record of the violator in complying or failing to comply with the pretreatment <br />program; <br />(viii) The costs of enforcement to WSACC. <br />(d) The assessment of civil penalties shall not be a bar against, or a prerequisite for, taking any other action against <br />a user. <br />(e) Appeals of civil penalties assessed in accordance with this section shall be provided in Section 10 43A <br />(f) Such assessments may be added to the user's next scheduled sewer service charges and/or surcharges, and <br />WSACC shall have such remedies for collection of such assessments as it has for collection of other charges. <br />83 Other Available Remedies <br />Remedies, in addition to those previously mentioned in this ordinance, are available to the Executive Director who may <br />use any single one or combination against a noncompliant user. Additional available remedies include, but are not <br />limited to: <br />(a) Criminal Violati <br />WSACC shall assist any federal or state agency, office or authority responsible for criminal investigations or <br />prosecutions for violation of any provision of this ordinance or other federal or state law concerning the <br />discharge of wastewater or other substances into the POTW or the waters of the State. WSACC may request <br />any appropriate federal or state agency, office or authority to undertake an investigation or prosecution of any <br />person for any violation of the provisions of this ordinance or other federal or state law concerning the <br />discharge of wastewater or other substances into the POTW or the waters of the State. (Note: Under North <br />Carolina law, it is a crime to negligently violate any term, condition, or requirement of a pretreatment permit, <br />or negligently fail to apply for a pretreatment permit, issued by WSACC (G.S. 143- 215.613(f)), to knowingly <br />and willfully violate any tenn, condition, or requirement, of a pretreatment permit, knowing at the time that a <br />person is placed in imminent danger of death or serious bodily injury, (G.S. 143- 215.6B(h), and to falsify <br />information required under Article 21 of Chapter 143 of the General Statutes (G.S. 143- 215.6B(i)).] <br />(b) Injunctive Relief <br />Whenever a user is in violation of the provisions of this ordinance or an order or permit issued hereunder, the <br />I • <br />Attachment number 8 <br />H -3 Page 304 <br />