AG 1995 04 17 - Laserfiche WebLink

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me Criminal Violations. The District Attorney for the Cabarrus County Judicial District may, at the request of the Authority, prosecute noncompliant users who violate the provisions of N.C.G.S. 143-215.6S. Injunctive Relief. Whenever a user is in violation of the provisions of this Article or an order or permit issued hereunder, the Executive Director, through the Authority Attorney, may petition in the Superior Court of Justice for the issuance of a restraining order or a preliminary or permanent injunction, which restrains or compels the activities in question. Water Supply Severance. Whenever an user is in violation of the provisions of this Article or an order or permit issued hereunder, water service to the user may be severed and service will only recommence, at the user's expense, after it has satisfactorily demonstrated ability to comply. Public Nuisances. Any violation of the prohibitions or effluent limitations of this Article or contained in a permit or order issued hereunder, is hereby declared a public nuisance and shall be corrected or abated as directed by the Executive Director or his designee. Any person(s) creating a public nuisance shall be subject to the provisions of this Article governing such nuisances, including reimbursing the POTW for any costs incurred in removing, abating or remedying said nuisance. Section ~0-8.4 Remedies Nonexclusive. The remedies provided for in this Article are not exclusive. The Executive Director may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the Authority's enforcement response plan. However, the Executive Director may take other action against any user when the circumstances warrant. Further, the Executive Director is empowered to take more than one enforcement action against any noncomptiant user. Section 10-9 Annual Publication of Reportable Noncompliance. At least annually, the Executive Director shall publish in the largest daily newspaper circulated in the service area, a list of those industrial users which were found to be in Significant Noncompliance, also referred to as Reportable Noncompliance in 1SA NCAC 2H .0903 (b) (10), with applicable pretreatment standards and requirements, during the previous twelve (12) months. Section 10-10 Affirmative Defenses to Discharge Violations. Section 10-10.1 Upset. An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of paragraph (b), below, are met. A user wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence that: 1. An upset occurred and the user can identify the cause(s) of the upset; The facility was at the time being operated in a prudent and workman- like manner and in compliance with applicable operation and maintenance procedures; and Se The user has submitted the following information to the Executive Director within twenty-four (24) hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five (5) days): (a) A description of the indirect discharge and cause of noncompliance;