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"(a) Issuance. -- The Corem ss on is hereby empowered after the effective date of class f 6a ~ons, s andards aud hm tat ols adopted pursuant to G.S: 143-214.1 or G.S. 143-215 or a water supply xwitershed management req0irement adopted pursuant to G.S. 14~-214.5, to issue (and from time to time t0 m0dify or revoke) a special order, or other appropriate instrument, to any person whom it finds responsible for causing or contributing to any pollution arthe waters of the State within the area for which standards have been established. Such tin order or instrument may direct su~:h person to take, or refrain from takiug such action, or to achieve such results, within a period of time specified by such special order, as the Commission deems necessary and feasible in order to alleviate or eliminate such pollution. The Commission is authorized to enter into consent special orders, assurances of voluntary compliance or other similar documents by agreemenl with the person responsible for pollution of the water andsuch document shall have the same force and effect as a special order of the Commission issued pursuant to hearing. Provided, however, that the provisions of this section shall not apply to any agricultural operation, such as the nsc or preparation of any land for th~: purposes of planting, growing, or harvesting plants. crops, trees or other agricultural products, or raising livestock or poultry." Sec. 4. G.S. 143-215.6(a) reads as rewritten: "(a) Civi Penalties. -- ti) ^ civil penalty of not more than ten thousand dollars ($10,000) may be assessed by the Commission against any person who: a. Violates any classification, standard, limitation or management practice established pursuant to G.S. 143-214.1. 143-214.2. or 143-215. b. Is required but rails to apply for or to secure a permi~ reqaired by G.S. 143-215.1. or who violates or fails to act in accordance with the terms, conditions, or requirements of such permil c. Violates or fails to act in accordance with the terms~ couditious, or requirements of any special order or other appropriate document issued pursuant to G.S. 143-215.2. ti. Fails to file, submit, or make available, as the case may be, any documents, oata or reports required by this Article or G.S. 143-355(k) re at ng to water use information. e. Refuses access to the Commission or its duly designated representative to any premises for the purpose of conducting a lawful inspectioe provided for in this Article. f. Violates a ride of the Commission implementing this Part or G.S. 143-355(k). ~ Violates or fails to act in accordani~e with the statewide minimum water supply watershed management reqturements adopted pursnam to G.S. 143-214.5, whether enforced by Ihe Commission or a local eovernmem. (2) [f any action or failure to act for-which a penalty may be assessed under this subsection is continuous, the Commission may assess a penalty not to exceed ten thousand dollars ($10,000) per day for so long as the violation ~contin.u.es~ unless otherwise stipulated. · (3) In determining thc amount of the penalty the Commission shall consider th~ degree and extent of harm caused by the violation and the cost of rectifying the damage. (4) The Commission may assess the penalties provided for in this subsection Any persoa assessed shall be notified of the assessment 4 House Bill 156 I