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August 19, 2013 (Regular Meeting) 8.3 Other Available Remedies Page 1707 Remedies, in addition to those previously mentioned in this ordinance, are available to the Executive Director who may use any single one or combination against a noncompliant user. Additional available remedies include, but are not limited to: (a) Criminal Violations WSACC shall assist any federal or state agency, office or authority responsible for criminal investigations or prosecutions for violation of any provision of this ordinance or other federal or state law concerning the discharge of wastewater or other substances into the POTW or the waters of the State. WSACC may request any appropriate federal or state agency, office or authority to undertake an investigation or prosecution of any person for any violation of the provisions of this ordinance or other federal or state law concerning the discharge of wastewater or other substances into the POTW or the waters of the State. {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 WSACC (G.S. 143- 215.6B(f)), to knowingly and willfully violate any term, condition, or requirement, of 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) Injunctive Relief Whenever a user is in violation of the provisions of this ordinance or an order or permit issued hereunder, the Executive Director, through WSACC Attorney, may petition in 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. (c) Water Supply Severance Whenever a user is in violation of the provisions of this ordinance 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. (d) Civil Relief If any person discharges sewage, industrial wastes or other wastewater into the POTW contrary to the provisions of this ordinance, pretreatment requirements or standards, any order of WSACC, or violates its wastewater discharge permit, an action may be commenced in the name of WSACC for appropriate legal and /or equitable relief in the appropriate division of the state's general court of justice. (e) Public Nuisances Any violation of the prohibitions or effluent limitations of this ordinance 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 persons) creating a public nuisance shall be subject to the provisions of this ordinance governing such nuisances, including reimbursing the POTW for any costs incurred in removing, abating or remedying said nuisance. 8.4 Remedies Nonexclusive The remedies provided for in this ordinance are not exclusive. The Executive Director may take any, all, or any combination of these actions against any person in violation of the provisions of this ordinance. Enforcement of pretreatment violations will generally be in accordance with WSACC's enforcement response plan. However, in no instance may such a plan be construed to limit the authority of WSACC to take any action which WSACC determines to be appropriate for a violation of any discharge permit or order issued pursuant to this ordinance. Further, the Executive