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June 18, 2007 (Regular Meeting) Page 469 (c) In determining the amount of the civil penalty, WSACC shall take into account all relevant circumstances, including, but not limited to: (i) The degree and extent of the harm to the natural resources, to the public health, or to public or private property resulting from the violation; (ii) The duration and gravity of the violation; (iii) The effect on ground or surface water quantity or quality or on air quality; (iv) The cost of rectifying the damage; (v) The amount of money saved by noncompliance; (vi) Whether the violation was committed willfully or intentionally; (vii) The prior record of the violator in complying or failing to comply with the pretreatment program; (viii)The costs of enforcement to WSACC. (d) The assessment of civil penalties shall not be a bar against, or a prerequisite for taking any other action against a user (e) Appeals of civil penalties assessed in accordance with this section shall be provided in Section 9.3 (f). (f) Such assessments may be added to the user's next scheduled sewer service charges and/or surcharges and WSACC shall have such remedies for collection of such assessments as it has for collection of other charges. 8.3 Other Available Remedies 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 193 of the General Statutes (G.S. 193-215.6B(i)).J (b) Inl unctive 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.