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June 18, 2007 (Regular Meeting) (c) Water Supply Severance Page 470 Whenever an 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 person(s) 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 a nenec„p_icnt ~__- 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 anv action which WSACC determines to be appropriate for aviolation of anv discharge permit. or order issued pursuant to this ordinance. Further, the Executive Director is empowered to take more than one enforcement action against any ~onco-P",~~•^^- person in violation of the provisions of this ordinance SECTION 9 - ANNUAL PUALICATION OF SIGNIFICANT NONCOMPLIANCE At least annually, the Executive Director shall publish in kmc '__--_-` ac'_'•• ^ i>t a th ^e areas a ~#s~ e€ these 'n~aeE~4a~ rsse~s wh~~ie~e €eend to He t~ signer€~earrta~e-«=se ~------- -.. _., ='c'_c a newspaper of general circulation that provides meaningful public notice within the jurisdiction(s) served by the POTW a list of those industrial users which were found to be in significant noncompliance, also referred to as reportable noncompliance in 15A NCAC 2H .0903(b)(10), with applicable pretreatment standards and requirements, during the previous 12 months. SECTION 10 - AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS ' 10.1 Upset (a) 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. (b) A user wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: