§ 143-215.36. Enforcement procedures.
§ 143‑215.36. Enforcement procedures.
(a) Criminal Penalties. Any person who shall be adjudged tohave violated this Article shall be guilty of a Class 3 misdemeanor and shallonly be liable to a penalty of not less than one hundred dollars ($100.00) normore than one thousand dollars ($1,000) for each violation. In addition, if anyperson is adjudged to have committed such violation willfully, the court maydetermine that each day during which such violation continued constitutes aseparate violation subject to the foregoing penalty.
(b) Civil Penalties. (1) The Secretary may assess a civilpenalty of not less than one hundred dollars ($100.00) nor more than fivehundred dollars ($500.00) against any person who violates any provisions ofthis Part, a rule implementing this Part, or an order issued under this Part.
(2) If any action or failure to act for which a penalty may beassessed under this Part is willful, the Secretary may assess a penalty not toexceed five hundred dollars ($500.00) per day for each day of violation.
(3) In determining the amount of the penalty, the Secretaryshall consider the factors set out in G.S. 143B‑282.1(b). The proceduresset out in G.S. 143B‑282.1 shall apply to civil penalty assessments thatare presented to the Commission for final agency decision.
(4) The Secretary shall notify any person assessed a civilpenalty of the assessment and the specific reasons therefor by registered orcertified mail, or by any means authorized by G.S. 1A‑1, Rule 4.Contested case petitions shall be filed in accordance with G.S. 150B‑23within 30 days of receipt of the notice of assessment.
(5) Requests for remission of civil penalties shall be filedwith the Secretary. Remission requests shall not be considered unless madewithin 30 days of receipt of the notice of assessment. Remission requests mustbe accompanied by a waiver of the right to a contested case hearing pursuant toChapter 150B and a stipulation of the facts on which the assessment was based.Consistent with the limitations in G.S. 143B‑282.1(c) and G.S. 143‑282.1(d),remission requests may be resolved by the Secretary and the violator. If theSecretary and the violator are unable to resolve the request, the Secretaryshall deliver remission requests and his recommended action to the Committee onCivil Penalty Remissions of the Environmental Management Commission appointedpursuant to G.S. 143B‑282.1(c).
(6) If any civil penalty has not been paid within 30 days afternotice of assessment has been served on the violator, the Secretary shallrequest the Attorney General to institute a civil action in the Superior Courtof any county in which the violator resides or has his or its principal placeof business to recover the amount of the assessment, unless the violatorcontests the assessment as provided in subdivision (4) of this subsection. Ifany civil penalty has not been paid within 30 days after the final agencydecision or court order has been served on the violator, the Secretary shallrequest the Attorney General to institute a civil action in the Superior Courtof any county in which the violator resides or has his or its principal placeof business to recover the amount of the assessment. A civil action shall befiled within three years of the date the final agency decision was served onthe violator.
(7) The Secretary may delegate his powers and duties under thissection to the Director of the Division of Land Resources of the Department.
(8) The clear proceeds of civil penalties assessed pursuant tothis subsection shall be remitted to the Civil Penalty and Forfeiture Fund inaccordance with G.S. 115C‑457.2.
(c) Injunctive Relief. Upon violation of any of the provisionsof this Part, a rule implementing this Part, or an order issued under thisPart, the Secretary may, either before or after the institution of proceedingsfor the collection of the penalty imposed by this Part for such violations,request the Attorney General to institute a civil action in the superior courtof the county or counties where the violation occurred in the name of the Stateupon the relation of the Department for injunctive relief to restrain theviolation or require corrective action, and for such other or further relief inthe premises as said court shall deem proper. Neither the institution of theaction nor any of the proceedings thereon shall relieve any party to suchproceedings from the penalty prescribed by this Part for any violation of thesame. (1967, c. 1068, s. 14;1973, c. 1262, s. 23; 1975, c. 842, s. 3; 1977, c. 771, s. 4; 1987, c. 827, ss.154, 180; 1989 (Reg. Sess., 1990), c. 1036, s. 5; 1991, c. 342, ss. 10, 11;1993, c. 394, s. 9; c. 539, s. 1021; 1994, Ex. Sess., c. 24, s. 14(c); 1998‑215,s. 65.)