§ 90A-30. Penalties; remedies; contested cases.
§ 90A‑30. Penalties;remedies; contested cases.
(a) Upon therecommendation of the Board of Certification, the Secretary of Environment andNatural Resources or a delegated representative may impose an administrative,civil penalty on any person, corporation, company, association, partnership,unit of local government, State agency, federal agency, or other legal entitywho violates G.S. 90A‑29(a). Each day of a continued violation shallconstitute a separate violation. The penalty shall not exceed one hundreddollars ($100.00) for each day such violation continues. No penalty shall beassessed until the person alleged to be in violation has been notified of theviolation.
The clear proceeds ofpenalties imposed pursuant to this section shall be remitted to the CivilPenalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.
(b) Any person wishingto contest a penalty issued under this section shall be entitled to anadministrative hearing and judicial review conducted according to theprocedures outlined in Articles 3 and 4 of Chapter 150B of the GeneralStatutes.
(c) The Secretary maybring a civil action in the superior court of the county in which the violationis alleged to have occurred to recover the amount of the administrative penaltywhenever an owner or person in control of a water treatment facility
(1) Who has notrequested an administrative hearing fails to pay the penalty within 60 daysafter being notified of such penalty, or
(2) Who has requested anadministrative hearing fails to pay the penalty within 60 days after service ofa written copy of the decision as provided in G.S. 150B‑36.
(d) Notwithstanding anyother provision of law, this section imposes the only penalty or sanction,civil or criminal, for violations of G.S. 90A‑29(a) or for the failure tomeet any other legal requirement for a water system to have a certifiedoperator in responsible charge. (1981, c. 616, s. 11; 1987, c. 827, s. 231; 1989, c.227, s. 5; c. 727, s. 219(12); 1989 (Reg. Sess., 1990), c. 1024, s. 18; 1997‑443,s. 11A.31; 1998‑215, s. 45.)