§ 143-215.104P. (Repealed effective January 1, 2012 - See notes) Enforcement procedures; civil penalties. - North Carolina Statutes

§ 143‑215.104P. (Repealed effective January 1, 2012 – See notes) Enforcement procedures; civilpenalties.

(a)        The Secretary may assess a civil penalty of not more thanten thousand dollars ($10,000) or, if the violation involves a hazardous waste,as defined in G.S. 130‑290, of not more than twenty‑five thousanddollars ($25,000) against any person who:

(1)        Repealed by Session Laws 2000, c. 19, s. 3.

(2)        Engages in dry‑cleaning operations using dry‑cleaningsolvent for which the appropriate sales or use tax has not been paid.

(3)        Fails to comply with rules adopted by the Commissionpursuant to this Part.

(4)        Fails to file, submit, or make available, as the case maybe, any documents, data, or reports required by this Part.

(5)        Violates or fails to act in accordance with the terms,conditions, or requirements of any special order or other appropriate documentissued pursuant to G.S. 143‑215.2.

(6)        Falsifies or tampers with any recording or monitoring deviceor method required to be operated or maintained under this Part or rulesimplementing this Part.

(7)        Knowingly renders inaccurate any recording or monitoringdevice or method required to be operated or maintained under this Part or rulesimplementing this Part.

(8)        Knowingly makes any false statement, representation, orcertification in any application, record, report, plan, or other document filedor required to be maintained under this Part or rule implementing this Part.

(9)        Knowingly makes a false statement of material fact in a rule‑makingproceeding or contested case under this Part.

(10)      Refuses access to the Commission or its duly designatedrepresentative to any premises for purposes of conducting a lawful inspectionprovided for in this Part or rule implementing this Part.

(b)        If any action or failure to act for which a penalty may beassessed under subsection (a) of this section is continuous, the Secretary mayassess a penalty not to exceed ten thousand dollars ($10,000) per day or, ifthe violation involves a hazardous waste, as defined in G.S. 130‑290, notexceed twenty‑five thousand dollars ($25,000) per day. A penalty for acontinuous violation shall not exceed two hundred thousand dollars ($200,000)for each period of 30 days during which the violation continues.

(c)        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.

(d)        The Secretary shall notify any person assessed a civilpenalty for the assessment and the specific reasons therefor by registered orcertified mail or by any means authorized by G.S. 1A‑1, Rule 4. Contestedcase petitions shall be filed pursuant to G.S. 150B‑23 within 30 days ofreceipt of the notice of assessment. The Secretary shall make the finaldecision regarding assessment of a civil penalty under this section.

(e)        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 of the General Statutes and a stipulation of the facts on whichthe assessment was based. Consistent with the limitations in G.S. 143B‑282.1(c)and (d), remission requests may be resolved by the Secretary and the violator.If the Secretary and the violator are unable to resolve the request, theSecretary shall deliver the remission request and the recommended action to theCommittee on Civil Penalty Remissions of the Environmental ManagementCommission appointed pursuant to G.S. 143B‑282.1(c).

(f)         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 the violator's principal placeof business is located in order to recover the amount of the assessment, unlessthe violator contests the assessment as provided in subsection (d) of thissection or requests remission of the assessment in whole or in part as providedin subsection (e) of this section. If any civil penalty has not been paidwithin 30 days after the final agency decision or order has been served on theviolator, the Secretary shall request the Attorney General to institute a civilaction in the superior court of any county in which the violator resides or theviolator's principal place of business is located to recover the amount of theassessment. A civil action must be filed within three years of the date thefinal agency decision or court order was served on the violator. (1997‑392, s. 1; 2000‑19, s. 3.)