§ 143-215.114A. Enforcement procedures: civil penalties. - North Carolina Statutes

§ 143‑215.114A. Enforcement procedures: civil penalties.

(a)        A civil penalty ofnot more than twenty‑five thousand dollars ($25,000) may be assessed bythe Secretary against any person who:

(1)        Violates anyclassification, standard or limitation established pursuant to G.S. 143‑215.107.

(2)        Is required butfails to apply for or to secure a permit required by G.S. 143‑215.108 orwho violates or fails to act in accordance with the terms, conditions, orrequirements of such permit.

(3)        Violates or fails toact in accordance with the terms, conditions, or requirements of any specialorder or other appropriate document issued pursuant to G.S. 143‑215.110.

(4)        Fails to file,submit, or make available, as the case may be, any documents, data or reportsrequired by this Article or Parts 1 or 7 of Article 21 of this Chapter.

(5)        Violates a rule ofthe Commission or a local governing body implementing this Article or Parts 1or 7 of Article 21.

(6)        Violates theoffenses set out in G.S. 143‑215.114B.

(7)        Violates the emissionslimitations set out in G.S. 143‑215.107D.

(b)        If any action orfailure to act for which a penalty may be assessed under this section iscontinuous, the Secretary may assess a penalty not to exceed twenty‑fivethousand dollars ($25,000) per day for so long as the violation continues.

(b1)      The Secretary mayassess a civil penalty of not more than twenty‑five thousand dollars($25,000) per day for a violation of the emissions limitations set out in G.S.143‑215.107D as provided in this subsection. If at the end of anycalendar year, an investor‑owned public utility has violated an emissionslimitation set out in G.S. 143‑215.107D, the violation shall beconsidered to be continuous from the day that the collective emissions firstexceeded the emissions limitation set out in G.S. 143‑215.107D throughthe end of the calendar year and the Secretary may assess a separate civilpenalty for each day.

(c)        In determining theamount of the penalty the Secretary shall consider the factors set out in G.S.143B‑282.1(b). The procedures set out in G.S. 143B‑282.1 shallapply to civil penalty assessments that are presented to the Commission forfinal agency decision.

(d)        The Secretary shallnotify any person assessed a civil penalty of the assessment and the specific reasonstherefor by registered or certified mail, or by any means authorized by G.S. 1A‑1,Rule 4. Contested case petitions shall be filed within 30 days of receipt ofthe notice of assessment.

(e)        Requests forremission of civil penalties shall be filed with the Secretary. Remissionrequests shall not be considered unless made within 30 days of receipt of thenotice of assessment. Remission requests must be accompanied by a waiver of theright to a contested case hearing pursuant to Chapter 150B and a stipulation ofthe facts on which the assessment was based. Consistent with the limitations inG.S. 143B‑282.1(c) and (d), remission requests may be resolved by theSecretary and the violator. If the Secretary and the violator are unable toresolve the request, the Secretary shall deliver remission requests and hisrecommended action to the Committee on Civil Penalty Remissions of theEnvironmental Management Commission appointed pursuant to G.S. 143B‑282.1(c).

(f)         If any civilpenalty has not been paid within 30 days after notice of assessment has beenserved on the violator, the Secretary shall request the Attorney General toinstitute a civil action in the Superior Court of any county in which theviolator resides or has his or its principal place of business to recover theamount of the assessment, unless the violator contests the assessment asprovided in subdivision (4) of this subsection, or requests remission of theassessment in whole or in part as provided in subdivision (5) of thissubsection. If any civil penalty has not been paid within 30 days after thefinal agency decision or court order has been served on the violator, theSecretary shall request the Attorney General to institute a civil action in theSuperior Court of any county in which the violator resides or has his or itsprincipal place of business to recover the amount of the assessment. Such civilactions must be filed within three years of the date the final agency decisionor court order was served on the violator.

(g)        Repealed by SessionLaws 1996, Second Extra Session c. 18, s. 27.34(f).

(h)        The clear proceedsof penalties provided for in this section shall be remitted to the CivilPenalty and Forfeiture Fund in accordance with G.S. 115C‑457.2. (1973, c. 821, s. 6; c. 1262,s. 23; c. 1331, s. 3; 1975, c. 19, s. 53; c. 842, ss. 6, 7; 1977, c. 771, s. 4;1979, c. 545, ss. 4‑6; 1987, c. 748, s. 2; c. 827, ss. 154, 212; 1989, c.135, s. 8; 1989 (Reg. Sess., 1990), c. 1036, s. 8; c. 1045, s. 4; 1991, c. 552,s. 4; c. 725, s. 7; 1991 (Reg. Sess., 1992), c. 890, s. 18; 1996, 2nd Ex.Sess., c. 18, s. 27.34(f); 1997‑496, s. 7; 1998‑215, s. 73; 2002‑4,ss. 4, 5; 2002‑165, s. 1.12; 2007‑296, s. 1.)