§ 143-215.88A. Enforcement procedures: civil penalties. - North Carolina Statutes

§ 143‑215.88A.  Enforcement procedures: civilpenalties.

(a)        Any person who intentionally or negligently discharges oilor other hazardous substances, or knowingly causes or permits the discharge ofoil in violation of this Part or fails to report a discharge as required byG.S. 143‑215.85 or who fails to comply with the requirements of G.S. 143‑215.84(a)or orders issued by the Commission as a result of violations thereof, shallincur, in addition to any other penalty provided by law, a penalty in an amountnot to exceed five thousand dollars ($5,000) for every such violation, theamount to be determined by the Secretary after taking into consideration thefactors set out in G.S. 143B‑282.1(b), the amount expended by theviolator in complying with the provisions of G.S. 143‑215.84, and theestimated damages attributed to the violator under G.S. 143‑215.90. Everyact or omission which causes, aids or abets a violation of this subsectionshall be considered a violation under the provisions of this subsection andsubject to the penalty herein provided. The procedures set out in G.S. 143‑215.6and G.S. 143B‑282.1 shall apply to civil penalties assessed under thissection. The penalty herein provided for shall become due and payable when theperson incurring the penalty receives a notice in writing from the Commissiondescribing the violation with reasonable particularity and advising such personthat the penalty is due. A person may contest a penalty by filing a petitionfor a contested case under G.S. 150B‑23 within 30 days after receivingnotice of the penalty. If any civil penalty has not been paid within 30 daysafter notice 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 this subsection, or requests remissionof the assessment in whole or in  part. If any civil penalty has not been paidwithin 30 days after the final agency decision or court order has been servedon the violator, the Secretary shall request the Attorney General to institutea civil action in the Superior Court of any county in which the violatorresides or has his or its principal place of business to recover the amount ofthe assessment. Notification received pursuant to this subsection orinformation obtained by the exploitation of such notification shall not be usedagainst any person in any criminal case, except as prosecution for perjury orfor giving a false statement.

(b)        The civil penalties provided by this section, except thecivil penalty for failure to report, shall not apply to the discharge of apesticide regulated by the North Carolina Pesticide Board, if such dischargewould constitute a violation of the North Carolina Pesticide Law and if suchdischarge has not entered the surface waters of the State.

(c)        The clear proceeds of civil penalties provided for in thissection shall be remitted to the Civil Penalty and Forfeiture Fund inaccordance with G.S. 115C‑457.2. (1973, c. 534, s. 1; 1973, c. 1262, s. 23; 1979, c. 535, ss. 25, 26;1987, c. 270; c. 827, ss. 154, 197; 1989 (Reg. Sess., 1990), c. 1036, s. 6; c.1045, s. 7; c. 1075, s. 8; 1998‑215, s. 67(a).)