§ 143-215.94W. Enforcement procedures: civil penalties. - North Carolina Statutes

§ 143‑215.94W.  Enforcement procedures: civilpenalties.

(a)        A civil penalty of not more than ten thousand dollars($10,000) may be assessed by the Secretary against any person who:

(1)        Violates any provision of this Part or rule adopted pursuantto this Part.

(2)        Fails to apply for or to secure a permit required by thisPart.

(3)        Violates or fails to act in accordance with the terms,conditions, or requirements of any permit issued pursuant 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 or fails to comply with therequirements of G.S. 143B‑279.9 through G.S. 143B‑279.11.

(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 a rule implementing this Part.

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

(10)      Refuses access to the Commission or its duly designatedrepresentative to any premises for the purpose of conducting a lawfulinspection provided for in this Part.

(b)        If any action or failure to act for which a penalty may beassessed under this section is continuous, the Secretary may assess a penaltynot to exceed ten thousand dollars ($10,000) per day for so long as theviolation continues. A penalty for a continuous violation shall not exceed twohundred thousand dollars ($200,000) for each period of 30 days during which theviolation 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 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 pursuant to G.S. 150B‑23 within30 days of receipt of the notice of assessment. The Secretary shall make thefinal decision 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 and a stipulation of the facts on which the assessment was based.Consistent with the limitations in G.S. 143B‑282.1(c) and (d), remissionrequests may be resolved by the Secretary and the violator. If the Secretaryand the violator are unable to resolve the request, the Secretary shall deliverremission requests and his recommended action to the Committee on Civil PenaltyRemissions of the Environmental Management Commission appointed pursuant toG.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 has his or its principal placeof business to recover the amount of the assessment, unless the violatorcontests the assessment as provided in subsection (d) of this section, orrequests remission of the assessment in whole or in part as provided insubsection (e) of this section. If any civil penalty has not been paid within30 days after the final agency decision or court 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 hashis or its principal place of business to recover the amount of the assessment.Such civil actions must be filed within three years of the date the finalagency decision or court order was served on the violator.

(g)        Repealed by Session Laws 1995 (Regular Session, 1996), c.743, s. 17.

(h)        The clear proceeds of civil penalties assessed pursuant tothis section shall be remitted to the Civil Penalty and Forfeiture Fund inaccordance with G.S. 115C‑457.2. (1995, c. 377, s.3; 1995 (Reg. Sess., 1996), c. 743, s. 17; 1998‑215, s. 69; 2002‑90,s. 6.)