§ 143-355.6. Enforcement. - North Carolina Statutes

§ 143‑355.6. Enforcement.

(a)        The Secretary mayassess a civil penalty of not less than one hundred dollars ($100.00) nor morethan five hundred dollars ($500.00) against any person who:

(1)        Fails to reportwater use or other information required under G.S. 143‑355(k).

(2)        Fails to act inaccordance with the terms, conditions, or requirements of an order issued bythe Secretary under G.S. 143‑355.3.

(3)        Violates anyprovision of this Article or any rule adopted by the Commission, theDepartment, or the Secretary implementing this Article.

(b)        For each willfulaction or failure to act for which a penalty may be assessed under thissection, the Secretary may consider each day the action or inaction continuesafter notice is given of the violation as a separate violation. A separatepenalty may be assessed for each separate violation.

(c)        The Secretary mayassess a civil penalty of not more than ten thousand dollars ($10,000) permonth against a unit of local government that provides public water service ora large community water system that fails to implement the water conservationmeasures set out in the water shortage response plan approved by the Departmentunder G.S. 143‑355.2, measures required by the Department undersubsections (b) and (d) of G.S. 143‑355.2, or the default measuresrequired under rules adopted by the Commission under S.L. 2002‑167. Theamount of the civil penalty shall be based on the factors set out in G.S. 143B‑282.1(b).The Secretary may remit a civil penalty based on the factors set out in G.S.143B‑282.1(c)(1).

(d)        The violation ofemergency water conservation rules adopted by the Secretary pursuant to G.S.143‑355.3(b) is a Class 1 misdemeanor.

(e)        The Secretary shallnotify any person assessed a civil penalty of the assessment and the specificreasons for the assessment by registered or certified mail or by any meansauthorized by G.S. 1A‑1, Rule 4. Contested case petitions shall be filedwithin 30 days of receipt of the notice of assessment.  (2008‑143, s. 11.)