§ 159G-25. Expenditure for emergency corrective action at a wastewater treatment works. - North Carolina Statutes

§ 159G‑25.  Expenditure for emergency correctiveaction at a wastewater treatment works.

(a)        The Department may use revenue in any account of theWastewater Reserve to provide funds for emergency corrective action at awastewater treatment works under the circumstances set out in this section. Theamount expended in a fiscal year for corrective action under this section maynot exceed two hundred thousand dollars ($200,000). An expenditure foremergency corrective action is authorized only under the followingcircumstances:

(1)        A person holding a wastewater discharge or nondischargepermit issued under Article 21 of Chapter 143 of the General Statutes isviolating the terms of the permit.

(2)        The wastewater treatment works operated under the permit hasa design flow capacity of no more than 100,000 gallons a day.

(3)        The Department has given the permit holder written notice ofthe violation.

(4)        The permit holder refuses to take the action required tocomply with the permit.

(5)        The inaction by the permit holder poses a threat to publichealth.

(6)        The Department has informed the permit holder in writingthat the Department plans to take emergency corrective action and then bring acivil action against the permit holder to recover the cost of the emergency correctiveaction.

(b)        The Department may bring a civil action against the holderof the permit for the wastewater treatment works to recover the amount expendedfrom the Wastewater Reserve for the emergency corrective action. The amountrecovered in a civil action must be credited to the account in the WastewaterReserve from which the funds were expended. (2005‑454, s. 3.)