(a) The Secretary ofEnvironment and Natural Resources may impose an administrative penalty on aperson who violates Article 9 of this Chapter, rules adopted by the Commissionpursuant to Article 9, or any term or condition of a permit or order issuedunder Article 9. Each day of a continuing violation shall constitute a separateviolation. The penalty shall not exceed fifteen thousand dollars ($15,000) perday in the case of a violation involving nonhazardous waste. The penalty shallnot exceed thirty‑two thousand five hundred dollars ($32,500) per day inthe case of a first violation involving hazardous waste as defined in G.S. 130A‑290or involving the disposal of medical waste as defined in G.S. 130A‑290 inor upon water in a manner that results in medical waste entering waters orlands of the State; and shall not exceed fifty thousand dollars ($50,000) perday for a second or further violation involving the disposal of medical wasteas defined in G.S. 130A‑290 in or upon water in a manner that results inmedical waste entering waters or lands of the State. The penalty shall notexceed thirty‑two thousand five hundred dollars ($32,500) per day for aviolation involving a voluntary remedial action implemented pursuant to G.S.130A‑310.9(c) or a violation of the rules adopted pursuant to G.S. 130A‑310.12(b).The penalty shall not exceed one hundred dollars ($100.00) for a firstviolation; two hundred dollars ($200.00) for a second violation within any 12‑monthperiod; and five hundred dollars ($500.00) for each additional violation withinany 12‑month period for any violation of Part 2G of Article 9 of thisChapter. If a person fails to pay a civil penalty within 60 days after thefinal agency decision or court order has been served on the violator, theSecretary of Environment and Natural Resources shall request the AttorneyGeneral to institute a civil action in the superior court of any county inwhich the violator resides or has his or its principal place of business torecover the amount of the assessment. Such civil actions must be filed withinthree years of the date the final agency decision or court order was served onthe violator.
(a1) Part 5 of Article21A of Chapter 143 of the General Statutes shall apply to the determination ofcivil liability or penalty pursuant to subsection (a) of this section.
(b) The Secretary ofEnvironment and Natural Resources may impose an administrative penalty on aperson who violates G.S. 130A‑325. Each day of a continuing violation shallconstitute a separate violation. The penalty shall not exceed twenty‑fivethousand dollars ($25,000) for each day the violation continues.
(b1) The Secretary mayimpose an administrative penalty on a person who violates Article 19 of thisChapter or a rule adopted pursuant to that Article. Except as provided insubsection (b2) of this section, the penalty shall not exceed one thousanddollars ($1,000) per day per violation. Until the Department has notified theperson of the violation, a continuing violation shall be treated as oneviolation. Each day thereafter of a continuing violation shall be treated as aseparate violation.
In determining the amount of apenalty under this subsection or subsection (b2) of this section, the Secretaryshall consider all of the following factors:
(1) The degree andextent of harm to the natural resources of the State, to the public health, orto private property resulting from the violation.
(2) The duration andgravity of the violation.
(3) The effect on airquality.
(4) The cost ofrectifying the damage.
(5) The amount of moneythe violator saved by noncompliance.
(6) The prior record ofthe violator in complying or failing to comply with Article 19 of this Chapteror a rule adopted pursuant to that Article.
(7) The cost to theState of the enforcement procedures.
(8) If applicable, thesize of the renovation and demolition involved in the violation.
(b2) The penalty forviolations of the asbestos NESHAP for demolition and renovation, as defined inG.S. 130A‑444, shall not exceed ten thousand dollars ($10,000) per dayper violation. Until the Department has provided the person with writtennotification of the violation of the asbestos NESHAP for demolition andrenovation that describes the violation, recommends a general course of action,and establishes a time frame in which to correct the violations, a continuingviolation shall be treated as one violation. Each day thereafter of acontinuing violation shall be treated as a separate violation. A violation ofthe asbestos NESHAP for demolition and renovation is not considered to continueduring the period a person who has received the notice of violation isfollowing the general course of action and complying with the time frame setforth in the notice of violation.
(b3) The Secretary mayimpose an administrative penalty on a person who violates Article 19A or 19B ofthis Chapter or any rules adopted pursuant to Article 19A or 19B of thisChapter. Each day of a continuing violation is a separate violation. Thepenalty shall not exceed one thousand dollars ($1,000) for each day theviolation continues for Article 19A of this Chapter. The penalty shall notexceed seven hundred fifty dollars ($750.00) for each day the violationcontinues for Article 19B of this Chapter. The penalty authorized by thissection does not apply to a person who is not required to be certified underArticle 19A or 19B.
(c) The Secretary ofEnvironment and Natural Resources may impose an administrative penalty on aperson who willfully violates Article 11 of this Chapter, rules adopted by theCommission pursuant to Article 11 or any condition imposed upon a permit issuedunder Article 11. An administrative penalty may not be imposed upon a personwho establishes that neither the site nor the system may be improved or a newsystem installed so as to comply with Article 11 of this Chapter. Each day of acontinuing violation shall constitute a separate violation. The penalty shallnot exceed fifty dollars ($50.00) per day in the case of a wastewater collection,treatment and disposal system with a design daily flow of no more than 480gallons or in the case of any system serving a single one‑familydwelling. The penalty shall not exceed three hundred dollars ($300.00) per dayin the case of a wastewater collection, treatment and disposal system with adesign daily flow of more than 480 gallons which does not serve a single one‑familydwelling.
(c1) The Secretary mayimpose a monetary penalty on a vendor who violates rules adopted by theCommission pursuant to Article 13 of this Chapter when the Secretary determinesthat disqualification would result in hardship to participants in the Women,Infants, and Children (WIC) program. The penalty shall be calculated using thefollowing formula: multiply five percent (5%) times the average dollar amountof the vendor's monthly redemptions of WIC food instruments for the 12‑monthperiod immediately preceding disqualification, then multiply that product bythe number of months of the disqualification period determined by theSecretary.
(d) In determining theamount of the penalty in subsections (a), (b) and (c), the Secretary and theSecretary of Environment and Natural Resources shall consider the degree andextent of the harm caused by the violation and the cost of rectifying thedamage.
(e) A person contestinga penalty shall, by filing a petition pursuant to G.S. 150B‑23(a) notlater than 30 days after receipt by the petitioner of the document whichconstitutes agency action, be entitled to an administrative hearing andjudicial review in accordance with Chapter 150B of the General Statutes, theAdministrative Procedure Act.
(f) The Commissionshall adopt rules concerning the imposition of administrative penalties underthis section.
(g) The Secretary orthe Secretary of Environment and Natural Resources may bring a civil action inthe superior court of the county where the violation occurred or where thedefendant resides to recover the amount of an administrative penalty authorizedunder this section whenever a person:
(1) Who has notrequested an administrative hearing in accordance with subsection (e) of thissection fails to pay the penalty within 60 days after being notified of thepenalty; or
(2) Who has requested anadministrative hearing fails to pay the penalty within 60 days after service ofa written copy of the final agency decision.
(h) A local healthdirector may impose an administrative penalty on any person who willfullyviolates the wastewater collection, treatment, and disposal rules of the localboard of health adopted pursuant to G.S. 130A‑335(c) or who willfullyviolates a condition imposed upon a permit issued under the approved localrules. An administrative penalty may not be imposed upon a person whoestablishes that neither the site nor the system may be improved or a newsystem installed so as to comply with Article 11 of this Chapter. The localhealth director shall establish and recover the amount of the administrativepenalty in accordance with subsections (d) and (g). Each day of a continuingviolation shall constitute a separate violation. The penalty shall not exceedfifty dollars ($50.00) per day in the case of a wastewater collection,treatment and disposal system with a design daily flow of no more than 480gallons or in the case of any system serving a single one‑familydwelling. The penalty shall not exceed three hundred dollars ($300.00) per dayin the case of a wastewater collection, treatment and disposal system with adesign daily flow of more than 480 gallons which does not serve a single one‑familydwelling. A person contesting a penalty imposed under this subsection shall beentitled to an administrative hearing and judicial review in accordance withG.S. 130A‑24. A local board of health shall adopt rules concerning theimposition of administrative penalties under this subsection.
(h1) (EffectiveJanuary 2, 2010) A local health director may take the following actions andmay impose the following administrative penalty on a person who manages,operates, or controls a public place or place of employment and fails to complywith the provisions of Part 1C of Article 23 of this Chapter or with rulesadopted thereunder or with local ordinances, rules, laws, or policies adoptedpursuant to Part 2 of Article 23 of this Chapter:
(1) First violation. Providethe person in violation with written notice of the person's first violation andnotification of action to be taken in the event of subsequent violations.
(2) Second violation. Providethe person in violation with written notice of the person's second violationand notification of administrative penalties to be imposed for subsequentviolations.
(3) Subsequentviolations. Impose on the person in violation an administrative penalty ofnot more than two hundred dollars ($200.00) for the third and subsequentviolations.
Each day on which a violationof this Article or rules adopted pursuant to this Article occurs may beconsidered a separate and distinct violation. Notwithstanding G.S. 130A‑25,a violation of Article 23 of this Chapter shall not be punishable as a criminalviolation.
(i) The clear proceedsof penalties assessed pursuant to this section shall be remitted to the CivilPenalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.
(j) The Secretary ofEnvironment and Natural Resources may also assess the reasonable costs of anyinvestigation, inspection, or monitoring associated with the assessment of thecivil penalty against any person who is assessed a civil penalty under thissection. (1983,c. 891, s. 2; 1987, c. 269, s. 2; c. 656; c. 704, s. 1; c. 827, s. 247; 1989,c. 742, s. 4; 1991, c. 691, s. 1; c. 725, s. 8; 1991 (Reg. Sess., 1992), c.944, s. 11; 1993 (Reg. Sess., 1994), c. 686, s. 1; 1995, c. 504, s. 8; 1997‑443,s. 11A.64; 1997‑523, s. 2; 1998‑215, s. 54(a); 2001‑474, s.21; 2002‑154, s. 1; 2007‑550, ss. 3(a), 4(a); 2009‑27, s. 2;2009‑163, s. 2; 2009‑488, s. 2.)
(a) The Secretary ofEnvironment and Natural Resources may impose an administrative penalty on aperson who violates Article 9 of this Chapter, rules adopted by the Commissionpursuant to Article 9, or any term or condition of a permit or order issuedunder Article 9. Each day of a continuing violation shall constitute a separateviolation. The penalty shall not exceed fifteen thousand dollars ($15,000) perday in the case of a violation involving nonhazardous waste. The penalty shallnot exceed thirty‑two thousand five hundred dollars ($32,500) per day inthe case of a first violation involving hazardous waste as defined in G.S. 130A‑290or involving the disposal of medical waste as defined in G.S. 130A‑290 inor upon water in a manner that results in medical waste entering waters orlands of the State; and shall not exceed fifty thousand dollars ($50,000) perday for a second or further violation involving the disposal of medical wasteas defined in G.S. 130A‑290 in or upon water in a manner that results inmedical waste entering waters or lands of the State. The penalty shall notexceed thirty‑two thousand five hundred dollars ($32,500) per day for aviolation involving a voluntary remedial action implemented pursuant to G.S.130A‑310.9(c) or a violation of the rules adopted pursuant to G.S. 130A‑310.12(b).The penalty shall not exceed one hundred dollars ($100.00) for a firstviolation; two hundred dollars ($200.00) for a second violation within any 12‑monthperiod; and five hundred dollars ($500.00) for each additional violation withinany 12‑month period for any violation of Part 2G of Article 9 of thisChapter. If a person fails to pay a civil penalty within 60 days after thefinal agency decision or court order has been served on the violator, theSecretary of Environment and Natural Resources shall request the AttorneyGeneral to institute a civil action in the superior court of any county inwhich the violator resides or has his or its principal place of business torecover the amount of the assessment. Such civil actions must be filed withinthree years of the date the final agency decision or court order was served onthe violator.
(a1) Part 5 of Article21A of Chapter 143 of the General Statutes shall apply to the determination ofcivil liability or penalty pursuant to subsection (a) of this section.
(b) The Secretary ofEnvironment and Natural Resources may impose an administrative penalty on aperson who violates G.S. 130A‑325. Each day of a continuing violation shallconstitute a separate violation. The penalty shall not exceed twenty‑fivethousand dollars ($25,000) for each day the violation continues.
(b1) The Secretary mayimpose an administrative penalty on a person who violates Article 19 of thisChapter or a rule adopted pursuant to that Article. Except as provided insubsection (b2) of this section, the penalty shall not exceed one thousanddollars ($1,000) per day per violation. Until the Department has notified theperson of the violation, a continuing violation shall be treated as oneviolation. Each day thereafter of a continuing violation shall be treated as aseparate violation.
In determining the amount of apenalty under this subsection or subsection (b2) of this section, the Secretaryshall consider all of the following factors:
(1) The degree andextent of harm to the natural resources of the State, to the public health, orto private property resulting from the violation.
(2) The duration andgravity of the violation.
(3) The effect on airquality.
(4) The cost ofrectifying the damage.
(5) The amount of moneythe violator saved by noncompliance.
(6) The prior record ofthe violator in complying or failing to comply with Article 19 of this Chapteror a rule adopted pursuant to that Article.
(7) The cost to theState of the enforcement procedures.
(8) If applicable, thesize of the renovation and demolition involved in the violation.
(b2) The penalty forviolations of the asbestos NESHAP for demolition and renovation, as defined inG.S. 130A‑444, shall not exceed ten thousand dollars ($10,000) per dayper violation. Until the Department has provided the person with writtennotification of the violation of the asbestos NESHAP for demolition andrenovation that describes the violation, recommends a general course of action,and establishes a time frame in which to correct the violations, a continuingviolation shall be treated as one violation. Each day thereafter of acontinuing violation shall be treated as a separate violation. A violation ofthe asbestos NESHAP for demolition and renovation is not considered to continueduring the period a person who has received the notice of violation isfollowing the general course of action and complying with the time frame setforth in the notice of violation.
(b3) The Secretary mayimpose an administrative penalty on a person who violates Article 19A or 19B ofthis Chapter or any rules adopted pursuant to Article 19A or 19B of thisChapter. Each day of a continuing violation is a separate violation. Thepenalty shall not exceed one thousand dollars ($1,000) for each day theviolation continues for Article 19A of this Chapter. The penalty shall notexceed seven hundred fifty dollars ($750.00) for each day the violationcontinues for Article 19B of this Chapter. The penalty authorized by thissection does not apply to a person who is not required to be certified underArticle 19A or 19B.
(c) The Secretary ofEnvironment and Natural Resources may impose an administrative penalty on aperson who willfully violates Article 11 of this Chapter, rules adopted by theCommission pursuant to Article 11 or any condition imposed upon a permit issuedunder Article 11. An administrative penalty may not be imposed upon a personwho establishes that neither the site nor the system may be improved or a newsystem installed so as to comply with Article 11 of this Chapter. Each day of acontinuing violation shall constitute a separate violation. The penalty shallnot exceed fifty dollars ($50.00) per day in the case of a wastewater collection,treatment and disposal system with a design daily flow of no more than 480gallons or in the case of any system serving a single one‑familydwelling. The penalty shall not exceed three hundred dollars ($300.00) per dayin the case of a wastewater collection, treatment and disposal system with adesign daily flow of more than 480 gallons which does not serve a single one‑familydwelling.
(c1) The Secretary mayimpose a monetary penalty on a vendor who violates rules adopted by theCommission pursuant to Article 13 of this Chapter when the Secretary determinesthat disqualification would result in hardship to participants in the Women,Infants, and Children (WIC) program. The penalty shall be calculated using thefollowing formula: multiply five percent (5%) times the average dollar amountof the vendor's monthly redemptions of WIC food instruments for the 12‑monthperiod immediately preceding disqualification, then multiply that product bythe number of months of the disqualification period determined by theSecretary.
(d) In determining theamount of the penalty in subsections (a), (b) and (c), the Secretary and theSecretary of Environment and Natural Resources shall consider the degree andextent of the harm caused by the violation and the cost of rectifying thedamage.
(e) A person contestinga penalty shall, by filing a petition pursuant to G.S. 150B‑23(a) notlater than 30 days after receipt by the petitioner of the document whichconstitutes agency action, be entitled to an administrative hearing andjudicial review in accordance with Chapter 150B of the General Statutes, theAdministrative Procedure Act.
(f) The Commissionshall adopt rules concerning the imposition of administrative penalties underthis section.
(g) The Secretary orthe Secretary of Environment and Natural Resources may bring a civil action inthe superior court of the county where the violation occurred or where thedefendant resides to recover the amount of an administrative penalty authorizedunder this section whenever a person:
(1) Who has notrequested an administrative hearing in accordance with subsection (e) of thissection fails to pay the penalty within 60 days after being notified of thepenalty; or
(2) Who has requested anadministrative hearing fails to pay the penalty within 60 days after service ofa written copy of the final agency decision.
(h) A local healthdirector may impose an administrative penalty on any person who willfullyviolates the wastewater collection, treatment, and disposal rules of the localboard of health adopted pursuant to G.S. 130A‑335(c) or who willfullyviolates a condition imposed upon a permit issued under the approved localrules. An administrative penalty may not be imposed upon a person whoestablishes that neither the site nor the system may be improved or a newsystem installed so as to comply with Article 11 of this Chapter. The localhealth director shall establish and recover the amount of the administrativepenalty in accordance with subsections (d) and (g). Each day of a continuingviolation shall constitute a separate violation. The penalty shall not exceedfifty dollars ($50.00) per day in the case of a wastewater collection,treatment and disposal system with a design daily flow of no more than 480gallons or in the case of any system serving a single one‑familydwelling. The penalty shall not exceed three hundred dollars ($300.00) per dayin the case of a wastewater collection, treatment and disposal system with adesign daily flow of more than 480 gallons which does not serve a single one‑familydwelling. A person contesting a penalty imposed under this subsection shall beentitled to an administrative hearing and judicial review in accordance withG.S. 130A‑24. A local board of health shall adopt rules concerning theimposition of administrative penalties under this subsection.
(h1) (EffectiveJanuary 2, 2010) A local health director may take the following actions andmay impose the following administrative penalty on a person who manages,operates, or controls a public place or place of employment and fails to complywith the provisions of Part 1C of Article 23 of this Chapter or with rulesadopted thereunder or with local ordinances, rules, laws, or policies adoptedpursuant to Part 2 of Article 23 of this Chapter:
(1) First violation. Providethe person in violation with written notice of the person's first violation andnotification of action to be taken in the event of subsequent violations.
(2) Second violation. Providethe person in violation with written notice of the person's second violationand notification of administrative penalties to be imposed for subsequentviolations.
(3) Subsequentviolations. Impose on the person in violation an administrative penalty ofnot more than two hundred dollars ($200.00) for the third and subsequentviolations.
Each day on which a violationof this Article or rules adopted pursuant to this Article occurs may beconsidered a separate and distinct violation. Notwithstanding G.S. 130A‑25,a violation of Article 23 of this Chapter shall not be punishable as a criminalviolation.
(i) The clear proceedsof penalties assessed pursuant to this section shall be remitted to the CivilPenalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.
(j) The Secretary ofEnvironment and Natural Resources may also assess the reasonable costs of anyinvestigation, inspection, or monitoring associated with the assessment of thecivil penalty against any person who is assessed a civil penalty under thissection. (1983,c. 891, s. 2; 1987, c. 269, s. 2; c. 656; c. 704, s. 1; c. 827, s. 247; 1989,c. 742, s. 4; 1991, c. 691, s. 1; c. 725, s. 8; 1991 (Reg. Sess., 1992), c.944, s. 11; 1993 (Reg. Sess., 1994), c. 686, s. 1; 1995, c. 504, s. 8; 1997‑443,s. 11A.64; 1997‑523, s. 2; 1998‑215, s. 54(a); 2001‑474, s.21; 2002‑154, s. 1; 2007‑550, ss. 3(a), 4(a); 2009‑27, s. 2;2009‑163, s. 2; 2009‑488, s. 2.)
(a) The Secretary ofEnvironment and Natural Resources may impose an administrative penalty on aperson who violates Article 9 of this Chapter, rules adopted by the Commissionpursuant to Article 9, or any term or condition of a permit or order issuedunder Article 9. Each day of a continuing violation shall constitute a separateviolation. The penalty shall not exceed fifteen thousand dollars ($15,000) perday in the case of a violation involving nonhazardous waste. The penalty shallnot exceed thirty‑two thousand five hundred dollars ($32,500) per day inthe case of a first violation involving hazardous waste as defined in G.S. 130A‑290or involving the disposal of medical waste as defined in G.S. 130A‑290 inor upon water in a manner that results in medical waste entering waters orlands of the State; and shall not exceed fifty thousand dollars ($50,000) perday for a second or further violation involving the disposal of medical wasteas defined in G.S. 130A‑290 in or upon water in a manner that results inmedical waste entering waters or lands of the State. The penalty shall notexceed thirty‑two thousand five hundred dollars ($32,500) per day for aviolation involving a voluntary remedial action implemented pursuant to G.S.130A‑310.9(c) or a violation of the rules adopted pursuant to G.S. 130A‑310.12(b).The penalty shall not exceed one hundred dollars ($100.00) for a firstviolation; two hundred dollars ($200.00) for a second violation within any 12‑monthperiod; and five hundred dollars ($500.00) for each additional violation withinany 12‑month period for any violation of Part 2G of Article 9 of thisChapter. If a person fails to pay a civil penalty within 60 days after thefinal agency decision or court order has been served on the violator, theSecretary of Environment and Natural Resources shall request the AttorneyGeneral to institute a civil action in the superior court of any county inwhich the violator resides or has his or its principal place of business torecover the amount of the assessment. Such civil actions must be filed withinthree years of the date the final agency decision or court order was served onthe violator.
(a1) Part 5 of Article21A of Chapter 143 of the General Statutes shall apply to the determination ofcivil liability or penalty pursuant to subsection (a) of this section.
(b) The Secretary ofEnvironment and Natural Resources may impose an administrative penalty on aperson who violates G.S. 130A‑325. Each day of a continuing violation shallconstitute a separate violation. The penalty shall not exceed twenty‑fivethousand dollars ($25,000) for each day the violation continues.
(b1) The Secretary mayimpose an administrative penalty on a person who violates Article 19 of thisChapter or a rule adopted pursuant to that Article. Except as provided insubsection (b2) of this section, the penalty shall not exceed one thousanddollars ($1,000) per day per violation. Until the Department has notified theperson of the violation, a continuing violation shall be treated as oneviolation. Each day thereafter of a continuing violation shall be treated as aseparate violation.
In determining the amount of apenalty under this subsection or subsection (b2) of this section, the Secretaryshall consider all of the following factors:
(1) The degree andextent of harm to the natural resources of the State, to the public health, orto private property resulting from the violation.
(2) The duration andgravity of the violation.
(3) The effect on airquality.
(4) The cost ofrectifying the damage.
(5) The amount of moneythe violator saved by noncompliance.
(6) The prior record ofthe violator in complying or failing to comply with Article 19 of this Chapteror a rule adopted pursuant to that Article.
(7) The cost to theState of the enforcement procedures.
(8) If applicable, thesize of the renovation and demolition involved in the violation.
(b2) The penalty forviolations of the asbestos NESHAP for demolition and renovation, as defined inG.S. 130A‑444, shall not exceed ten thousand dollars ($10,000) per dayper violation. Until the Department has provided the person with writtennotification of the violation of the asbestos NESHAP for demolition andrenovation that describes the violation, recommends a general course of action,and establishes a time frame in which to correct the violations, a continuingviolation shall be treated as one violation. Each day thereafter of acontinuing violation shall be treated as a separate violation. A violation ofthe asbestos NESHAP for demolition and renovation is not considered to continueduring the period a person who has received the notice of violation isfollowing the general course of action and complying with the time frame setforth in the notice of violation.
(b3) The Secretary mayimpose an administrative penalty on a person who violates Article 19A or 19B ofthis Chapter or any rules adopted pursuant to Article 19A or 19B of thisChapter. Each day of a continuing violation is a separate violation. Thepenalty shall not exceed one thousand dollars ($1,000) for each day theviolation continues for Article 19A of this Chapter. The penalty shall notexceed seven hundred fifty dollars ($750.00) for each day the violationcontinues for Article 19B of this Chapter. The penalty authorized by thissection does not apply to a person who is not required to be certified underArticle 19A or 19B.
(c) The Secretary ofEnvironment and Natural Resources may impose an administrative penalty on aperson who willfully violates Article 11 of this Chapter, rules adopted by theCommission pursuant to Article 11 or any condition imposed upon a permit issuedunder Article 11. An administrative penalty may not be imposed upon a personwho establishes that neither the site nor the system may be improved or a newsystem installed so as to comply with Article 11 of this Chapter. Each day of acontinuing violation shall constitute a separate violation. The penalty shallnot exceed fifty dollars ($50.00) per day in the case of a wastewater collection,treatment and disposal system with a design daily flow of no more than 480gallons or in the case of any system serving a single one‑familydwelling. The penalty shall not exceed three hundred dollars ($300.00) per dayin the case of a wastewater collection, treatment and disposal system with adesign daily flow of more than 480 gallons which does not serve a single one‑familydwelling.
(c1) The Secretary mayimpose a monetary penalty on a vendor who violates rules adopted by theCommission pursuant to Article 13 of this Chapter when the Secretary determinesthat disqualification would result in hardship to participants in the Women,Infants, and Children (WIC) program. The penalty shall be calculated using thefollowing formula: multiply five percent (5%) times the average dollar amountof the vendor's monthly redemptions of WIC food instruments for the 12‑monthperiod immediately preceding disqualification, then multiply that product bythe number of months of the disqualification period determined by theSecretary.
(d) In determining theamount of the penalty in subsections (a), (b) and (c), the Secretary and theSecretary of Environment and Natural Resources shall consider the degree andextent of the harm caused by the violation and the cost of rectifying thedamage.
(e) A person contestinga penalty shall, by filing a petition pursuant to G.S. 150B‑23(a) notlater than 30 days after receipt by the petitioner of the document whichconstitutes agency action, be entitled to an administrative hearing andjudicial review in accordance with Chapter 150B of the General Statutes, theAdministrative Procedure Act.
(f) The Commissionshall adopt rules concerning the imposition of administrative penalties underthis section.
(g) The Secretary orthe Secretary of Environment and Natural Resources may bring a civil action inthe superior court of the county where the violation occurred or where thedefendant resides to recover the amount of an administrative penalty authorizedunder this section whenever a person:
(1) Who has notrequested an administrative hearing in accordance with subsection (e) of thissection fails to pay the penalty within 60 days after being notified of thepenalty; or
(2) Who has requested anadministrative hearing fails to pay the penalty within 60 days after service ofa written copy of the final agency decision.
(h) A local healthdirector may impose an administrative penalty on any person who willfullyviolates the wastewater collection, treatment, and disposal rules of the localboard of health adopted pursuant to G.S. 130A‑335(c) or who willfullyviolates a condition imposed upon a permit issued under the approved localrules. An administrative penalty may not be imposed upon a person whoestablishes that neither the site nor the system may be improved or a newsystem installed so as to comply with Article 11 of this Chapter. The localhealth director shall establish and recover the amount of the administrativepenalty in accordance with subsections (d) and (g). Each day of a continuingviolation shall constitute a separate violation. The penalty shall not exceedfifty dollars ($50.00) per day in the case of a wastewater collection,treatment and disposal system with a design daily flow of no more than 480gallons or in the case of any system serving a single one‑familydwelling. The penalty shall not exceed three hundred dollars ($300.00) per dayin the case of a wastewater collection, treatment and disposal system with adesign daily flow of more than 480 gallons which does not serve a single one‑familydwelling. A person contesting a penalty imposed under this subsection shall beentitled to an administrative hearing and judicial review in accordance withG.S. 130A‑24. A local board of health shall adopt rules concerning theimposition of administrative penalties under this subsection.
(h1) (EffectiveJanuary 2, 2010) A local health director may take the following actions andmay impose the following administrative penalty on a person who manages,operates, or controls a public place or place of employment and fails to complywith the provisions of Part 1C of Article 23 of this Chapter or with rulesadopted thereunder or with local ordinances, rules, laws, or policies adoptedpursuant to Part 2 of Article 23 of this Chapter:
(1) First violation. Providethe person in violation with written notice of the person's first violation andnotification of action to be taken in the event of subsequent violations.
(2) Second violation. Providethe person in violation with written notice of the person's second violationand notification of administrative penalties to be imposed for subsequentviolations.
(3) Subsequentviolations. Impose on the person in violation an administrative penalty ofnot more than two hundred dollars ($200.00) for the third and subsequentviolations.
Each day on which a violationof this Article or rules adopted pursuant to this Article occurs may beconsidered a separate and distinct violation. Notwithstanding G.S. 130A‑25,a violation of Article 23 of this Chapter shall not be punishable as a criminalviolation.
(i) The clear proceedsof penalties assessed pursuant to this section shall be remitted to the CivilPenalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.
(j) The Secretary ofEnvironment and Natural Resources may also assess the reasonable costs of anyinvestigation, inspection, or monitoring associated with the assessment of thecivil penalty against any person who is assessed a civil penalty under thissection. (1983,c. 891, s. 2; 1987, c. 269, s. 2; c. 656; c. 704, s. 1; c. 827, s. 247; 1989,c. 742, s. 4; 1991, c. 691, s. 1; c. 725, s. 8; 1991 (Reg. Sess., 1992), c.944, s. 11; 1993 (Reg. Sess., 1994), c. 686, s. 1; 1995, c. 504, s. 8; 1997‑443,s. 11A.64; 1997‑523, s. 2; 1998‑215, s. 54(a); 2001‑474, s.21; 2002‑154, s. 1; 2007‑550, ss. 3(a), 4(a); 2009‑27, s. 2;2009‑163, s. 2; 2009‑488, s. 2.)
