(a) Criminal Penalties. Any person who shall be adjudged to have violated any provision of this Partshall be guilty of a Class 3 misdemeanor and shall only be liable to a penaltyof not less than one hundred dollars ($100.00) nor more than one thousanddollars ($1,000) for each violation. In addition, if any person is adjudged tohave committed such violation willfully, the court may determine that each dayduring which such violation continued constitutes a separate violation subjectto the foregoing penalty.
(b) Civil Penalties.
(1) The Secretary mayassess a civil penalty of not less than one hundred dollars ($100.00) nor morethan one thousand dollars ($1,000) against any person who violates anyprovisions of, or any order issued pursuant to this Part, or who violates arule of the Commission implementing this Part.
(2) If any action orfailure to act for which a penalty may be assessed under this Part is willful,the Secretary may assess a penalty not to exceed one thousand dollars ($1,000)per day for each day of violation.
(3) In determining theamount of the penalty the Secretary shall consider the factors set out in G.S.143B‑282.1(b). The procedures set out in G.S. 143B‑282.1 shallapply to civil penalty assessments that are presented to the Commission forfinal agency decision.
(4) The Secretary shallnotify any person assessed a civil penalty of the assessment and the specificreasons therefor by registered or certified mail, or by any means authorized byG.S. 1A‑1, Rule 4. Contested case petitions shall be filed within 30 daysof receipt of the notice of assessment.
(5) Requests forremission of civil penalties shall be filed with the Secretary. Remissionrequests shall not be considered unless made within 30 days of receipt of thenotice of assessment. Remission requests must be accompanied by a waiver of theright to a contested case hearing pursuant to Chapter 150B and a stipulation ofthe facts on which the assessment was based. Consistent with the limitations inG.S. 143B‑282.1(c) and (d), remission requests may be resolved by theSecretary and the violator. If the Secretary and the violator are unable toresolve the request, the Secretary shall deliver remission requests and hisrecommended action to the Committee on Civil Penalty Remissions of theEnvironmental Management Commission appointed pursuant to G.S. 143B‑282.1(c).
(6) If any civil penaltyhas not been paid within 30 days after notice of assessment has been served onthe violator, the Secretary shall request the Attorney General to institute acivil action in the Superior Court of any county in which the violator residesor has his or its principal place of business to recover the amount of theassessment, unless the violator contests the assessment as provided insubdivision (4) of this subsection, or requests remission of the assessment inwhole or in part as provided in subdivision (5) of this subsection. If anycivil penalty has not been paid within 30 days after the final agency decision orcourt order has been served on the violator, the Secretary shall request theAttorney General to institute a civil action in the Superior Court of anycounty in which the violator resides or has his or its principal place ofbusiness to recover the amount of the assessment.
(7) Repealed by SessionLaws 1995 (Regular Session, 1996), c. 743, s. 15.
(8) The clear proceedsof civil penalties assessed pursuant to this subsection shall be remitted tothe Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.
(c) Injunctive Relief. Upon violation of any of the provisions of this Part, a rule implementingthis Part, or an order issued under this Part, the Secretary may, either beforeor after the institution of proceedings for the collection of the penaltyimposed by this Part for such violations, request the Attorney General toinstitute a civil action in the superior court of the county or counties wherethe violation occurred in the name of the State upon the relation of theDepartment for injunctive relief to restrain the violation or requirecorrective action, and for such other or further relief in the premises as saidcourt shall deem proper. Neither the institution of the action nor any of theproceedings thereon shall relieve any party to such proceedings from thepenalty prescribed by this Part for any violation of same. (1967, c. 933, s. 7; 1973,c. 698, s. 16; c. 1262, s. 23; 1975, c. 842, s. 2; 1977, c. 771, s. 4; 1981, c.585, s. 11; 1987, c. 827, ss. 154, 170; 1989 (Reg. Sess., 1990), c. 1036, s. 4;1993, c. 539, s. 1020; 1994, Ex. Sess., c. 24, s. 14(c); 1995 (Reg. Sess.,1996), c. 743, s. 15; 1998‑215, s. 64; 2009‑134, s. 1.)
(a) Criminal Penalties. Any person who shall be adjudged to have violated any provision of this Partshall be guilty of a Class 3 misdemeanor and shall only be liable to a penaltyof not less than one hundred dollars ($100.00) nor more than one thousanddollars ($1,000) for each violation. In addition, if any person is adjudged tohave committed such violation willfully, the court may determine that each dayduring which such violation continued constitutes a separate violation subjectto the foregoing penalty.
(b) Civil Penalties.
(1) The Secretary mayassess a civil penalty of not less than one hundred dollars ($100.00) nor morethan one thousand dollars ($1,000) against any person who violates anyprovisions of, or any order issued pursuant to this Part, or who violates arule of the Commission implementing this Part.
(2) If any action orfailure to act for which a penalty may be assessed under this Part is willful,the Secretary may assess a penalty not to exceed one thousand dollars ($1,000)per day for each day of violation.
(3) In determining theamount of the penalty the Secretary shall consider the factors set out in G.S.143B‑282.1(b). The procedures set out in G.S. 143B‑282.1 shallapply to civil penalty assessments that are presented to the Commission forfinal agency decision.
(4) The Secretary shallnotify any person assessed a civil penalty of the assessment and the specificreasons therefor by registered or certified mail, or by any means authorized byG.S. 1A‑1, Rule 4. Contested case petitions shall be filed within 30 daysof receipt of the notice of assessment.
(5) Requests forremission of civil penalties shall be filed with the Secretary. Remissionrequests shall not be considered unless made within 30 days of receipt of thenotice of assessment. Remission requests must be accompanied by a waiver of theright to a contested case hearing pursuant to Chapter 150B and a stipulation ofthe facts on which the assessment was based. Consistent with the limitations inG.S. 143B‑282.1(c) and (d), remission requests may be resolved by theSecretary and the violator. If the Secretary and the violator are unable toresolve the request, the Secretary shall deliver remission requests and hisrecommended action to the Committee on Civil Penalty Remissions of theEnvironmental Management Commission appointed pursuant to G.S. 143B‑282.1(c).
(6) If any civil penaltyhas not been paid within 30 days after notice of assessment has been served onthe violator, the Secretary shall request the Attorney General to institute acivil action in the Superior Court of any county in which the violator residesor has his or its principal place of business to recover the amount of theassessment, unless the violator contests the assessment as provided insubdivision (4) of this subsection, or requests remission of the assessment inwhole or in part as provided in subdivision (5) of this subsection. If anycivil penalty has not been paid within 30 days after the final agency decision orcourt order has been served on the violator, the Secretary shall request theAttorney General to institute a civil action in the Superior Court of anycounty in which the violator resides or has his or its principal place ofbusiness to recover the amount of the assessment.
(7) Repealed by SessionLaws 1995 (Regular Session, 1996), c. 743, s. 15.
(8) The clear proceedsof civil penalties assessed pursuant to this subsection shall be remitted tothe Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.
(c) Injunctive Relief. Upon violation of any of the provisions of this Part, a rule implementingthis Part, or an order issued under this Part, the Secretary may, either beforeor after the institution of proceedings for the collection of the penaltyimposed by this Part for such violations, request the Attorney General toinstitute a civil action in the superior court of the county or counties wherethe violation occurred in the name of the State upon the relation of theDepartment for injunctive relief to restrain the violation or requirecorrective action, and for such other or further relief in the premises as saidcourt shall deem proper. Neither the institution of the action nor any of theproceedings thereon shall relieve any party to such proceedings from thepenalty prescribed by this Part for any violation of same. (1967, c. 933, s. 7; 1973,c. 698, s. 16; c. 1262, s. 23; 1975, c. 842, s. 2; 1977, c. 771, s. 4; 1981, c.585, s. 11; 1987, c. 827, ss. 154, 170; 1989 (Reg. Sess., 1990), c. 1036, s. 4;1993, c. 539, s. 1020; 1994, Ex. Sess., c. 24, s. 14(c); 1995 (Reg. Sess.,1996), c. 743, s. 15; 1998‑215, s. 64; 2009‑134, s. 1.)
(a) Criminal Penalties. Any person who shall be adjudged to have violated any provision of this Partshall be guilty of a Class 3 misdemeanor and shall only be liable to a penaltyof not less than one hundred dollars ($100.00) nor more than one thousanddollars ($1,000) for each violation. In addition, if any person is adjudged tohave committed such violation willfully, the court may determine that each dayduring which such violation continued constitutes a separate violation subjectto the foregoing penalty.
(b) Civil Penalties.
(1) The Secretary mayassess a civil penalty of not less than one hundred dollars ($100.00) nor morethan one thousand dollars ($1,000) against any person who violates anyprovisions of, or any order issued pursuant to this Part, or who violates arule of the Commission implementing this Part.
(2) If any action orfailure to act for which a penalty may be assessed under this Part is willful,the Secretary may assess a penalty not to exceed one thousand dollars ($1,000)per day for each day of violation.
(3) In determining theamount of the penalty the Secretary shall consider the factors set out in G.S.143B‑282.1(b). The procedures set out in G.S. 143B‑282.1 shallapply to civil penalty assessments that are presented to the Commission forfinal agency decision.
(4) The Secretary shallnotify any person assessed a civil penalty of the assessment and the specificreasons therefor by registered or certified mail, or by any means authorized byG.S. 1A‑1, Rule 4. Contested case petitions shall be filed within 30 daysof receipt of the notice of assessment.
(5) Requests forremission of civil penalties shall be filed with the Secretary. Remissionrequests shall not be considered unless made within 30 days of receipt of thenotice of assessment. Remission requests must be accompanied by a waiver of theright to a contested case hearing pursuant to Chapter 150B and a stipulation ofthe facts on which the assessment was based. Consistent with the limitations inG.S. 143B‑282.1(c) and (d), remission requests may be resolved by theSecretary and the violator. If the Secretary and the violator are unable toresolve the request, the Secretary shall deliver remission requests and hisrecommended action to the Committee on Civil Penalty Remissions of theEnvironmental Management Commission appointed pursuant to G.S. 143B‑282.1(c).
(6) If any civil penaltyhas not been paid within 30 days after notice of assessment has been served onthe violator, the Secretary shall request the Attorney General to institute acivil action in the Superior Court of any county in which the violator residesor has his or its principal place of business to recover the amount of theassessment, unless the violator contests the assessment as provided insubdivision (4) of this subsection, or requests remission of the assessment inwhole or in part as provided in subdivision (5) of this subsection. If anycivil penalty has not been paid within 30 days after the final agency decision orcourt order has been served on the violator, the Secretary shall request theAttorney General to institute a civil action in the Superior Court of anycounty in which the violator resides or has his or its principal place ofbusiness to recover the amount of the assessment.
(7) Repealed by SessionLaws 1995 (Regular Session, 1996), c. 743, s. 15.
(8) The clear proceedsof civil penalties assessed pursuant to this subsection shall be remitted tothe Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.
(c) Injunctive Relief. Upon violation of any of the provisions of this Part, a rule implementingthis Part, or an order issued under this Part, the Secretary may, either beforeor after the institution of proceedings for the collection of the penaltyimposed by this Part for such violations, request the Attorney General toinstitute a civil action in the superior court of the county or counties wherethe violation occurred in the name of the State upon the relation of theDepartment for injunctive relief to restrain the violation or requirecorrective action, and for such other or further relief in the premises as saidcourt shall deem proper. Neither the institution of the action nor any of theproceedings thereon shall relieve any party to such proceedings from thepenalty prescribed by this Part for any violation of same. (1967, c. 933, s. 7; 1973,c. 698, s. 16; c. 1262, s. 23; 1975, c. 842, s. 2; 1977, c. 771, s. 4; 1981, c.585, s. 11; 1987, c. 827, ss. 154, 170; 1989 (Reg. Sess., 1990), c. 1036, s. 4;1993, c. 539, s. 1020; 1994, Ex. Sess., c. 24, s. 14(c); 1995 (Reg. Sess.,1996), c. 743, s. 15; 1998‑215, s. 64; 2009‑134, s. 1.)
