State Codes and Statutes

Statutes > North-carolina > Chapter_143 > GS_143-215_69

§ 143‑215.69. Enforcement procedures.

(a)        (1) Criminal Penalties. – Except as provided in subdivision(2) of this subsection, any person who violates any provisions of this Part orany rules adopted by the Commission for its implementation shall be guilty of aClass 3 misdemeanor and shall be only liable to a penalty of not less than onehundred dollars ($100.00), nor more than one thousand dollars ($1,000) for eachviolation and each day such person shall fail to comply after having beenofficially notified by the Commission shall constitute a separate offensesubject to the foregoing penalty.

(2)        Any person who violates any provision of this Part or anyrule adopted by the Commission to implement this Part that imposes arequirement that is also a requirement under Title V or any rule adopted by theCommission to implement Title V shall be subject to punishment as provided byG.S. 143‑215.114B.

(b)        Civil Penalties. – The Commission may assess a civil penaltyagainst a person who violates this Part or a rule of the Commissionimplementing this Part. For persons subject to the provisions of G.S. 143‑215.1,the amount of the penalty shall not exceed the maximum imposed in G.S. 143‑215.6Aand shall be assessed in accordance with the procedure set out in G.S. 143‑215.6Afor assessing a civil penalty. For persons subject to the provisions of TitleV, G.S. 143‑215.108, or G.S. 143‑215.109, the amount of penaltyshall not exceed the maximum imposed in G.S. 143‑215.114A and shall beassessed in accordance with the procedure set out in G.S. 143‑215.114Afor assessing a civil penalty. The clear proceeds of civil penalties assessedunder this subsection shall be remitted to the Civil Penalty and ForfeitureFund in accordance with G.S. 115C‑457.2.

(c)        Injunctive Relief. – Upon violation of any of the provisionsof this Part, a rule implementing this Part, or an order issued under thisPart, the Secretary may, either before or after the institution of proceedingsfor the collection of the penalty imposed by this Part for such violations,request the Attorney General to institute a civil action in the superior courtof the county or counties where the violation occurred in the name of the Stateupon the relation of the Department for injunctive relief to restrain theviolation or require corrective action, and for such other or further relief inthe premises as said court shall deem proper. Neither the institution of theaction nor any of the proceedings thereon shall relieve any party to suchproceedings from the penalty prescribed by this Part for any violation of same.

(d)        Repealed by Session Laws 1987, c. 827, s. 189. (1971, c. 1167, s. 9; 1973, c. 1262, s. 23; 1975, c.842, s. 5; 1977, c. 771, s. 4; 1987, c. 827, ss. 154, 189; 1989 (Reg. Sess.,1990), c. 1045, s. 10; 1993, c. 400, s. 6; c. 539, s. 1023; 1994, Ex. Sess., c.24, s. 14(c); 1998‑215, s. 66.)

State Codes and Statutes

Statutes > North-carolina > Chapter_143 > GS_143-215_69

§ 143‑215.69. Enforcement procedures.

(a)        (1) Criminal Penalties. – Except as provided in subdivision(2) of this subsection, any person who violates any provisions of this Part orany rules adopted by the Commission for its implementation shall be guilty of aClass 3 misdemeanor and shall be only liable to a penalty of not less than onehundred dollars ($100.00), nor more than one thousand dollars ($1,000) for eachviolation and each day such person shall fail to comply after having beenofficially notified by the Commission shall constitute a separate offensesubject to the foregoing penalty.

(2)        Any person who violates any provision of this Part or anyrule adopted by the Commission to implement this Part that imposes arequirement that is also a requirement under Title V or any rule adopted by theCommission to implement Title V shall be subject to punishment as provided byG.S. 143‑215.114B.

(b)        Civil Penalties. – The Commission may assess a civil penaltyagainst a person who violates this Part or a rule of the Commissionimplementing this Part. For persons subject to the provisions of G.S. 143‑215.1,the amount of the penalty shall not exceed the maximum imposed in G.S. 143‑215.6Aand shall be assessed in accordance with the procedure set out in G.S. 143‑215.6Afor assessing a civil penalty. For persons subject to the provisions of TitleV, G.S. 143‑215.108, or G.S. 143‑215.109, the amount of penaltyshall not exceed the maximum imposed in G.S. 143‑215.114A and shall beassessed in accordance with the procedure set out in G.S. 143‑215.114Afor assessing a civil penalty. The clear proceeds of civil penalties assessedunder this subsection shall be remitted to the Civil Penalty and ForfeitureFund in accordance with G.S. 115C‑457.2.

(c)        Injunctive Relief. – Upon violation of any of the provisionsof this Part, a rule implementing this Part, or an order issued under thisPart, the Secretary may, either before or after the institution of proceedingsfor the collection of the penalty imposed by this Part for such violations,request the Attorney General to institute a civil action in the superior courtof the county or counties where the violation occurred in the name of the Stateupon the relation of the Department for injunctive relief to restrain theviolation or require corrective action, and for such other or further relief inthe premises as said court shall deem proper. Neither the institution of theaction nor any of the proceedings thereon shall relieve any party to suchproceedings from the penalty prescribed by this Part for any violation of same.

(d)        Repealed by Session Laws 1987, c. 827, s. 189. (1971, c. 1167, s. 9; 1973, c. 1262, s. 23; 1975, c.842, s. 5; 1977, c. 771, s. 4; 1987, c. 827, ss. 154, 189; 1989 (Reg. Sess.,1990), c. 1045, s. 10; 1993, c. 400, s. 6; c. 539, s. 1023; 1994, Ex. Sess., c.24, s. 14(c); 1998‑215, s. 66.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_143 > GS_143-215_69

§ 143‑215.69. Enforcement procedures.

(a)        (1) Criminal Penalties. – Except as provided in subdivision(2) of this subsection, any person who violates any provisions of this Part orany rules adopted by the Commission for its implementation shall be guilty of aClass 3 misdemeanor and shall be only liable to a penalty of not less than onehundred dollars ($100.00), nor more than one thousand dollars ($1,000) for eachviolation and each day such person shall fail to comply after having beenofficially notified by the Commission shall constitute a separate offensesubject to the foregoing penalty.

(2)        Any person who violates any provision of this Part or anyrule adopted by the Commission to implement this Part that imposes arequirement that is also a requirement under Title V or any rule adopted by theCommission to implement Title V shall be subject to punishment as provided byG.S. 143‑215.114B.

(b)        Civil Penalties. – The Commission may assess a civil penaltyagainst a person who violates this Part or a rule of the Commissionimplementing this Part. For persons subject to the provisions of G.S. 143‑215.1,the amount of the penalty shall not exceed the maximum imposed in G.S. 143‑215.6Aand shall be assessed in accordance with the procedure set out in G.S. 143‑215.6Afor assessing a civil penalty. For persons subject to the provisions of TitleV, G.S. 143‑215.108, or G.S. 143‑215.109, the amount of penaltyshall not exceed the maximum imposed in G.S. 143‑215.114A and shall beassessed in accordance with the procedure set out in G.S. 143‑215.114Afor assessing a civil penalty. The clear proceeds of civil penalties assessedunder this subsection shall be remitted to the Civil Penalty and ForfeitureFund in accordance with G.S. 115C‑457.2.

(c)        Injunctive Relief. – Upon violation of any of the provisionsof this Part, a rule implementing this Part, or an order issued under thisPart, the Secretary may, either before or after the institution of proceedingsfor the collection of the penalty imposed by this Part for such violations,request the Attorney General to institute a civil action in the superior courtof the county or counties where the violation occurred in the name of the Stateupon the relation of the Department for injunctive relief to restrain theviolation or require corrective action, and for such other or further relief inthe premises as said court shall deem proper. Neither the institution of theaction nor any of the proceedings thereon shall relieve any party to suchproceedings from the penalty prescribed by this Part for any violation of same.

(d)        Repealed by Session Laws 1987, c. 827, s. 189. (1971, c. 1167, s. 9; 1973, c. 1262, s. 23; 1975, c.842, s. 5; 1977, c. 771, s. 4; 1987, c. 827, ss. 154, 189; 1989 (Reg. Sess.,1990), c. 1045, s. 10; 1993, c. 400, s. 6; c. 539, s. 1023; 1994, Ex. Sess., c.24, s. 14(c); 1998‑215, s. 66.)