2009 North Carolina Code
Chapter 143 - State Departments, Institutions, and Commissions.
§ 143-355.6. Enforcement.

§ 143‑355.6.  Enforcement.

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

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

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

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

(b)        For each willful action or failure to act for which a penalty may be assessed under this section, the Secretary may consider each day the action or inaction continues after notice is given of the violation as a separate violation. A separate penalty may be assessed for each separate violation.

(c)        The Secretary may assess a civil penalty of not more than ten thousand dollars ($10,000) per month against a unit of local government that provides public water service or a large community water system that fails to implement the water conservation measures set out in the water shortage response plan approved by the Department under G.S. 143‑355.2, measures required by the Department under subsections (b) and (d) of G.S. 143‑355.2, or the default measures required under rules adopted by the Commission under S.L. 2002‑167. The amount 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 of emergency water conservation rules adopted by the Secretary pursuant to G.S. 143‑355.3(b) is a Class 1 misdemeanor.

(e)        The Secretary shall notify any person assessed a civil penalty of the assessment and the specific reasons for the assessment by registered or certified mail or by any means authorized by G.S. 1A‑1, Rule 4. Contested case petitions shall be filed within 30 days of receipt of the notice of assessment.  (2008‑143, s. 11.)