(a) Authority to enter. Any authorized city personnel shall be permitted to enter upon public or private property for the purposes of observation, inspection, sampling, monitoring, testing, surveying, and measuring compliance. Should the owner or occupant of any property refuse to permit such reasonable access, the city manager or his designee shall proceed to obtain an administrative search warrant pursuant to G.S. § 15-27.2 or its successor. No person shall obstruct, hamper or interfere with any such representative while carrying out his official duties.
(b) Civil penalties. Civil penalties may be assessed simultaneously for each kind of violation: discharge, connection, improper BMP, maintenance or other violation.
(1) Illicit discharges. Any designer, engineer, contractor, agent, or any other person who allows, acts in concert, participates, directs, or assists directly or indirectly in the creation of a violation of this chapter shall be subject to civil penalties as follows:
a. For first time offenders, if the quantity of the discharge is equal to or less than five gallons and consists of domestic or household products in quantities considered ordinary for household purposes, said person shall be assessed a civil penalty not to exceed $100.00 per violation or per day for any continuing violation, and if the quantity of the discharge is greater than five gallons or contains non-domestic substances, including but not limited to process waste water, or if said person cannot provide clear and convincing evidence of the volume and nature of the substance discharged, said person shall be assessed a civil penalty not to exceed $1,000.00 per violation or per day for any continuing violation.
b. For repeat offenders, the amount of the penalty shall be at least double the amount assessed for the previous penalty, not to exceed $10,000.00 per violation or per day for any continuing violation.
(2) Illicit connections. Any person found with an illicit connection in violation of this chapter and any designer, engineer, contractor, agent, or any other person who allows, acts in concert, participates, directs, or assists directly or indirectly in the establishment of an illicit connection in violation of this chapter, shall be subject to civil penalties as follows:
a. First time offenders shall be subject to a civil penalty not to exceed $500.00 per day of continuing violation.
b. Repeat offenders shall be subject to a civil penalty not to exceed $1,000.00 per day of continuing violation.
(3) Improper BMP maintenance, inspection and reporting. Any permittee found in violation of the BMP maintenance, inspection and reporting requirements of their maintenance agreement with the city or the conditions of their stormwater conveyance and control system permit shall be subject to a civil penalties as follows:
a. First time offenders shall be subject to a civil penalty not to exceed $500.00 per day of continuing violation.
b. Repeat violators shall be subject to a civil penalty not to exceed one $1,000.00 per day of continuing violation.
(4) Other violations. Any person found in violation of other provisions of this chapter, not specifically enumerated elsewhere, shall be subject to a civil penalty not to exceed $100.00 per violation or per day for any continuing violation.
