Article VI - Enforcement and Penalties

1. Any user who violates any sections of this Ordinance or applicable state or federal law or regulations is subject to enforcement action as herein provided or as provided in the Henderson County Code, Chapter 1, General Provisions, Article II.
2. Every user in violation of the provisions of this Ordinance or applicable state and federal laws and regulations or who furnishes false information relative to his use of the County sewerage system, whether he directly commits the acts or aids and abets the same and whether present or absent, shall be proceeded against and held as a principal.

If a user of the County sewerage system proposes to discharge, discharges or accidentally discharges wastewaters or any substance in any manner that is in violation of any section of this Chapter or applicable state or federal laws or regulations, the County Engineer or other duly authorized representative may take the appropriate action to protect the County sewerage system.

Action may be taken by the Board upon receiving a report from the County Engineer or other duly authorized representative outlining details of the user's failure to comply with actions of the County taken pursuant to § 94-23. The Board may order a user violating this Ordinance to show cause before the Board why proposed enforcement action should not be taken. The procedure used by the Board shall be as provided in the succeeding subsections of this section.

1. A notice shall be delivered to the user showing:
   
   1. The date, hour and place of the hearing to be held regarding the alleged violation and any proposed enforcement action.
   2. A reference to the particular section or sections of this Ordinance which are involved.
   3. A short statement of the factual allegations.
   4. Any proposed enforcement action.
   5. A direction that the user show cause why such proposed enforcement action should not be taken.
2. Notice of the hearing shall be delivered to the user personally or mailed, by registered or certified mail, return receipt requested, at least 10 days before the hearing, to the user or any authorized representative of the user.
3. The Board may itself conduct the hearing or may designate any one or number of its members to conduct the hearing as a hearing officer or officers. When it is impractical for a hearing officer to conduct the hearing, another hearing officer may be assigned to continue with the case, unless it is shown that substantial prejudice to a party will result therefrom, in which event a new hearing shall be held or the case dismissed with prejudice to the County.

No person, other than a County employee or the County's authorized agent, may remove recyclable

material from a recycling collection center.

The Solid Waste Advisory Committee shall establish a system of classification for classes of solid waste

that shall be consistent with a system of classification in the Solid Waste Management Plan. The

classification system shall be used as a basis for requiring that solid waste be delivered to an appropriate

County disposal facility in accordance with the Solid Waste Management Plan.

Hearings held pursuant to this article shall be conducted as follows:

1. A user who is a party to the Board action may file a written answer before the date set for hearing.
2. If a user who is a party to the Board action fails to appear after notice has been served or properly mailed and if no adjournment is granted, the Board or a hearing officer may proceed with the hearing and make its decision in the absence of the party.
3. At any hearing held pursuant to this section, testimony taken must be under oath and recorded steno graphically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the actual cost to the County therefore.
4. Users who are parties to the Board action shall be given the opportunity to present arguments on issues of law and an opportunity to present evidence on issues of fact.
5. Users who are parties to the Board action may cross-examine any witness. A party may submit rebuttal evidence.
6. At the conclusion of a hearing conducted by a hearing officer, the officer shall transmit a report of the hearing, together with recommendations to the Board for action thereon.
7. At the conclusion of a hearing conducted by the Board, or upon receipt by the Board of a report of hearing from a hearing officer, the Board shall take action pursuant to §94-28.

The Board shall make final order. The order shall be made after review of the official record as defined below in §94-29, shall be in writing and shall include findings of fact and conclusions of law.

1. Findings of fact shall be based exclusively on the evidence and on matters officially noticed by the Board or hearing officer.
2. An order shall not be made except upon consideration of the record as a whole or such portion thereof as may be cited by any party to the hearing and shall be supported by substantial evidence.
3. A copy of the order shall be served upon each party personally or by registered or certified mail, return receipt requested, and a copy furnished to his attorney of record.
4. Service of all notices or orders contemplated by this article shall be deemed complete upon the mailing of the order by registered or certified mail, return receipt requested, addressed to the user or to its attorney of record.

The official record of the hearing shall include:

1. Notices, pleadings, motions and intermediate rulings.
2. Questions and offers of proof, objections and rulings thereon.
3. Evidence presented.
4. Matters officially noticed, except matters so obvious that a statement of them would serve no useful purpose.
5. Proposed findings and exceptions, if any.
6. Any decision, opinion, order, transmittal or report by the hearing officer presiding at a hearing and by the Board.

1. If, in its order, the Board finds the user is in violation of, fails to comply with or has failed to comply with any of the provisions of this Ordinance, including the willful furnishing of false information relative to same, it may, in the order, in addition to invoking the enforcement actions set forth in §94-22:
   
   1. Subject the user to a civil penalty of not more than $1,000 for each violation, to be recovered by the Board in a civil action in the nature of a debt if the user does not pay the penalty within a prescribed period of time after he has been found to be in violation of this Ordinance. When a user has been assessed a civil penalty by the Board, he shall be notified of the assessment personally or by registered or certified mail, return receipt requested.
   2. Require the user making, causing or allowing the discharge to pay any costs or expenses incurred by the County, which expenses may include, but not be limited to, damage to the County sewerage system, extraordinary monitoring of the wastes and extraordinary treatment measures or processing imposed on the wastewater treatment by said discharge.
   3. Require the user making, causing or allowing the discharge to pay any cost or expense incurred by the County for any fine or penalty imposed on the County by the state or federal government or agency thereof because of a violation of the NPDES permit or damage to the environment that is attributed to said discharge.
   4. Require the user making, causing or allowing the discharge to furnish a bond or other security, with terms specified by the Board, to hold the County harmless from any loss or expense that the County may incur as a result of such noncompliance or any future noncompliance.
   5. Recover reasonable attorney's fees and expenses incurred by the Board as a result of its employing legal counsel to assist the County Engineer or the Board in taking action pursuant to this article of this Ordinance.
2. If the user assessed fails to pay the amount of the civil penalty or assessment to the County within 30 days after receipt of notice, or such longer period, not to exceed 180 days, as the Board may specify, the Board may institute a civil action to recover the amount of the assessment in the General Court of Justice of the County in which the violation occurred or, in the discretion of the County, in the County in which the person assessed has his or its principal place of business.

If the County Engineer or other duly authorized representative determines that an action, a potential action or a continuing action of a user may create a potential for damage to the County sewerage system, the receiving stream, the environment, life or health of humans or animals or an interference with treatment processes at a wastewater treatment plant:

1. She or he may recommend to the Board enforcement of this Ordinance as it applies to said violation by said user by seeking an appropriate equitable remedy issuing from a court of competent jurisdiction.
2. The Board may, without providing prior notice to said user, request enforcement of this Ordinance as it applies to said violation by said user by seeking an appropriate equitable remedy issuing from a court of competent jurisdiction. In such case, the General Court of Justice shall have jurisdiction to issue such orders as may be appropriate, and it shall not be a defense to the application of the Board for equitable relief that there is an adequate remedy at law.

All monthly bills due the County for sewer service shall be payable at the collection office in the Henderson County Finance Department office or other designated location within 21 days after date of issue. If any bill remains unpaid for a period of 30 days after being mailed, and if the subject customer is provided with metered water service by a government entity, the Henderson County Finance Department shall request that the said government entity turn the customer's water off. In cases in which sewer service but not water service is furnished to a customer and the bill for such sewer service remains unpaid for a period of 30 days after being mailed to such consumer, the Henderson County Finance Department may take any steps which are legal, including but not limited to hiring collectors and filing a court action, to collect the bills.

1. Notice and hearing.
   
   1. The County shall designate a person(s) to hear customer complaints concerning overcharges, charges for services not rendered or other billing errors. The County's designee is authorized to review disputed bills and to correct any errors which may appear therein.
   2. The County's designee shall notify sewer customers whose service may be terminated that the amount shown as due on any such customer's bill may be questioned by discussing such bill with a designated official who is authorized to correct billing errors. The notice shall include the phone number, office hours and office location of the designated official. The notice may be given by mail, by notice enclosed with a bill, by notice printed on a bill or by similar means.
   3. Sewer service shall not be terminated for failure to pay a sewer bill until 10 days after the notice required by this section has been mailed.
2. Time and method of payment of sewer fees. All monthly sewer user fees shall be due and payable at the Henderson County Finance Department office. All sewer permit fees and sewer capacity depletion fees and other sewer fees shall be payable at the Henderson County Utilities Department/CCWSD. Sewer bills and fees not paid within 30 days after the invoice is mailed, in addition to any other penalties provided by law, the County may request any government-owned water supplier to cut off from such property the use of water, and if such water is obtained from sources of supply other than a government- owned water system, the discharge thereof into the County's system shall be illegal and the owner of the property subject to fine or imprisonment as provided by law.
3. Refunds or damages for failure of sewer service. No person shall be entitled to damages nor did to have any portion of payment refund for any failure of sewer service due to any necessary construction or repairs.
4. CCWSD sewer bills will still be rendered when the premises is vacant even if the water is turned off.
5. Adjustment of bills inequitable or abnormal due to unavoidable waste. The County may adjust and settle inequitable and abnormal sewer bills due to unavoidable waste.
6. Billing records for sewer services. The County shall maintain billing records for sewer services for a period of 3 years. Adjustments to sewer bills will be based on the availability of records.