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draft #15- clean <br /> 09-05-2001 <br /> B. The Department may reinstate a RM license revoked for a violation of a permit condition <br /> after the revocation has been in effect for thirty (30) working days if the Department <br /> finds that the RM permit conditions causing the violation have been corrected. <br /> C. When the Department finds that a RM licensee has transported or accepted for transport <br /> any regulated recyclable material that has not been separated for purposes of recycling,or <br /> which has been commingled with non-regulated recyclable material or solid waste,unless <br /> the material and/or waste is to be delivered to an approved Commingled Recycling <br /> Facility,the RM license shall be revoked for one year if: <br /> 1. the violation has occurred within thirty(30)days of another such violation,or <br /> 2. the violation is the fifth such violation to occur within one(1)year. <br /> The holder of a revoked RM license may reapply after one year of the date of revocation <br /> for a new license. Any person whose RM license was previously revoked and who <br /> subsequently received a new license will have that license revoked upon the receipt by <br /> that person of a single additional violation. <br /> 3. Criminal Penalty. Any person violating this ordinance shall be guilty of a misdemeanor <br /> punishable by a fine not to exceed five hundred($500) dollars or imprisonment for not more <br /> than thirty (30) days, or both. Each day's continuing violation is a separate and distinct <br /> offense. Each violation is a separate and distinct offense. <br /> 4. Civil Penalty. Any person who is found in violation of this ordinance shall be subject to a <br /> civil penalty of not to exceed five hundred ($500) dollars as provided herein and as <br /> authorized by N.C.G.S. § 153A-123. Each violation incident is a separate and distinct <br /> offense. <br /> The Department Director may issue to any person who or that has violated this <br /> ordinance, a citation giving notice of the alleged violation(s) and the civil penalty <br /> imposed. Citations so issued may be delivered or mailed by first-class mail to the <br /> person violating this ordinance.Delivery of the citation by first class mail shall be the <br /> method of delivery if the person violating the ordinance cannot readily be served in <br /> person. The following civil penalties shall be assessed for each violation of this <br /> ordinance: <br /> (1) Failure to obtain a regulated recyclable material collection license. <br /> (2) Failure to recycle regulated recyclable material as <br /> defined in this Ordinance. <br /> (3) Failure to obtain an approved RM permit as defined <br /> in this Ordinance. <br /> Number of Prior Amount <br /> Violations <br /> 0 '$50 <br /> 1 $100 <br /> 2 $200 <br /> 3 $300 <br /> 4 $400 <br /> 5 or more $500 <br /> 5. Equitable remedies. This ordinance may be enforced by equitable remedies. Any unlawful <br /> condition existing or in violation of this ordinance may be enforced by injunction and order <br /> of abatement in accordance with N.C.G.S. § 153A-123. <br /> 7 <br />