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or other pollutants these actions must be performed as soon as possible and before the next storm
<br /> event to maintain the effectiveness of the control measures.
<br /> 4) D&to Comply-The permittee must comply with all conditions of this general permit.Any
<br /> permit noncompliance constitutes a violation of the Clean Water Act and is grounds for
<br /> enforcement action;certificate of coverage termination,revocation and reissuance,or
<br /> modification;or denial of a certificate of coverage upon renewal application.-
<br /> a) The permittee shall comply with effluent standards or prohibitions established under section
<br /> 307(a)of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or
<br /> disposal established under section 405(d)of the CWA within the time provided in the
<br /> regulations that establish these standards or prohibitions or standards for sewage sludge use or
<br /> disposal,even if the permit has not yet been modified to incorporate the requirement.
<br /> b) The Clean Water Act provides that any person who violates section 301,302,306,307,308,
<br /> 318 or 405 of the Act,or any permit condition or limitation implementing any such sections in
<br /> a permit issued under section 402,or any requirement imposed in a pretreatment program
<br /> approved under sections 402(a)(3)or 402(b)(8)of the Act,is subject to a civil penalty not to
<br /> exceed$27,000 per day for each violation. The Clean Water Act provides that any person
<br /> who negligently violates sections 301,302,306,307,308,318,or 405 of the Act,or any
<br /> condition or limitation implementing any of such sections in a permit issued under section 402
<br /> of the Act,or any requirement imposed in a pretreatment program approved under section '
<br /> 402(a)(3)or 402(b)(8J of the Act,is subject to criminal penalties of$2,500 to$25,000 per day
<br /> of violation,or imprisonment of not more than 1 year,or both. In the case of a second or
<br /> subsequent conviction for a negligent violation,a person shall be subject to criminal 'penalties
<br /> of not more than$50,000 per day of violation,or by imprisonment of not more than 2 years,or
<br /> both.Any person who knowingly violates such sections,or such conditions or limitations is
<br /> subject t*o criminal penalties of$5,000 to$50,000 per day of violation,or imprisonment for not
<br /> more than 3 years,or both.In the case of a second or subsequent conviction for a knowing
<br /> violation,a person shall be subject to criminal penalties of not more than$100,000 per day of
<br /> violation,or imprisonment of not more than 6 years,or both. Any person who knowingly
<br /> violates section 301,302,303,306,307,308,318 or 405 of the Act,or any permit condition or
<br /> limitation implementing any of such sections in a permit issued under section 402 of the Act,
<br /> and who knows at that time that he thereby places another person in imminent danger of death
<br /> or serious bodily injury,shall,upon conviction,be subject to a fine of not more-than$250,000
<br /> or imprisonment of not more than 15 years,or both. In the case of a second or subsequent
<br /> conviction for a knowing endangerment violation,a person shall be subject to a fine of not
<br /> more than$500,000 or by imprisonment of not more than 30 years,or both. An organization,
<br /> .as defined in section 309(cX3XB)(iii)of the CWA,shall,upon conviction of violating the
<br /> imminent danger provision,be subject to a fine of not more than$1,000,000 and can be fined
<br /> up to$2,000,000 for second or subsequent convictions.
<br /> c) Under state law,a daily civil penalty of not more than twenty-five thousand dollars($25,000)
<br /> per violation may be assessed against any person who violates or fails to act in accordance
<br /> with the terms,conditions,or requirements of a permit.[Ref-NC General Statute 143-
<br /> 215.6A].
<br /> d) Any person may be assessed an administrative penalty by the Administrator of the U.S.
<br /> Environmental Protection Agency for violating section 301,302,306,307,308,318 or 405 of
<br /> the Clean Water Act,or any permit condition or limitation implementing any of such sections
<br /> in a permit issued under section 402 of this Act. Administrative penalties for Class I
<br /> violations are not to exceed$16,000 per violation,with the maximum amount of any Class I
<br /> penalty assessed not to exceed$37,500. Penalties for Class 11 violations are not to exceed
<br /> $16,000 per day for each day during which the violation continues,with the maximum amount
<br /> of any Class 11 penalty not to exceed$177,500.
<br /> 5) Dpty to Mitigate-The permittee shall take all reasonable steps to minimize or prevent any
<br /> discharge in violation of this general permit that has a reasonable likelihood of adversely affecting
<br /> human health or the environment.
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