§ 38-486. General provisions.

(1)

Authorization. The town is authorized under the provisions of Section 130A-39 of the General Statutes of North Carolina (G.S. 130A-39 to adopt more stringent rules in areas regulated by the commission for health services or the environmental management commission where, in the opinion of the town, a more stringent rule is required to protect the public health.

(2)

Purpose. The groundwaters of the town serve a large portion of its citizens and continued growth in rural areas will increase these numbers. Consistent with the authorization and the responsibility to protect and promote public health, the town intends to ensure that the groundwaters of the town are developed and used in a manner which does not jeopardize its citizens or its natural resources.

(3)

Conflict with other laws and regulations. The provisions of any federal, state, or municipal law or regulation establishing standards affording greater protection to the public welfare, safety, health and the groundwater resources shall prevail within the jurisdiction of such agency or municipality over standards established by these rules.

(4)

Penalties. Pursuant to G.S. 130A-25(a), any person who violates a provision of the rules adopted by the town shall be guilty of a misdemeanor. Pursuant to G.S. 130A-18, the town may institute an action for injunctive relief, irrespective of all other remedies at law, in the superior court of the county where the violation occurred or where a defendant resides.

(5)

Jurisdiction. These rules shall apply to all of the town.

(6)

Effective date. These rules shall become effective upon adoption by the town.

(Code 1986, § 16-161; Ord. No. 99-441, 5-11-1999)