S*0147(Rat #0096, Act #0095 of 2001)  General Bill, By Hawkins, Waldrep and 
Ritchie
 A BILL TO AMEND SECTION 48-1-320, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO CRIMINAL PENALTIES FOR VIOLATIONS OF THE POLLUTION CONTROL ACT, SO
 AS TO PROVIDE THAT OTHER THAN WILFUL VIOLATIONS SUCH PENALTIES MAY ONLY BE
 IMPOSED FOR GROSS NEGLIGENCE OR RECKLESSNESS RATHER THAN SIMPLE
 NEGLIGENCE.-AMENDED TITLE

   01/16/01  Senate Introduced and read first time SJ-4
   01/16/01  Senate Referred to Committee on Medical Affairs SJ-4
   04/03/01  Senate Committee report: Favorable Medical Affairs SJ-21
   04/04/01  Senate Read second time SJ-26
   04/05/01  Senate Read third time and sent to House SJ-10
   04/10/01  House  Introduced and read first time HJ-10
   04/10/01  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-10
   05/16/01  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs HJ-5
   05/22/01  House  Amended HJ-19
   05/22/01  House  Read second time HJ-19
   05/23/01  House  Read third time and returned to Senate with
                     amendments HJ-28
   05/29/01  Senate Non-concurrence in House amendment SJ-8
   05/29/01  House   House recedes from amendment(s) HJ-28
   05/30/01  Senate Ordered enrolled for ratification SJ-9
   06/05/01         Ratified R 96
   08/31/01         Signed By Governor
   08/31/01         Effective date 08/31/01
   09/17/01         Copies available
   09/17/01         Act No. 95

AN ACT TO AMEND SECTION 48-1-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PENALTIES FOR VIOLATIONS OF THE POLLUTION CONTROL ACT, SO AS TO PROVIDE THAT OTHER THAN WILFUL VIOLATIONS SUCH PENALTIES MAY ONLY BE IMPOSED FOR GROSS NEGLIGENCE OR RECKLESSNESS RATHER THAN SIMPLE NEGLIGENCE.

Be it enacted by the General Assembly of the State of South Carolina:

Penalties for Pollution Control Act violations

SECTION 1. Section 48-1-320 of the 1976 Code is amended to read:

"Section 48-1-320. A person who wilfully or with gross negligence or recklessness violates a provision of this chapter or a regulation, permit, permit condition, or final determination or order of the department is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars or more than twenty-five thousand dollars for each day's violation or be imprisoned for not more than two years, or both."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Ratified the 5th day of June, 2001.

Approved the 31st day of August, 2001.