S 0258 General Bill, By M.F. Mullinax
 A Bill to amend Section 44-56-140, Code of Laws of South Carolina, 1976,
 relating to violations and penalties for unlawful acts under the South
 Carolina Hazardous Waste Management Act, so as to provide for a hearing before
 imposing a fine and to change the court in which appeals occur.

   10/29/90  Senate Prefiled
   10/29/90  Senate Referred to Committee on Medical Affairs
   01/08/91  Senate Introduced and read first time SJ-93
   01/08/91  Senate Referred to Committee on Medical Affairs SJ-93

A BILL

TO AMEND SECTION 44-56-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLATIONS AND PENALTIES FOR UNLAWFUL ACTS UNDER THE SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT, SO AS TO PROVIDE FOR A HEARING BEFORE IMPOSING A FINE AND TO CHANGE THE COURT IN WHICH APPEALS OCCUR.

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

SECTION 1. Section 44-56-140 of the 1976 Code is amended to read:

"Section 44-56-140. (A) Whenever When the department finds that any a person is in violation of any a permit, regulation, standard, or requirement under this chapter, the department may:

(1) issue an order requiring such the person to comply with such the permit, regulation, standard, or requirement, or the department may;

(2)request that the Attorney General bring a civil action for injunctive relief in the appropriate court; or, the department may

(3) request that the Attorney General bring a civil enforcement action under subsection B of this section.

Violation of any court order issued pursuant to this section shall be deemed is contempt of the issuing court and punishable therefor as provided by law. The department may also may invoke civil penalties as provided in this section for violations of the provisions of this chapter, including any order, permit, regulation, or standard. No civil penalty may be imposed for a violation of this chapter and regulations promulgated under it before a hearing pursuant to the Administrative Procedures Act. Any A person against whom a civil penalty is invoked by the department may appeal the decision of the department to the Court of Common Pleas in Richland County the county where the facility is located.

(B) Any A person who violates any a provision of Section 44-56-130 shall be is liable for a civil penalty not to exceed twenty-five thousand dollars per for each day of violation.

(C) Any A person who wilfully violates any a provision of Section 44-56-130 shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined not more than twenty-five thousand dollars per for each day of violation or imprisoned for not more than one year or both., if the A conviction is for a second or subsequent offense; the punishment shall be is punishable by a fine not to exceed fifty thousand dollars per for each day of violation, or imprisonment not to exceed two years, or both.

(D) Each day of noncompliance with any an order issued pursuant to this chapter, or noncompliance with any a permit, regulation, standard, or requirement pursuant to Section 44-56-130 shall constitute constitutes a separate offense.

(E) The violations referred to in this section shall must be reported by the department to the governing body of the county or municipality concerned within twenty-four hours."

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