H*4038 Session 108 (1989-1990)
H*4038(Rat #0722, Act #0585 of 1990) General Bill, By Sharpe, K.S. Corbett,
H.M. Hallman, S.G. Manly, C.L. Sturkie, C.Y. Waites and Wilkes
A Bill to amend Chapter 5, Title 49, Code of Laws of South Carolina, 1976,
relating to the Groundwater Use Act, so as to further provide for the
regulations of groundwater and other water resources of the State including
provisions to revise and provide for additional definitions in regard to this
Act, to further provide for factors which the Water Resources Commission shall
consider in determining and declaring capacity use areas in the State, to
revise the procedures required to be followed in declaring a capacity use
area, to further provide for the promulgation of the regulations to be applied
in a capacity use area, to revise the conditions under which, procedures under
which, and duration of groundwater use permits which may be issued in the
capacity use area, to authorize the Commission to cooperate with other state
agencies and agencies of the federal government in the administration of the
provisions of this Act and to negotiate certain agreements, accords, or
compacts, to authorize the imposition by the Commission of certain civil
penalties for the violation of this Act, and to prohibit certain flowing wells
and to provide exceptions.-amended title
05/11/89 House Introduced and read first time HJ-12
05/11/89 House Referred to Committee on Agriculture and Natural
Resources HJ-13
04/04/90 House Committee report: Favorable with amendment
Agriculture and Natural Resources HJ-5
04/05/90 House Amended HJ-52
04/05/90 House Read second time HJ-55
04/05/90 House Unanimous consent for third reading on next
legislative day HJ-55
04/06/90 House Read third time and sent to Senate HJ-2
04/10/90 Senate Introduced and read first time SJ-10
04/10/90 Senate Referred to Committee on Agriculture and Natural
Resources SJ-10
05/02/90 Senate Committee report: Favorable Agriculture and
Natural Resources SJ-7
05/31/90 Senate Amended SJ-68
05/31/90 Senate Read second time SJ-69
05/31/90 Senate Unanimous consent for third reading on next
legislative day SJ-69
06/04/90 Senate Read third time and returned to House with
amendments SJ-2
06/04/90 House Concurred in Senate amendment and enrolled HJ-14
06/07/90 Ratified R 722
06/12/90 Signed By Governor
06/12/90 Effective date 06/12/90
06/12/90 Act No. 585
07/02/90 Copies available
(A585, R722, H4038)
AN ACT TO AMEND CHAPTER 5, TITLE 49, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE GROUNDWATER USE ACT, SO AS TO FURTHER PROVIDE
FOR THE REGULATION OF GROUNDWATER AND OTHER WATER RESOURCES OF THE
STATE INCLUDING PROVISIONS TO REVISE AND PROVIDE FOR ADDITIONAL
DEFINITIONS IN REGARD TO THIS ACT, TO FURTHER PROVIDE FOR FACTORS
WHICH THE WATER RESOURCES COMMISSION SHALL CONSIDER IN DETERMINING AND
DECLARING CAPACITY USE AREAS IN THE STATE, TO REVISE THE PROCEDURES
REQUIRED TO BE FOLLOWED IN DECLARING A CAPACITY USE AREA, TO FURTHER
PROVIDE FOR THE PROMULGATION OF THE REGULATIONS TO BE APPLIED IN A
CAPACITY USE AREA, TO REVISE THE CONDITIONS UNDER WHICH, PROCEDURES
UNDER WHICH, AND DURATION OF GROUNDWATER USE PERMITS WHICH MAY BE
ISSUED IN THE CAPACITY USE AREA, TO AUTHORIZE THE COMMISSION TO
COOPERATE WITH OTHER STATE AGENCIES AND AGENCIES OF THE FEDERAL
GOVERNMENT IN THE ADMINISTRATION OF THE PROVISIONS OF THIS ACT AND TO
NEGOTIATE CERTAIN AGREEMENTS, ACCORDS, OR COMPACTS, TO AUTHORIZE THE
IMPOSITION BY THE COMMISSION OF CERTAIN CIVIL PENALTIES FOR THE
VIOLATION OF THIS ACT, AND TO PROHIBIT CERTAIN FLOWING WELLS AND TO
PROVIDE EXCEPTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Groundwater Use Act revised
SECTION 1. Chapter 5 of Title 49 of the 1976 Code is amended to
read:
"CHAPTER 5
Groundwater Use Act
Section 49-5-10. This chapter is known and may be cited as
the Groundwater Use Act.
Section 49-5-20. The General Assembly declares that the
general welfare and public interest require that the water resources
of the State be put to beneficial use to the fullest extent to which
they are capable, subject to reasonable regulation in order to
conserve and protect these resources, prevent waste, and to provide
and maintain conditions which are conducive to the development and use
of water resources.
Section 49-5-30. Unless the context otherwise requires, the
following terms as used in this chapter are defined as follows:
(1) 'Area of the State' means any municipality or county or
portion of a county or municipality or other substantial geographical
area of the State as may be designated by the Commission.
(2) 'Commission' means the South Carolina Water Resources
Commission.
(3) 'Person' means individuals, firms, partnerships,
associations, public or private institutions, municipalities or
political subdivisions, governmental agencies, or private or public
corporations organized under the laws of this State or any other state
or county.
(4) 'Groundwater' means water of underground streams, channels,
artesian basins, reservoirs, lakes, and other water under the surface
of the earth whether percolating or otherwise, natural or artificial,
which is contained within, flows through, or borders upon this State
or any portion of this State, including those portions of the Atlantic
Ocean over which this State has jurisdiction.
(5) 'Aquifer' means a geologic formation, group of these
formations, or a part of such a formation that is water bearing.
(6) 'Domestic use' means a well appurtenant to a single family
dwelling intended for household purposes, gardens, or livestock,
except that this use is restricted to gardens and livestock for the
personal use or consumption of the landowner or lessee operating the
well but does not include gardens and livestock maintained for
commercial purposes.
(7) 'Well' means any excavation that is cored, bored, drilled,
jetted, dug, or otherwise constructed for the purpose of locating,
testing, or withdrawing groundwater or for evaluating, testing,
developing, draining, or recharging any groundwater reservoirs or
aquifer, or that may control, divert, or otherwise cause the movement
of water from or into any aquifer. This does not include surface water
impoundments that normally receive inflow from or discharge into a
surface watercourse.
(8) 'Flowing well' means a well releasing groundwater under such
pressure that pumping is not necessary to bring it above the ground
surface.
Section 49-5-40. (A) The commission, upon receipt of a
request of a county, municipality, or other political subdivision of
this State, may declare and delineate, and may modify, capacity use
areas of the State where it finds that the use of groundwater requires
coordination and regulation for protection of the interests and rights
of residents or property owners of these areas or of the public
interest.
(B) Within the meaning of this chapter `a capacity use area' is
one where the commission finds that the aggregate uses of groundwater
in or affecting the area have developed or threatened to develop to a
degree which requires coordination and regulation, or exceed or
threaten to exceed or otherwise threaten or impair, the renewal or
replenishment of the waters or any part of them. In making its
findings, the commission shall consider, but is not limited to,
determining whether there may be reason to believe that:
(1) groundwater levels (elevations relative to mean sea
level of water table or artesian water head) in the area in question
are declining or have declined excessively;
(2) the wells of two or more groundwater users within the
area in question interfere substantially with one another;
(3) the available groundwater supply in the area in
question is being or is about to be overdrawn;
(4) the flow of any surface watercourse is being affected
by groundwater use; or
(5) groundwater level declines have resulted in or may
result in compaction of aquifers with subsequent reduction in aquifer
productivity or subsidence of land surface;
(6) groundwater level declines or fluctuations have
resulted in or may result in the formation of sinkholes and dolines;
(7) groundwater withdrawals have resulted in or may result
in the capture and diversion of natural or man-made contaminants; or
(8) other reasons exist, as determined by the commission,
that substantially may threaten, limit, or impair the ability to use
groundwater for the benefit of the general welfare and public
interest.
(C) The commission may declare and delineate capacity use areas
in accordance with the following procedures:
(1) Whenever the commission, after reviewing a request
from a county, municipality, or subdivision of this State, believes
that a capacity use situation exists or may be emerging in any area of
the State, it may direct its executive director to conduct an
investigation and report to the commission on this situation.
(2) In conducting the investigation the executive director
shall consult with all interested persons, groups, and agencies, may
retain consultants, and shall consider all factors relevant to the
conservation and use of water in the area. The report must include the
executive director's findings and recommendations as to the water use
problems of the area involving groundwater, whether effective measures
can be employed limited to groundwater, and whether timely action by
any agency or person may preclude the need for additional regulation
at that time. The report must also include those other findings and
recommendations as may be considered appropriate, including
recommended boundaries for any capacity use area that may be proposed.
(3) If the commission finds, following its review of the
report (or following its evaluation of measures taken falling short of
regulation) that a capacity use area should be declared, it may adopt
an order declaring the capacity use area. Before adopting the order,
the commission shall give notice of its proposed action and conduct
one or more public hearings with respect to the proposed action.
(4) The notice must be given not less than thirty days
before the date of the hearing and state the date, time, and place of
hearing, the subject of the hearing, and the action which the
commission proposes to take. The notice must either include details of
the proposed action, or where the proposed action is too lengthy for
publication, the notice must specify that a copy of the proposed
action may be obtained on request from the commission.
(5) The notice must be published at least once in one
newspaper of general circulation circulated in each county of the
State in which the water area affected is located.
(6) Any person who desires to be heard at the public
hearing shall give notice of this desire in writing to the commission
on or before the first date set for the hearing. The commission is
authorized to set reasonable time limits for the oral presentation of
views by any one person at the public hearing. The commission shall
permit anyone who so desires to file a written argument or other
statement with the commission in relation to any proposed action of
the commission any time within thirty days following the conclusion of
any public hearing or within that additional time as the commission
may allow by notice given as prescribed in this section.
(7) Upon completion of public hearings and consideration
of relevant comments with respect to any proposed action by the
commission pursuant to this section, the commission shall adopt its
final action with respect to this matter and publish a notice of its
action in the State Register. The commission is empowered to modify or
revoke any final action previously taken by it pursuant to the
provisions of this section, the modification, or revocation, however,
is subject to the procedural requirements of this chapter, including
notice and hearing. If the commission finds and orders that a capacity
use area must be declared, its order must include a delineation of the
boundary of the area, and the commission shall instruct its executive
director to prepare proposed regulations consistent with the
provisions of this chapter and commensurate with the degree of control
needed from among the classes of permissible regulations set forth in
Section 49-5-50.
Section 49-5-50. (A) Following the declaration of a
capacity use area by the commission, it shall prepare proposed
regulations to be applied in the area, containing such of the
following provisions as the commission finds appropriate concerning
the use of groundwaters:
(1) Provisions requiring water users within the area to
submit reports not more frequently than at thirty-day intervals
concerning quantity and quality of water used or withdrawn, sources of
water, water levels, and the nature and distribution of the use of the
water. The commission shall not require reports of public supply well
water quality where the reports duplicate the requirements of the
Department of Health and Environmental Control, are derived from
samples collected at times and by methods suitable for the purposes of
the commission, and are provided to the commission by the Department
of Health and Environmental Control within forty-five days of the date
of sample receipt.
(2) With respect to groundwaters provisions concerning the
timing of withdrawals; provisions to protect against or abate
saltwater encroachment; provisions to protect against or abate
unreasonable adverse effects on other water users within the area,
including, but not limited to, adverse effects on public use; and
provisions to minimize waste by requiring users to employ water
conservation measures.
(3) With respect to groundwaters provisions concerning
well depth and spacing controls; and provisions establishing a range
of prescribed pumping levels (elevations below which water may not be
pumped) or maximum pumping rates, or both, in wells or for the aquifer
or for any part of the wells or aquifer based on the capacities and
characteristics of the aquifer.
(4) With respect to groundwaters provisions concerning
withdrawals to protect against or abate sinkholes and land subsidence
resulting from or relating to these withdrawals.
(5) With respect to wells provisions concerning minimum
well design standards; provisions requiring approval by the commission
of well design plans before construction and the issuance of any
permit under this chapter; provisions regarding technical upgrading
requirements on, for, or to permitted wells consistent with the level
of regulation necessary in the capacity use area; and provisions
concerning the abandonment of wells.
(6) Those other provisions not inconsistent with this
chapter as the commission finds necessary to implement the purposes of
this chapter.
(B) In adopting any regulations and in considering permit
applications, revocations, or modifications the commission shall
consider:
(1) the number of persons using an aquifer and the object,
extent, and necessity of their respective withdrawals or uses;
(2) the nature and size of the aquifer;
(3) the physical and chemical nature of any impairment of
the aquifer, adversely affecting its availability or fitness for other
water uses including public use;
(4) the probable severity and duration of the impairment
under foreseeable conditions;
(5) the injury to public health, safety, or welfare which
results if the impairment is not prevented or abated;
(6) the kinds of businesses or activities to which the
various uses are related;
(7) the importance and necessity of the uses claimed by
permit applicants under this section, or of the water uses of the
area, and the extent of any injury or detriment caused or expected to
be caused to other water uses including public use;
(8) the efficacy of conservation measures with respect to
the extent of reuse, reduction of losses to the ground, surface, and
atmosphere, and prevention of unreasonable or wasteful use;
(9) diversion from or reduction of flows in other
watercourses or aquifers; and
(10) any other relevant factors.
(C) The commission may modify or revoke any final action
previously taken by it pursuant to the provisions of this section.
Section 49-5-60. (A) In areas declared by the commission to be
capacity use areas no person shall (after the expiration of that
period, not in excess of twelve months, as the commission may
designate) withdraw, obtain, or utilize groundwaters in excess of the
following amounts for any purpose, nor construct a water well with the
intent of pumping these amounts, unless the person first obtains a
permit for this purpose from the commission:
(1) one hundred thousand gallons each day on any day;
(2) one million gallons each month in any month; or
(3) ten million gallons in any twelve consecutive months.
Applications for the permits must set forth those facts the
commission considers necessary to enable it to establish and maintain
adequate records of water uses within the capacity use area. No
permit is required under this chapter for groundwater use which is for
domestic use only.
(B) Upon receipt of an application for a groundwater use permit,
which application must be submitted on forms supplied by the
commission, the commission shall require the applicant to publish a
notice, in that form as may be prescribed by the commission, in a
newspaper of general circulation in the county where the groundwater
use is proposed. Each applicant shall provide the commission an
affidavit of publication, along with a copy of the notice published.
The notice must inform interested persons of the submission of the
application, the location of the well or proposed well, the maximum
amount of groundwater to be used, the general nature of the use
proposed for the groundwater, and other information considered
relevant by the commission. Any interested person may submit written
comments to the commission on any permit application within thirty
days following publication of the notice required in this section.
The commission may, in its discretion, conduct a public information
hearing on any application for a groundwater use permit. The
commission shall also provide a copy of this notice through regular
mail to each permitted groundwater user within a one mile radius of
the proposed groundwater withdrawal point.
(C) The commission shall notify each person making application
for a permit of the commission's proposed action concerning the permit
application, and transmit with the notice a copy of any permit it has
proposed to issue, which permit becomes final unless a request for a
hearing is made within fifteen days from the date of service of the
notice. The commission has the power:
(1) to grant the permit with conditions the commission
considers necessary to implement the regulations adopted pursuant to
Section 49-5-50;
(2) to grant any temporary permit for the time the
commission specifies where conditions make the temporary permit
essential, even though the action allowed by the permit may not be
consistent with the commission's regulations applicable to the
capacity use area;
(3) to modify, suspend, or revoke any permit upon not less
than thirty days' written notice to any person affected; and
(4) to deny the permit if the application for it or the
effect of the water use proposed or described in the permit upon the
water resources of the area is found to be contrary to public
interest.
(D) Any person aggrieved in a manner or to a degree
significantly different from the general public by the proposed action
of the commission on any permit application as specified in subsection
(C) may request a hearing on the proposed action. The hearing request
must be submitted to the commission within fifteen days from the date
of service of the notice on the person aggrieved. No person is
considered an aggrieved party under this section unless the person
submitted timely written comments on the application as authorized in
subsection (B), except that any person submitting written comments
under subsection (B) shall bear the responsibility of requesting the
commission to inform the person of the proposed action required under
subsection (C).
(E) In any proceeding pursuant to this section or Section
49-5-70, in which an administrative hearing is required, the
commission shall give notice with respect to all steps of the
proceeding only to each person directly affected by the proceeding who
is made a party to the proceeding.
(F) The following provisions are applicable in connection with
hearings pursuant to this section:
(1) All notices which are required to be given by the
commission or by any party to a proceeding must be given by registered
or certified mail to all persons entitled to notice, including the
commission. The date of receipt or refusal for the registered or
certified mail is the date when the notice is considered to have been
given. Notice by the commission may be given to any person upon whom a
summons may be served in accordance with the provisions of law
covering civil actions in the circuit courts of this State. The
commission may prescribe the form and content of any particular
notice.
(2) All hearings under this section must be before the
commission or before one or more of its members, one or more of its
qualified employees, or a hearing officer retained by the commission.
All hearings must be open to the public. Any member or employee of the
commission or special hearing officer to whom a delegation of power is
made to conduct a hearing shall report the hearing with its evidence
and record, along with proposed findings of fact and conclusions of
law, to the commission for decision.
(3) A full and complete record of all proceedings at any
hearing under this chapter must be taken by a reporter appointed by
the commission or by other method approved by the Attorney General.
Any party to a proceeding is entitled to a copy of the record upon the
payment of the reasonable cost for it as determined by the commission.
(4) The burden of proof at any hearing under this chapter
is upon the person or the commission, as the case may be, at whose
instance the hearing is being held.
(5) The commission has the authority to adopt a seal which
must be judicially noticed by the courts of the State. Any document,
proceeding, order, degree, special order, regulation, rule of
procedure, or any other official act or records of the commission or
its minutes may be certified by the executive director of the
commission under his hand and the seal of the commission and when so
certified must be received in evidence in all actions or proceedings
in the courts of the State without further proof of the identity of
the records if the records are competent, relevant, and material in
the action or proceeding. The commission shall have the right to take
judicial notice of all studies, reports, statistical data, or any
other official reports or records of the federal government or of any
sister state and all these records, reports, and data may be placed in
evidence by the commission or by any other person or interested party
where material, relevant, and competent.
Section 49-5-70. (A) A permit under Section 49-5-60 must be
issued for a period specified as follows:
(1) ten years; or
(2) a period found by the commission to be reasonable
based upon review of relevant factors and circumstances pertaining to
the proposed groundwater use.
Permits may be renewed following their expiration upon compliance
with the provisions of Section 49-5-60.
(B) Permits may not be transferred except with the approval of
the commission.
(C) Every person in a capacity use area who is required by this
chapter to secure a permit shall file with the commission in the
manner prescribed by the commission a certified statement of
quantities of water used and withdrawn, sources of water, and the
nature of the use of the water not more frequently than thirty-day
intervals. These statements must be filed on forms furnished by the
commission within ninety days after the adoption of an order by the
commission declaring a capacity use area.
(D) If any person who is required to secure a permit under this
chapter is unable to furnish accurate information concerning amounts
of water being withdrawn or used, or if there is evidence that his
certified statement is false or inaccurate or that he is withdrawing
or using a larger quantity of water or under different conditions than
has been authorized by the commission, the commission has the
authority to require the person to install water meters, or some other
more economical means for measuring water use acceptable to the
commission. In determining the amount of water being withdrawn or used
by a permit holder or applicant the commission may use the rated
capacity of his pumps, the rated capacity of his cooling system, data
furnished by the applicant, or the standards or methods employed by
the United States Geological Survey in determining these quantities or
by any other accepted method.
(E) The commission may require an applicant or permittee to
construct, test, maintain, and monitor observation wells if reasonably
necessary to evaluate the impact of a proposed or permitted well,
mine, or pond on aquifers, water courses, existing or potential water
users, land subsidence, or groundwater quality.
(F) In any case where a permit applicant can prove to the
commission's satisfaction that the applicant was withdrawing or using
water before the date of declaration of a capacity use area, the
commission shall take into consideration the extent to which the prior
use or withdrawal was reasonably necessary in the judgment of the
commission to meet his needs and grant a permit which meets those
reasonable needs. The granting of the permit must not encourage waste
and must not have unreasonably adverse effects upon other water uses
in the area, including public use, and including potential as well as
present use.
(G) The commission shall also take into consideration in the
granting of any permit the prior investments of any person in lands
and plans for the usage of water in connection with these lands which
plans have been submitted to the commission within a reasonable time
after the declaration of a capacity use area. The granting of the
permit must not have unreasonably adverse effects upon other water
uses in the area, including public use, and including potential as
well as present use.
(H) Pending the issuance or denial of a permit pursuant to
subsection (F) or (G) of this section, the applicant may continue the
same withdrawal or use which existed before the date of declaration of
the capacity use area.
Section 49-5-80. The commission may conduct those investigations
as may reasonably be necessary to carry out its duties prescribed in
this chapter, and for this purpose to enter at reasonable times upon
any property, public or private, for the purpose of investigating the
condition, withdrawal, or use of any waters, investigating water
sources, or investigating the installation or operation of any well
and to require written statements or the filing of reports under oath
with respect to pertinent questions relating to the installation or
operation of any well. No person may be required to disclose any
secret formula, processes, or methods used in any manufacturing
operation or any confidential information concerning business
activities carried on by him or under his supervision. No person may
refuse entry or access to any authorized representative of the
commission who requests entry for the purposes of a lawful inspection
and who presents appropriate credentials, nor may any person obstruct,
hamper, or interfere with this representative while in the process of
carrying out his official duties consistent with the provisions of
this chapter.
Section 49-5-90. (A) The commission may adopt and modify
regulations to implement the provisions of this chapter.
(B) The commission is authorized to cooperate with other state
agencies and agencies of the federal government to the extent
practical in the implementation of this chapter. The commission may
enter into or execute memoranda of understanding, agreements, or like
instruments for purposes of coordinating administration of the
programs of this chapter with any related or similar programs
administered by a federal agency or another agency of the State.
Section 49-5-100. (A) Any person violating any provision of this
chapter is guilty of a misdemeanor and, upon conviction, must be fined
not less than one hundred dollars nor more than one thousand dollars
for each violation. In addition, if any person is adjudged to have
committed the violation wilfully, the court may determine that each
day during which the violation continued constitutes a separate
offense.
(B) Upon violation of any of the provisions of this chapter, or
the regulations of the commission, the executive director, either
before or after the institution of criminal proceedings, may also
institute a civil action in the circuit court in the name of the State
for injunctive relief. Neither the institution of the actions nor any
of the proceedings on the actions relieve any party to the proceedings
from the penalty prescribed by this chapter for any violation of these
provisions or regulations.
(C) In addition to the criminal penalties authorized in
subsection (A) and the injunctive relief authorized in subsection (B),
any person whom the commission determines to be in violation of any
provision of this chapter or any regulation, permit or permit
condition, final determination or order of the commission may be
assessed a civil penalty by the commission of not less than fifty
dollars nor more than one thousand dollars for each day of violation.
The commission may also issue an order requiring the person to comply
with the provisions of this chapter, regulation, permit or permit
condition, final determination or order, including an order requiring
modification or abandonment of any well when considered necessary to
protect groundwater.
All civil penalties collected pursuant to this subsection must be
deposited in the general fund of the State.
Section 49-5-110. Flowing wells that flow at a rate of
greater than five thousand gallons a day at any time are an
unreasonable use of groundwater constituting waste and are prohibited,
except that these wells may be utilized as artesian wells to the
extent actually necessary for a specific use. These wells must be
fitted with a mechanism to restrict the flow of water if the flow is
in excess of that necessary for the specific use. The commission may
promulgate regulations to govern use of these wells in this State.
Section 49-5-120. Nothing contained in this chapter changes or
modifies existing common or statutory law with respect to the rights
of the use of surface water in this State.
Section 49-5-130. The commission may negotiate agreements,
accords, or compacts on behalf of and in the name of the State with
other states or the United States, or both, with an agency,
department, or commission of either, or both, relating to withdrawal
or diversion of groundwater that impacts the groundwater of this
State, or are connected to those waters. Any interstate compacts made
by the commission by authority of this chapter are subject to approval
by joint resolution of the General Assembly. The commission may
represent this State in connection with groundwater withdrawals,
diversions, or transfers occurring in other states which may affect
this State."
Application of provisions
SECTION 2. (A) The amendments to Section 49-5-100 of the 1976
Code, as contained in Section 1 of this act, do not have the effect of
releasing or extinguishing a penalty, forfeiture, or liability
incurred under Section 49-5-100 (formerly Section 49-5-110) before the
effective date of this act, and the penalty, forfeiture, or liability
must be treated as remaining in force for the purpose of sustaining a
proper action or prosecution for the enforcement of the penalty,
forfeiture, or liability.
(B) The amendments to Section 49-5-100 (formerly Section
49-5-110) of the 1976 Code, as contained in Section 1 of this act, in
addition to prospective application may be applied retroactively to a
person violating a provision of Chapter 5, Title 49 of the 1976 Code
before the effective date of this act.
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 12th day of June, 1990.
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