S*995 Session 104 (1981-1982)
S*0995(Rat #0511, Act #0410 of 1982) General Bill, By J.M. Waddell
A Bill to amend Act 123 of 1977, relating to the South Carolina Coastal
Council, so as to provide that permits shall not be necessary for the
construction of walkways over sand dunes in accordance with Council
regulations; to delete the requirement that draglines or similar equipment
must be registered by the Council and must display an identification number;
to provide that a violation of the Act involving five yards square or less of
the critical area may be treated as a minor violation subject to an exception
involving the construction or repair of water control structures; to establish
penalties for such minor violations; to empower conservation officers of the
South Carolina Wildlife and Marine Resources Department to serve warrants and
enforce the Act; and to provide civil penalties, injunctive relief, and to
provide for the deposit of penalties collected in the General Fund of the
State.-at
04/27/82 Senate Introduced, read first time, placed on calendar
without reference SJ-4
04/28/82 Senate Read second time SJ-37
04/29/82 Senate Read third time and sent to House SJ-20
05/04/82 House Introduced and read first time HJ-2762
05/04/82 House Referred to Committee on Agriculture and Natural
Resources HJ-2762
05/13/82 House Committee report: Favorable with amendment
Agriculture and Natural Resources HJ-2935
05/18/82 House Debate adjourned until Thursday, May 20, 1982 HJ-3008
05/20/82 House Debate adjourned HJ-3090
05/27/82 House Amended HJ-3618
05/27/82 House Read second time HJ-3620
05/28/82 House Read third time HJ-3652
05/28/82 House Returned HJ-3652
06/01/82 Senate House amendment amended SJ-5
06/01/82 Senate Returned SJ-5
06/02/82 House Concurred in Senate amendment and enrolled HJ-3777
06/03/82 Senate Ratified R 511 SJ-53
06/08/82 Signed By Governor
06/08/82 Effective date 06/08/82
06/08/82 Act No. 410
06/18/82 Copies available
(A410, R511, S995)
AN ACT TO AMEND ACT 123 OF 1977, RELATING TO THE SOUTH CAROLINA COASTAL
COUNCIL, SO AS TO PROVIDE THAT PERMITS SHALL NOT BE NECESSARY FOR THE
CONSTRUCTION OF WALKWAYS OVER SAND DUNES IN ACCORDANCE WITH THE COUNCIL
REGULATIONS; TO DELETE THE REQUIREMENT THAT DRAGLINES OR SIMILAR EQUIPMENT
MUST BE REGISTERED BY THE COUNCIL AND MUST DISPLAY AN IDENTIFICATION NUMBER;
TO PROVIDE THAT A VIOLATION OF THE ACT INVOLVING FIVE YARDS SQUARE OR LESS OF
THE CRITICAL AREA MAY BE TREATED AS A MINOR VIOLATION SUBJECT TO AN EXCEPTION
INVOLVING THE CONSTRUCTION OR REPAIR OF WATER CONTROL STRUCTURES; TO
ESTABLISH PENALTIES FOR SUCH MINOR VIOLATIONS; TO EMPOWER CONSERVATION
OFFICERS OF THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES DEPARTMENT TO
SERVE WARRANTS AND ENFORCE THE ACT; AND TO PROVIDE CIVIL PENALTIES, INJUNCTIVE
RELIEF, AND TO PROVIDE FOR THE DEPOSIT OF PENALTIES COLLECTED IN THE GENERAL
FUND OF THE STATE.
Be it enacted by the General Assembly of the State of South Carolina:
Construction of walkways
Section 1. Item (5) of subsection (D) of Section 13 of Act 123 of 1977 is amended by striking the last line and
inserting: "with regulations promulgated by the Council." When amended the item shall read:
"(5) Construction of walkways over sand dunes in accordance with regulations promulgated by the
Council."
Section deleted
Section 2. Section 15 of Act 123 of 1977 is amended by deleting subsection (G) in its entirety.
Penalties
Section 3. Section 17 of Act 123 of 1977 is amended by adding at the beginning "(A)" and by
adding at the end:
"(B) Any violation of any provision of this act involving five yards square (225 square feet) or less of
critical area may be treated as a minor violation, the penalty for which shall be a fine of not less than fifty dollars
nor more than two hundred dollars. The conservation officers of the South Carolina Wildlife and Marine
Resources Department may serve warrants under this provision and otherwise enforce this act. The magistrates
of this State have jurisdiction over minor violations of this act. Each day of noncompliance with any order issued
relative to a minor violation or noncompliance with any permit, regulation, standard, or requirement relative to
a minor violation shall constitute a separate offense; provided, however, that violations which involve the
construction or repair of water control structures shall not be considered minor violations regardless of the area
involved.
(C) Any person who is determined to be in violation of any provision of this act by the Coastal Council shall
be liable for, and may be assessed by the Council for, a civil penalty of not less than one hundred dollars nor more
than one thousand dollars per day of violation. Whenever the Council determines that any person is in violation
of any permit, regulation, standard, or requirement under this act, the Council may issue an order requiring such
person to comply with such permit, regulation, standard, or requirement, including an order requiring restoration
when deemed environmentally appropriate by the Council; in addition, the Council may bring a civil enforcement
action under this section as well as seeking an appropriate injunctive relief under Section 16 of this act.
(D) All penalties assessed and collected pursuant to this section shall be deposited in the general fund of the
State."
Time effective
Section 4. This act shall take effect upon the approval by the Governor. |