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TO AMEND SECTION 44-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATIONS OF CERTAIN DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL RULINGS AND ORDERS, SO AS TO PROVIDE THAT VIOLATIONS OF RULINGS AND ORDERS, AMONG OTHER THINGS, ISSUED PURSUANT TO THE DEPARTMENT'S GENERAL AUTHORITY PROVIDED FOR IN SECTION 44-1-140 ARE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS A DAY FOR EACH VIOLATION AND THAT THE DEPARTMENT SHALL SUBMIT THESE FINES TO THE STATE GENERAL FUND.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-1-150 of the 1976 Code is amended to read:
"Section 44-1-150. (A) Except as provided in Section 44-1-151, any a person who after notice violates, disobeys, or refuses, omits, or neglects to comply with any a regulation of the Department of Health and Environmental Control, made by it the department pursuant to Section 44-1-140, is guilty of a misdemeanor and, upon conviction, shall must be fined not exceeding the sum of more than two hundred dollars or be imprisoned for thirty days.
(B) A person who after notice violates a rule, regulation, permit, permit condition, final determination, or order of the department issued pursuant to Section 44-1-140 is subject to a civil penalty not to exceed one thousand dollars a day for each violation.
(C) Fines collected pursuant to this section must be remitted by the department to the State Treasurer for deposit in the state general fund.
(D) The term 'notice' as used in this section means either actual notice or constructive notice."
SECTION 2. This act takes effect upon approval by the Governor.
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