South Carolina General Assembly
117th Session, 2007-2008

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Indicates Matter Stricken
Indicates New Matter

S. 375

STATUS INFORMATION

General Bill
Sponsors: Senators Peeler, Matthews, McGill, Hayes and Alexander
Document Path: l:\s-res\hsp\005govf.kmm.doc

Introduced in the Senate on January 31, 2007
Currently residing in the Senate Committee on Medical Affairs

Summary: DHEC

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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   1/31/2007  Senate  Introduced and read first time SJ-15
   1/31/2007  Senate  Referred to Committee on Medical Affairs SJ-15

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/31/2007

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND CHAPTER 1, TITLE 48 OF THE 1976 CODE, RELATING TO THE POLLUTION CONTROL ACT, BY ADDING SECTION 48-1-55, TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY SEEK RECOVERY OF A PENALTY OR DAMAGES FROM A STATE AGENCY THAT VIOLATES STATE OR FEDERAL ENVIRONMENTAL LAWS OR REGULATIONS, TO PROVIDE THAT THE DEPARTMENT AND THE STATE AGENCY ALLEGED TO HAVE VIOLATED A STATE OR FEDERAL LAW OR REGULATION MUST REACH A SETTLEMENT OR COMPROMISE WITHIN ONE HUNDRED EIGHTY DAYS OF THE ISSUANCE OF A CITATION FOR THE VIOLATION, TO PROVIDE THAT FROM THE DATE THE CITATION IS ISSUED, DURING SETTLEMENT OR COMPROMISE NEGOTIATIONS, AND DURING THE PENDENCY OF A HEARING TO RESOLVE THE MATTER, THE DEPARTMENT MAY NOT CONTACT THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY REGARDING ENFORCEMENT OF THE ALLEGEDLY VIOLATED LAW OR REGULATION, TO PROVIDE THAT THE AGENCY MUST REQUEST A HEARING BY THE ADMINISTRATIVE LAW COURT IF THE DEPARTMENT AND THE AGENCY CANNOT REACH A SETTLEMENT OR COMPROMISE, TO PROVIDE THAT THE ADMINISTRATIVE LAW COURT HAS EXCLUSIVE JURISDICTION OVER THE MATTER AND THAT ITS DECISION IS NOT APPEALABLE, TO PROVIDE FOR REMEDIES IF THE AGENCY FAILS TO TIMELY FILE A REQUEST FOR HEARING OR REJECTS AN OFFER TO SETTLE OR COMPROMISE THAT IS AT LEAST AS FAVORABLE AS THE REJECTED OFFER, AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MUST ANNUALLY SUBMIT A REPORT TO THE GENERAL ASSEMBLY CONCERNING PENALTIES OR DAMAGES PAID TO THE DEPARTMENT BY STATE AGENCIES.

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

SECTION    1.    Chapter 1, Title 48 of the 1976 Code is amended by adding:

"Section 48-1-55.    (A)(1)    The department may seek recovery of a penalty or damages from a state agency that violates state or federal environmental laws or regulations. The department and an agency must reach a settlement or compromise of the action or cause of action arising out of the alleged violation within one hundred eighty days of the date the agency is cited for the violation. The parties may agree to extend the time for settlement or compromise by mutual agreement. The settlement or compromise negotiations are deemed to be a contested case as defined by Section 1-23-310.

(2)    Beginning with the date of the citation, during negotiations to settle or compromise the alleged violation, and during the pendency of any hearing of the matter pursuant to subsection (B) of this section, the department may not contact the federal Environmental Protection Agency regarding enforcement of the allegedly violated statutes or regulations.

(B)(1)    A state agency, unable to settle or compromise a contested case arising under this section within the time limit prescribed in subsection (A)(1) of this section, shall be deemed to have exhausted all available administrative remedies and must timely request a hearing by the Administrative Law Court.

(2)    The Administrative Law Court shall have exclusive jurisdiction over contested cases arising under this section. The Administrative Law Court will determine whether the alleged violation occurred and, if it did occur, the court must levy an appropriate penalty or damages. A decision of the Administrative Law Court is final and may not be appealed.

(3)    If the state agency fails to timely request a hearing, the court shall enter a default judgment against the state agency in an amount equal to the original penalty or damages sought by the department.

(4)    If the state agency rejects an offer to settle or compromise the alleged violation, and the court awards a penalty or damages at least as favorable as the rejected offer, the department may recover from the state agency eight percent interest, compounded on the amount of the penalty or damages awarded, from the date of the offer.

(C)    The department shall annually submit a report to the General Assembly concerning penalties or damages paid by state agencies to the department for violations of state or federal environmental laws or regulations."

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

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