A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 25 TO CHAPTER 55, TITLE 44 SO AS TO REQUIRE OWNERS AND OPERATORS OF CERTAIN FRESHWATER LOCATIONS TO POST A NOTICE TO RAISE AWARENESS OF THE AMOEBA NAEGLERIA FOWLERI AND HOW TO MINIMIZE THE RISK OF INFECTION, TO REQUIRE THE DEPARTMENT OF ENVIRONMENTAL SERVICES TO PROVIDE A STANDARD NOTICE FOR POSTING AND INSPECT LOCATIONS TO ENSURE COMPLIANCE, AND TO CREATE CIVIL PENALTIES.

 

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

 

SECTION 1.  Chapter 55, Title 44 of the S.C. Code is amended by adding:

 

Article 25

 

Naegleria Fowleri

 

    Section 44-55-2510.   (A) An owner or operator of a freshwater location where swimming is allowed shall post and maintain in close proximity to the swimming location a notice about the amoeba Naegleria fowleri and how to minimize the risk of infection by the amoeba when participating in water-related activities.

    (B) The Department of Environmental Services shall provide at no cost to owners and operators a standard notice for posting that explains:

       (1) Naegleria fowleri is an amoeba that is naturally occurring in warm freshwater bodies such as lakes, rivers, and hot springs, as well as in soil;

       (2) risk of infection by the amoeba is extremely rare;

       (3)infection occurs only if the amoeba enters the brain through the nose but, in the rare case of a brain infection, there is an extremely high risk of death; and

       (4) a person can decrease the risk of infection by avoiding water-related activities in warm freshwater during periods of high water temperature and low water level, by holding their nose shut, using a nose clip, or holding their head above water when taking part in water-related activities, and by avoiding digging or stirring up sediment surrounding warm freshwater.

 

    Section 44-55-2520.   (A) The Department of Environmental Services shall inspect at least annually before summer every freshwater location where swimming is allowed in the State to ensure that a notice that complies with the requirements of Section 44-55-2510(B) has been posted. If a notice has not been posted, the department shall notify the owner or operator of the violation and the requirement to post a notice. The department shall reinspect those locations as necessary to ensure compliance.

    (B) An owner or operator of a freshwater location where swimming is allowed that violates Section 44-55-2510(A) is subject to a civil penalty of one hundred dollars per violation. Upon receipt of notice from the department of the violation, the owner or operator immediately shall post a notice and pay the penalty. If the owner or operator complies in a timely manner, the department in its discretion may waive the penalty. Each day following receipt of notice constitutes a new violation until the owner or operator posts the notice. Monies collected as civil penalties must be used to offset any costs associated with implementing the requirements of this section.

 

    Section 44-55-2530.   The Department of Environmental Services shall promulgate regulations and develop guidance necessary to enforce the provisions of this article.

 

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

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