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					                                  South Carolina General Assembly
                                      115th Session, 2003-2004

S. 120

STATUS INFORMATION

General Bill
Sponsors: Senator Knotts
Document Path: l:\council\bills\nbd\11032ac03.doc

Introduced in the Senate on January 14, 2003
Currently residing in the Senate Committee on Judiciary

Summary: Omnibus Environmental Penalties Act


HISTORY OF LEGISLATIVE ACTIONS

    Date     Body     Action Description with journal page number
12/18/2002   Senate   Prefiled
12/18/2002   Senate   Referred to Committee on Judiciary
 1/14/2003   Senate   Introduced and read first time SJ-66
 1/14/2003   Senate   Referred to Committee on Judiciary SJ-66


VERSIONS OF THIS BILL

12/18/2002
 1
 2
 3
 4
 5
 6
 7
 8
 9                        A BILL
10
11   TO ENACT THE “SOUTH CAROLINA OMNIBUS
12   ENVIRONMENTAL       PENALTIES   ACT”   INCLUDING
13   PROVISIONS TO AMEND SECTION 11-35-4220, CODE OF
14   LAWS OF SOUTH CAROLINA, 1976, RELATING TO
15   DEBARMENT OR SUSPENSION FROM CONSIDERATION
16   FOR     AWARD     OF   CONTRACTS     UNDER      THE
17   PROCUREMENT CODE, SO AS TO PROVIDE THAT A
18   CONVICTION FOR A CRIMINAL VIOLATION OF AN
19   ENVIRONMENTAL LAW IS CAUSE FOR DEBARMENT OR
20   SUSPENSION; TO AMEND SECTION 16-11-700, AS
21   AMENDED, RELATING TO THE OFFENSE OF LITTERING,
22   SO AS TO DISTINGUISH LITTERING FOR COMMERCIAL
23   AND NONCOMMERCIAL PURPOSES AND TO INCREASE
24   PENALTIES FOR CERTAIN VIOLATIONS; TO AMEND
25   CHAPTER 11, TITLE 16 BY ADDING SECTION 16-11-705 SO
26   AS TO PROVIDE THAT VIOLATION OF A FEDERAL
27   ENVIRONMENTAL LAW IS ALSO A VIOLATION OF A LIKE
28   OFFENSE IN THIS STATE AND TO PROVIDE EXCEPTIONS
29   AND PENALTIES; TO AMEND CHAPTER 1, TITLE 44, BY
30   ADDING SECTION 44-1-115 SO AS TO FURTHER PROVIDE
31   FOR THE DUTIES OF THE BOARD OF HEALTH AND
32   ENVIRONMENTAL CONTROL IN CONNECTION WITH
33   HOLDING RESPONSIBLE PERSONS ACCOUNTABLE FOR
34   ENVIRONMENTAL POLLUTION AND TO PROVIDE FOR
35   INVESTIGATIONS OF PERSONS APPLYING FOR OR
36   HOLDING      PERMITS   ISSUED   UNDER     CERTAIN
37   ENVIRONMENTAL PROTECTION LAWS OF THIS STATE;
38   TO AMEND CHAPTER 1, TITLE 44, BY ADDING SECTION
39   44-1-290 SO AS TO REQUIRE THE DEPARTMENT SHALL
40   INVESTIGATE AND MAINTAIN A COMPLETE RECORD OF
41   CIVIL    AND    CRIMINAL   ENVIRONMENTAL       LAW
42   VIOLATIONS AND SHALL PUBLISH AN INDEX OF THESE

     [120]                    1
 1   VIOLATIONS AND TO REQUIRE THE ATTORNEY
 2   GENERAL TO FURNISH CERTAIN INFORMATION TO THE
 3   DEPARTMENT; TO AMEND SECTION 44-55-20, RELATING
 4   TO DEFINITIONS USED IN THE SAFE DRINKING WATER
 5   ACT, BY REVISING THE DEFINITION OF “PERSON” AND
 6   BY ADDING DEFINITIONS FOR “KNOWING” OR
 7   “KNOWINGLY”, “RESPONSIBLE PARTY”, AND “SERIOUS
 8   BODILY INJURY”; TO AMEND SECTIONS 44-55-80 AND
 9   44-55-90, RELATING TO UNLAWFUL ACTS AND
10   PENALTIES UNDER THE SAFE DRINKING WATER ACT, SO
11   AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON
12   TO MAKE FALSE MATERIAL STATEMENTS, TO DESTROY,
13   ALTER, OR CONCEAL CERTAIN RECORDS, TO
14   WITHHOLD CERTAIN INFORMATION RELATING TO
15   DANGER TO THE PUBLIC HEALTH OR SAFETY, TO
16   TRANSPORT, TREAT, STORE, OR DISPOSE OF CERTAIN
17   POLLUTANTS, OR TO PLACE ANOTHER PERSON IN
18   IMMINENT DANGER OR DEATH OR SERIOUS BODILY
19   INJURY BY A VIOLATION OF THE ACT AND TO REVISE
20   THE PENALTIES, CHANGE THE CLASSIFICATION OF
21   CERTAIN VIOLATIONS FROM MISDEMEANOR TO
22   FELONY VIOLATIONS AND TO ESTABLISH THE OFFENSE
23   OF KNOWING ENDANGERMENT; TO AMEND SECTION
24   44-56-20, RELATING TO DEFINITIONS USED IN THE
25   HAZARDOUS WASTE MANAGEMENT ACT, BY ADDING
26   DEFINITIONS OF “KNOWING” AND “KNOWINGLY”,
27   “PERSON”, “RESPONSIBLE PARTY”, AND “SERIOUS
28   BODILY INJURY”; TO AMEND SECTIONS 44-56-130 AND
29   44-56-140 RELATING TO UNLAWFUL ACTS TO AND
30   PENALTIES     UNDER   THE   HAZARDOUS     WASTE
31   MANAGEMENT ACT, SO AS TO PROVIDE THAT IT IS
32   UNLAWFUL FOR A PERSON TO MAKE FALSE MATERIAL
33   STATEMENTS, TO DESTROY, ALTER, OR CONCEAL
34   CERTAIN     RECORDS,   TO   WITHHOLD    CERTAIN
35   INFORMATION RELATING TO DANGER TO THE PUBLIC
36   HEALTH OR SAFETY, TO TRANSPORT, TREAT, STORE, OR
37   DISPOSE OF CERTAIN POLLUTANTS, OR TO PLACE
38   ANOTHER PERSON IN IMMINENT DANGER OR DEATH OR
39   SERIOUS BODILY INJURY BY A VIOLATION OF THE ACT
40   AND TO REVISE METHODS FOR INVOKING CIVIL
41   PENALTIES, TO REVISE PENALTIES FOR MISDEMEANOR
42   VIOLATIONS, TO PROVIDE THAT CERTAIN KNOWING
43   VIOLATIONS OF THE ACT ARE A FELONY, AND TO

     [120]                  2
 1   PROVIDE      PENALTIES      FOR     NEW   OFFENSES
 2   ESTABLISHED; TO AMEND SECTION 44-93-20, RELATING
 3   TO DEFINITIONS USED IN THE INFECTIOUS WASTE
 4   MANAGEMENT ACT, BY AMENDING THE DEFINITION OF
 5   “PERSON” AND BY ADDING DEFINITIONS FOR
 6   “KNOWING” OR “KNOWINGLY”, “RESPONSIBLE PARTY”,
 7   AND “SERIOUS BODILY INJURY”; TO AMEND SECTIONS
 8   44-93-140 AND 44-93-150 RELATING TO UNLAWFUL ACTS
 9   AND TO PENALTIES UNDER THE INFECTIOUS WASTE
10   MANAGEMENT ACT, SO AS TO PROVIDE THAT IT IS
11   UNLAWFUL FOR A PERSON TO MAKE FALSE MATERIAL
12   STATEMENTS, TO DESTROY, ALTER, OR CONCEAL
13   CERTAIN     RECORDS,      TO   WITHHOLD    CERTAIN
14   INFORMATION RELATING TO DANGER TO THE PUBLIC
15   HEALTH OR SAFETY, TO TRANSPORT, TREAT, STORE, OR
16   DISPOSE OF INFECTIOUS WASTE, OR TO PLACE
17   ANOTHER PERSON IN IMMINENT DANGER OR DEATH OR
18   SERIOUS BODILY INJURY BY A VIOLATION OF THE ACT;
19   AND TO PROVIDE FOR CIVIL ENFORCEMENT REMEDIES,
20   REVISE THE CRIMINAL PENALTIES, CHANGE THE
21   CLASSIFICATION OF CERTAIN VIOLATIONS FROM
22   MISDEMEANOR TO FELONY VIOLATIONS, AND TO
23   PROVIDE PENALTIES FOR THE OFFENSE OF KNOWING
24   ENDANGERMENT; TO AMEND SECTION 48-1-10,
25   RELATING TO DEFINITIONS USED IN THE POLLUTION
26   CONTROL ACT, BY AMENDING THE DEFINITION OF
27   “PERSON” AND BY ADDING DEFINITIONS FOR
28   “KNOWING” OR “KNOWINGLY”, “RESPONSIBLE PARTY”,
29   AND “SERIOUS BODILY INJURY”; TO AMEND SECTION
30   48-1-320, AS AMENDED, RELATING TO PENALTIES
31   PERTAINING TO THE POLLUTION CONTROL ACT, SO AS
32   TO REVISE METHODS FOR INVOKING CIVIL PENALTIES,
33   TO     REVISE    PENALTIES      FOR   MISDEMEANOR
34   VIOLATIONS, TO PROVIDE THAT A KNOWING
35   VIOLATION OF THE ACT THAT ENDANGERS ANOTHER IS
36   A FELONY, AND TO PROVIDE PENALTIES FOR THE
37   OFFENSES OF KNOWINGLY WITHHOLDING OR
38   DESTROYING CERTAIN INFORMATION, MAKING FALSE
39   STATEMENTS, OR ALTERING RECORDS AND FOR THE
40   FELONY OFFENSE OF KNOWING ENDANGERMENT; AND
41   TO AMEND SECTION 48-1-340, RELATING TO FALSE
42   STATEMENTS AND REPRESENTATIONS AND TO
43   TAMPERING WITH MONITORING DEVICES AND

     [120]                   3
 1   METHODS, SO AS TO DELETE CERTAIN OBSOLETE
 2   LANGUAGE AND PROVIDE THAT IT IS UNLAWFUL FOR A
 3   PERSON TO MAKE FALSE MATERIAL STATEMENTS, TO
 4   DESTROY, ALTER, OR CONCEAL CERTAIN RECORDS, TO
 5   WITHHOLD CERTAIN INFORMATION RELATING TO
 6   DANGER TO THE PUBLIC HEALTH OR SAFETY, TO
 7   TRANSPORT, TREAT, STORE, OR DISPOSE OF
 8   INFECTIOUS WASTE, OR TO PLACE ANOTHER PERSON IN
 9   IMMINENT DANGER OR DEATH OR SERIOUS BODILY
10   INJURY BY A VIOLATION OF THE POLLUTION CONTROL
11   ACT.
12
13   Be it enacted by the General Assembly of the State of South
14   Carolina:
15
16   SECTION 1. This act may           be   cited   as   the   “Omnibus
17   Environmental Penalties Act”.
18
19   SECTION 2. Section 11-35-4220(2) of the 1976 Code, as last
20   amended by Act 178 of 1993, is further amended to read:
21
22      “(2) Causes for Debarment or Suspension. The causes for
23   debarment or suspension shall include, but are not be limited to,
24   the following:
25        (a) conviction for commission of a criminal offense as an
26   incident to obtaining or attempting to obtain a public or private
27   contract or subcontract, or in the performance of such the contract
28   or subcontract;
29        (b) conviction under state or federal statutes of
30   embezzlement, theft, forgery, bribery, falsification or destruction
31   of records, receiving stolen property, or any other offense
32   indicating a lack of business integrity or professional honesty
33   which currently, seriously, and directly affects responsibility as a
34   state contractor;
35        (c) conviction under state or federal antitrust laws arising
36   out of the submission of bids or proposals;
37        (d) violation of contract provisions, as set forth below, of a
38   character which is regarded by the appropriate chief procurement
39   officer to be so serious as to justify debarment action:
40           ( i) deliberate failure without good cause to perform in
41   accordance with the specifications or within the time limit
42   provided in the contract; or


     [120]                            4
 1           (ii) a recent record of failure to perform or of
 2   unsatisfactory performance in accordance with the terms of one or
 3   more contracts; provided, that. However, the failure to perform or
 4   unsatisfactory performance caused by acts beyond the control of
 5   the contractor shall may not be considered to be a basis for
 6   debarment;
 7        (e) violation of an order of the Procurement Review Panel;
 8   and
 9        (f) conviction for a violation of an environmental protection
10   law of this State or any other state or territory, or of a federal
11   environmental protection law; and
12        (f)(g) any other cause the appropriate chief procurement
13   officer determines to be so serious and compelling as to affect
14   responsibility as a state contractor, including debarment by another
15   governmental entity for any cause listed herein in this section.”
16
17   SECTION 3. Section 16-11-700 of the 1976 Code, as last
18   amended by Act 387 of 2000, is further amended to read:
19
20       “Section 16-11-700. (A) No A person may not dump, throw,
21   drop, deposit, discard, or otherwise dispose of litter or other solid
22   waste, as defined by Section 44-96-40(46), upon any public or
23   private property or waters in the State whether from a vehicle or
24   otherwise including, but not limited to, a public highway, public
25   park, beach, campground, forest land, recreational area, trailer
26   park, highway, road, street, or alley except:
27         (1) when if the property is designated by the State for the
28   disposal of litter and other solid waste and the person is authorized
29   to use the property for that purpose;
30         (2) into a litter receptacle in a manner that the litter is
31   prevented from being carried away or deposited by the elements
32   upon a part of the private or public property or waters.
33       (B) Responsibility for the removal of litter from property or
34   receptacles is upon the person convicted under this section of
35   littering the property or receptacles. However, if there is no
36   conviction, the responsibility is upon the owner of the property or
37   upon the owner of the property where the receptacle is located.
38       (C)(1) A person who violates the provisions of this section in an
39   amount less than fifteen pounds in weight or twenty-seven cubic
40   feet in volume, for a purpose other than a commercial purpose, is
41   guilty of a misdemeanor and, upon conviction, must be fined two
42   hundred dollars or imprisoned for not more than thirty days for a
43   first or second conviction, or fined five hundred dollars or

     [120]                             5
 1   imprisoned for not more than thirty days for a third or subsequent
 2   conviction. In addition to the fine or term of imprisonment, the
 3   court must also impose fifteen hours of litter- gathering labor for a
 4   first conviction, thirty hours of litter-gathering labor for a second
 5   conviction, and 100 hours of litter-gathering labor for a third or
 6   subsequent conviction, or other form of public service as the court
 7   may order because of physical or other incapacities, and which is
 8   under the supervision of the court.
 9         (2) The fine for a deposit of a collection of litter or garbage
10   in an area or facility not intended for public deposit of litter or
11   garbage is one thousand dollars. The provisions of this item apply
12   to a deposit of litter or garbage, as defined in Section 44-67-30(4),
13   in an area or facility not intended for public deposit of litter or
14   garbage, but this does not prohibit a private property owner from
15   depositing litter or garbage as a property enhancement if the
16   depositing does not violate applicable local or state health and
17   safety regulations. In addition to a fine and for each offense under
18   the provisions of this item the court shall also impose a minimum
19   of five hours of litter-gathering labor or other form of public
20   service as the court may order because of physical or other
21   incapacities, and which is under the supervision of the court.
22         (3) The court, in lieu of payment of the monetary fine
23   imposed for a violation of this section, may direct the substitution
24   of additional litter- gathering labor or other form of public service
25   as it may order because of physical or other incapacities, under the
26   supervision of the court, not to exceed one hour for each five
27   dollars of fine imposed.
28         (4) In addition to any other punishment authorized by this
29   section, in the discretion of the court in which conviction is
30   obtained, the person may be directed by the judge to pick up and
31   remove from any public place or any private property, with prior
32   permission of the legal owner upon which it is established by
33   competent evidence that the person has deposited litter, all litter
34   deposited on the place or property by anyone before the date of
35   execution of sentence.
36         (5) Magistrates and municipal courts have jurisdiction to try
37   violations of subsections (A), (B), (C), and (D) of this section.
38      (D) Any a person who violates the provisions of this section in
39   an amount exceeding fifteen pounds in weight or twenty-seven
40   cubic feet in volume, but not exceeding five hundred pounds or
41   one hundred cubic feet, for a purpose other than a commercial
42   purpose, is guilty of a misdemeanor and, upon conviction, must be
43   fined not less than two hundred dollars nor more than five hundred

     [120]                             6
 1   dollars or imprisoned for not more than ninety days. In addition,
 2   the court shall require the violator to pick up litter or perform other
 3   community service commensurate with the offense committed.
 4       (E)(1) Any A person who violates the provisions of this section
 5   in an amount exceeding five hundred pounds in weight or one
 6   hundred cubic feet in volume, or in any quantity for a commercial
 7   purpose, is guilty of a misdemeanor and, upon conviction, must be
 8   fined not less than five hundred dollars nor more than one
 9   thousand dollars, or imprisoned not more than one year five years,
10   or both. In addition, the court may order the violator to:
11            (a) remove or render harmless the litter that he dumped in
12   violation of this subsection;
13            (b) repair or restore property damaged by, or pay damages
14   for damage arising out of, his dumping litter in violation of this
15   subsection; or
16            (c) perform community public service relating to the
17   removal of litter dumped in violation of this subsection or relating
18   to the restoration of an area polluted by litter dumped in violation
19   of this subsection.
20         (2) A court may enjoin a violation of this subsection.
21         (3) A motor vehicle, vessel, aircraft, container, crane, winch,
22   or machine involved in the disposal of more than five hundred
23   pounds in weight or more than one hundred cubic feet in volume
24   of litter in violation of this subsection is declared contraband and is
25   subject to seizure and summary forfeiture to the State.
26         (4) If a person sustains damages arising out of a violation of
27   this subsection that is punishable as a felony, a court, in a civil
28   action for such damages, shall order the person to pay the injured
29   party threefold the actual damages or two hundred dollars,
30   whichever amount is greater. In addition, the court shall order the
31   person to pay the injured party‟s court costs and attorney‟s fees.
32         (5) No part of a fine imposed pursuant to this section may be
33   suspended.
34         (6) For purposes of this subsection „commercial purpose‟
35   means for the purpose of economic gain, and „commercial vehicle‟
36   means a vehicle owned or used by a person or any other legal
37   entity for a commercial purpose. It is permissible to infer that a
38   person who dumps litter from a commercial vehicle dumped the
39   litter for a commercial purpose.
40       (F) For purposes of the offenses established by this section,
41   litter includes cigarettes and cigarette filters.



     [120]                              7
 1      (G) For a second and subsequent conviction for a violation of
 2   this section, the maximum fines, terms of litter pickup or
 3   community service, and terms of imprisonment are doubled.”
 4
 5   SECTION 4. Chapter 11, Title 16 of the 1976 Code is amended
 6   by adding:
 7
 8   “Section 16-11-705. (A) For purposes of this section:
 9        (1) „Environmental law‟ means any provision of a federal
10   environmental law or a state environmental law.
11        (2) „Federal environmental law‟ means any provision of:
12          (a) the Federal Insecticide, Fungicide and Rodentcide Act
13   (FIFRA), 7 United States Code, Sections 136 through 136y;
14          (b) the Energy Supply and Environmental Coordination
15   Act, 15 United States Code, Sections 791 through 798;
16          (c) the Toxic Substances Control Act (TSCA), 15 United
17   States Code, Sections 2601 through-2671;
18          (d) the acts relating to Protection of Navigable Waters and
19   Harbor and River Improvements Generally, 33 United States Code,
20   Sections 401 through 467;
21          (e) the Federal Water Pollution Control Act, also known
22   as the Clean Water Act, 33 United States Code, Sections 1251
23   through 1387;
24          (f) the Marine Protection Research and Sanctuaries Act,
25   also known as the Ocean Dumping Act, 33 United States Code,
26   Sections 1401 through 1445;
27          (g) the Deepwater Port Act, 33 United States Code,
28   Sections 1501 through 1524;
29          (h) the Act to Prevent Pollution from Ships, 33 United
30   States Code, Sections 1901 through 1912;
31          ( i) the Safe Drinking Water Act, 42 United States Code,
32   Sections 300f through 300j-26;
33          ( j) the Atomic Energy Act, 42 United States Code,
34   Sections 2011 through 2296;
35          (k) the Noise Control Act, 42 United States Code,
36   Sections 4901 through 4918;
37          ( l) the Resource Conservation And Recovery Act
38   (RCRA), 42 United States Code, Sections 6901 through 6992;
39          (m) the Clean Air Act (CAA), 42 United States Code,
40   Sections 7401 through 7671;
41          (n) the     Comprehensive       Environmental     Response,
42   Compensation and Liability Act (CERCLA), 42 United States
43   Code, Sections 9601 through 9675;

     [120]                           8
 1           (o) the Emergency Planning And Community Right To
 2   Know Act (EPCRKA), 42 United States Code, Sections 11001
 3   through 11050;
 4           (p) the Outer Continental Shelf Lands Act, 43 United
 5   States Code, Sections 1331 through 1356;
 6           (q) the Hazardous Material Transportation Act (HMTA),
 7   49 United States Code, Sections 1801 through 1819 and 49 App.
 8   Sections 1801 through 1819; or
 9           (r) any other federal statute or regulation, or any other
10   rule, standard, or law established or adopted by federal law, that is
11   intended to protect or manage the environment, control or manage
12   waste or hazardous waste, or prevent air, water, land or
13   environmental pollution.
14         (3) „Knowing‟ or „knowingly‟ means:
15           (a) with respect to his conduct, a person is aware of the
16   nature of his conduct;
17           (b) with respect to an existing circumstance, a person is
18   aware of the circumstance or believes the circumstance exists; or
19           (c) with respect to the result of his conduct, a person is
20   aware or believes that his conduct is substantially certain to cause
21   danger, death, or serious bodily injury to another.
22         (4) „Person‟ means an individual or natural person, a trust,
23   joint stock company, a federal agency, a corporation including a
24   government corporation, a partnership, an association, a state, a
25   county, a municipality, a governing board or commission, a
26   political subdivision of a state, an interstate body, or any other
27   discernable legal entity however named, known, or denominated,
28   and includes the directors, officers, agents, and employees of
29   trusts, joint stock companies, federal agencies, corporations
30   including government corporations, partnerships, associations,
31   states, counties, municipalities, governing boards or commissions,
32   political subdivisions of a state, an interstate body, or of any other
33   discernable legal entity.
34         (5) „Responsible party‟ means a person whose acts, errors,
35   omissions, decisions, or instructions to another causes or
36   contributes to the violation of a state or federal environmental law
37   or who is determined to be legally responsible or liable for any
38   pollution or damage to the environment, threat to public health, or
39   damage to public or private property.
40         (6) „Serious bodily injury‟ means:
41           (a) bodily injury which involves a substantial risk of
42   death;
43           (b) unconsciousness;

     [120]                             9
 1           (c) extreme physical pain;
 2           (d) protracted and obvious disfigurement; or
 3           (e) protracted loss or impairment of the function of a
 4   bodily member, organ, or mental faculty.
 5        (7) „State environmental law‟ means any provision of
 6   Chapter 7 of Title 13, Chapters 2, 55, 56, 93 and 96 of Title 44,
 7   Chapter 20 of Title 47, Chapters 1, 14, 18, 20, 39, 43, and 46 of
 8   Title 48, and Chapter 11 of Title 49 and any other state statute or
 9   regulation, or any other rule, standard, or law established or
10   adopted by state law that is intended to protect or manage the
11   environment, control or manage hazardous waste or any other kind
12   of waste, or to prevent air, water, land or environmental pollution.
13      (B) A person whose acts or omissions in this State violate a
14   federal environmental law in this State or elsewhere, or a
15   responsible party whose acts or omissions in this State causes or
16   contributes to a violation of a federal environmental law in this
17   State or elsewhere, is guilty of a like offense in this State and, upon
18   conviction, is subject to a like punishment as that provided in the
19   federal environmental law even though the acts and omissions in
20   this State giving rise to the violation of the federal environmental
21   law are not made punishable under the law of this State. As used
22   in this subsection, „federal environmental law‟ means federal
23   environmental law defined in subsection (A), as amended, through
24   December 31, 2000, including effective date provisions contained
25   in the federal environmental law which is adopted as the law of
26   this State by this section.
27      (C) Except as provided in this section:
28        (1) A person who negligently violates any provision of an
29   environmental law whose acts or omissions in violation of an
30   environmental law does not cause or contribute to contamination,
31   pollution, or harm to the environment of this State or cause serious
32   bodily injury to any person, is guilty of a misdemeanor and, upon
33   conviction, must be fined, imprisoned, or punished by the greater
34   of:
35           (a) the criminal penalties provided for violations of the
36   environmental law the person violated; or
37           (b) a fine of not less than five hundred dollars or more
38   than twenty-five thousand dollars, or imprisonment for not more
39   than five years, or both.
40        (2) A person who violates any provision of an environmental
41   law whose acts or omissions in violation of an environmental law
42   causes or contributes to contamination, pollution, or harm to the
43   environment of this State or causes or contributes to serious bodily

     [120]                             10
 1   injury to one or more persons or harm to domestic animals,
 2   wildlife, fish, birds, or plants in this State is guilty of a felony and,
 3   upon conviction, must be fined, imprisoned, or punished by the
 4   greater of:
 5           (a) the criminal penalties provided in the environmental
 6   law the person violated; or
 7           (b) a fine of not less than ten thousand dollars or more
 8   than one hundred thousand dollars, or imprisonment for not more
 9   than fifteen years, or both.
10      Simple negligence in connection with the violation of an
11   environmental law is sufficient to justify prosecution and sustain a
12   conviction under this item.
13        (3) A person who knowingly, intentionally, or recklessly
14   violates any provision of an environmental law or whose acts or
15   omissions in violation of an environmental law causes or
16   contributes to contamination, pollution, or harm to the
17   environment of this State or causes or contributes to serious bodily
18   injury or death to one or more persons or harm to domestic
19   animals, wildlife, fish, birds, or plants in this State is guilty of a
20   felony and, upon conviction, must be fined, imprisoned, or
21   punished by the greater of:
22           (a) the criminal penalties provided in the environmental
23   law the person violated; or
24           (b) by a fine of not less than twenty thousand dollars or
25   more than one hundred fifty thousand dollars, or imprisonment for
26   not more than thirty years, or both.
27        (4) A person other than an individual, and a responsible
28   party other than an individual, who is convicted under this section
29   of knowingly violating of any provision of an environmental law
30   must be punished by the greater of:
31           (a) the criminal penalties provided in the environmental
32   law the person or responsible party violated; or
33           (b) a fine of not more than one million dollars for each
34   violation.
35        (5) A criminal penalty imposed under this section is in
36   addition to, and not in lieu of, any civil or administrative penalty or
37   other sanction authorized by law.”
38
39   SECTION 5. Chapter 1, Title 44 of the 1976 Code is amended by
40   adding:
41
42     “Section 44-1-115. (A) The Board of Health and Environmental
43   Control, acting through the Department of Health and

     [120]                              11
 1   Environmental Control, its agents, attorneys, and employees, and
 2   in cooperation with federal, state, and local environmental,
 3   investigative, and law enforcement agencies, must investigate all
 4   causes of environmental pollution in this State and hold
 5   individuals, persons, and responsible parties accountable for
 6   environmental pollution under the law. The board, acting through
 7   the department, must enforce or prescribe preventive measures
 8   needed to suppress and prevent environmental pollution in this
 9   State by programs designed to educate and assist the agricultural
10   and fishing interests, business, commercial, and industrial interests,
11   the general public, and all other interests that have the capacity to
12   adversely impact the environment in the proper use and disposal of
13   any chemical, waste, or any other matter that has the capacity of
14   polluting the environment, by strict enforcement of all state and
15   federal environmental protection laws, and by other measures of
16   prevention, as may be necessary to protect the environment and
17   citizens of this State from pollution and harm from pollution.
18      (B) The department or its designated agents must conduct an
19   investigation of all persons holding or applying for a permit under
20   Chapter 7 of Title 13, Chapter 2, 55, 56, 93, or 96 of Title 44,
21   Chapter 20 of Title 47, Chapter 1, 14, 18, 20, 39, 43, or 46 of Title
22   48, or Chapter 11 of Title 49 or any other state or federal
23   environmental law administered or enforced by the board or the
24   Department of Health and Environmental Control. The department
25   is authorized and must require all applicants for permits to submit,
26   at the time of application, a complete environmental compliance
27   history disclosure on a form prepared by the department. In
28   addition, whenever the department has reasonable cause to believe
29   that an applicant or person holding a permit under Chapter 7 of
30   Title 13, Chapter 2, 55, 56, 93, or 96 of Title 44, Chapter 20 of
31   Title 47, Chapter 1, 14, 18, 20, 39, 43, or 46 of Title 48, Chapter
32   11 of Title 49 or any other state or federal environmental law
33   administered or enforced by the board or the department, or to
34   discharge pollutants, who has less than three years of
35   environmental law compliance history in this State is not in
36   compliance with environmental laws, permits, or permit
37   conditions, then, the department or its designated agents, attorneys,
38   or employees, are authorized to require the applicant or person
39   holding a permit to submit a new or updated environmental
40   compliance history disclosure form prepared by the department.
41      (C) The form prepared by the department must include a
42   statement to the effect that neither the applicant nor, in the case of
43   a corporation or partnership, an officer, department, manager,

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 1   partner, or shareholder of five percent or more of the stock or
 2   financial interest in such corporation or partnership has been
 3   convicted of a felony or been adjudicated in contempt of court as
 4   described in this subsection. The form must also require a listing
 5   of the names, social security numbers, taxpayer identification
 6   numbers, and business addresses of the applicant or, in the case of
 7   a corporation or partnership, its officers, departments, managers,
 8   partners, or shareholders of five percent or more of the stock or
 9   financial interest in such corporation or partnership, along with a
10   description of any offenses identified by this subsection. All
11   information requested on the form must be furnished by the
12   applicant or person reported on as a condition precedent to issuing
13   any permit. All information submitted on the form must be sworn
14   to and submitted by the individual or person reported on under
15   oath. A person submitting any material information that is false,
16   fraudulent, incomplete, or misleading is subject to prosecution and
17   punishment for perjury.
18      (D) The department may refuse to issue permits under Chapter
19   7 of Title 13, Chapter 2, 55, 56, 93, or 96 of Title 44, Chapter 20 of
20   Title 47, Chapter 1, 14, 18, 20, 39, 43, or 46 of Title 48, or Chapter
21   11 of Title 49 or any other state or federal environmental law
22   administered or enforced by the board or the department, or for the
23   discharge of pollutants, to persons with less than three years of
24   compliance history in this State if the department finds by clear
25   and convincing evidence that the applicant for such a permit or, in
26   the case of a corporation or partnership, an officer, department,
27   manager, partner, or shareholder of five percent or more of the
28   stock or financial interest in such corporation or partnership has:
29         (1) intentionally misrepresented or concealed any material
30   fact in the application submitted to the department;
31         (2) obtained or attempted to obtain another permit from the
32   department by misrepresentation or concealment;
33         (3) pled guilty, nolo contendere, or been convicted by final
34   judgment, and all appeals have been exhausted, in this State or any
35   other state or federal court of a felony, a misdemeanor carrying a
36   sentence of one year more regardless of whether that sentence was
37   imposed, or any crime involving moral turpitude within the twenty
38   years preceding the date of the application for such a permit;
39         (4) pled guilty, nolo contendere, or been convicted by final
40   judgment and all appeals have been exhausted to a violation of any
41   federal environmental law or any environmental law of this State
42   or of any other state, regardless of whether the violation presented
43   a substantial endangerment to human health or the environment,

     [120]                             13
 1   within twenty years preceding the date of the application for such a
 2   permit;
 3         (5) been adjudicated in contempt of any court order
 4   enforcing any federal environmental laws or any environmental
 5   laws of this State or of any other state within twenty years
 6   preceding the date of the application for such a permit;
 7         (6) been the holder of any permit required for the discharge
 8   of pollutants under the laws of this State, any other state, or any
 9   federal environmental law, which permit has been revoked for
10   reasons of noncompliance within twenty years preceding the date
11   of the application for a permit; or
12         (7) been denied for reasons of noncompliance the issuance
13   of any permit required for the discharge of pollutants under the
14   laws of this State, any other state, or any federal environmental law
15   within twenty years preceding the date of the application for a
16   permit under Chapter 7 of Title 13, Chapter 2, 55, 56, 93 or 96 of
17   Title 44, Chapter 20 of Title 47, Chapter 1, 14, 18, 20, 39, 43, or
18   46 of Title 48, and Chapter 11 of Title 49 and any other state or
19   federal environmental law administered or enforced by the board
20   or the department.
21      (E) The department may refuse to issue permits under Chapter
22   7 of Title 13, Chapters 2, 55, 56, 93, and 96 of Title 44, Chapter 20
23   of Title 47, Chapters 1, 14, 18, 20, 39, 43, and 46 of Title 48, and
24   Chapter 11 of Title 49 and any other state or federal environmental
25   law administered or enforced by the board or the department, or
26   for the discharge of pollutants, to applicants, including persons
27   with three or more years of compliance history in this State, if the
28   department finds by clear and convincing evidence that the
29   applicant for such a permit or, in the case of a corporation or
30   partnership, an officer, department, manager, partner, or
31   shareholder of five percent or more of the stock or financial
32   interest in such corporation or partnership has:
33         (1) intentionally misrepresented or concealed any material
34   fact in the application submitted to the department;
35         (2) obtained or attempted to obtain another permit from the
36   department by misrepresentation or concealment;
37         (3) pled guilty, nolo contendere, or been convicted by final
38   judgment, and all appeals have been exhausted, in this State of any
39   felony involving moral turpitude within three years preceding the
40   date of the application for such a permit;
41         (4) pled guilty, nolo contendere, or been convicted by final
42   judgment, and all appeals have been exhausted, to a third or
43   subsequent material violation of any environmental law of this

     [120]                            14
 1   State that presented a substantial endangerment to human health or
 2   the environment within three years preceding the date of the
 3   application for such a permit;
 4        (5) been adjudicated in contempt of any court order
 5   enforcing any environmental laws of this State within the three
 6   years preceding the date of the application for such a permit;
 7        (6) been the holder of any permit required for the discharge
 8   of pollutants and the permit has been revoked for reasons of
 9   noncompliance within three years preceding the date of application
10   for a permit under Chapter 7 of Title 13, Chapter 2, 55, 56, 93, or
11   96 of Title 44, Chapter 20 of Title 47, Chapter 1, 14, 18, 20, 39,
12   43, or 46 of Title 48, or Chapter 11 of Title 49 or any other state or
13   federal environmental law administered or enforced by the board
14   or the department; or
15        (7) been denied for reasons of noncompliance the issuance
16   of any permit required for the discharge of pollutants under the
17   laws of this State within three years preceding the date of the
18   application for a permit under Chapters 55, 56 and 93 of Title 44,
19   Chapter 1 of Title 48, or any other state or federal environmental
20   law administered or enforced by the board or the department.
21      (F) Subject to approval by the board, and upon such terms and
22   conditions as the department may impose, the department may
23   issue a probationary permit despite disqualifying information
24   disclosed as required under subsections (D) and (E) if the
25   department finds that affirmative actions taken by the applicant
26   mitigate the impact of all material misrepresentations,
27   concealment, convictions, or adjudication. A probationary permit
28   issued wholly or in part under the authority of this section may be
29   revoked by the department with or without cause at any time.
30   Affirmative actions to be considered by the department as
31   mitigating factors include, but are not limited to, information,
32   documentation, or experience relating to:
33        (1) implementation by the applicant of formal policies,
34   training programs, or other management controls to prevent the
35   occurrence of future unlawful activities;
36        (2) installation by the applicant of environmental auditing
37   and compliance programs; and
38        (3) records inspections and monitoring of operations and
39   operational personnel by the department;
40        (4) unless waived by the department for good cause shown,
41   the discharge from employment of any individual who was
42   convicted of a crime as described in subsections (D) and (E); and


     [120]                             15
 1        (5) evidence of rehabilitation and compliance with all state
 2   and federal environmental laws, permits, permit conditions, and
 3   orders.
 4      (G) When refusing to issue a permit under the authority of this
 5   section, the department must make and separately state findings of
 6   fact to support a written determination made under subsections
 7   (D), (E), and (F). The findings of ultimate fact or conclusions
 8   contained in the department‟s written determination must be
 9   accompanied by a concise statement of the underlying basic facts
10   of record to support the findings of ultimate fact or conclusions.
11      (H) A person aggrieved by a decision of the department to
12   refuse, withhold, or revoke a permit under this section may appeal
13   the department‟s decision to the Court of Common Pleas in
14   Richland County.”
15
16   SECTION 6. Chapter 1, Title 44 of the 1976 Code is amended by
17   adding:
18
19      “Section 44-1-290. (A) The Department of Health and
20   Environmental Control shall investigate and maintain a complete
21   record of every known civil and criminal violation of an
22   environmental law, as defined in Section 16-11-705, in this State.
23      (B) The department, with the cooperation and assistance of the
24   Attorney General, shall also maintain and publish an index of all
25   records of civil violations and an index of all records of criminal
26   violations of environmental laws that occur in this State including,
27   but not limited to, all civil and criminal cases investigated,
28   reviewed for civil or criminal prosecution by the department, and
29   either disposed of by the department as a civil matter or referred by
30   the department to the Attorney General, circuit solicitors, federal
31   environmental law enforcement authorities, or to a law
32   enforcement coordination committee for prosecution or disposition
33   as a criminal matter, and all civil and criminal cases investigated,
34   reviewed, prosecuted, or disposed of as a civil or criminal matter
35   under a federal environmental law by a federal agency or an
36   instrumentality of the federal government. If the information is not
37   privileged and is subject to disclosure under the law, the Attorney
38   General shall furnish information in his possession that is required
39   to be published by this section to the department and shall assist
40   the department in acquiring any information required to be
41   published by this section that is not privileged and is subject to
42   disclosure from all state and federal environmental, law
43   enforcement, and prosecutorial sources in a timely manner.

     [120]                            16
 1      (C) The index for both civil and criminal records of violations
 2   of environmental laws must include the name of each person and
 3   responsible party causing or contributing to the violation, a citation
 4   to the specific provision of the law violated, a summary of the
 5   relevant facts including acts and omissions of persons or
 6   responsible parties causing or contributing giving rise to a
 7   violation, an assessment of all damage to the environment,
 8   including notice or warnings, if any, of residual damage or
 9   possible future harm damages given to property owners, private
10   citizens, and the general public, the disposition of all charges in all
11   civil or criminal cases made against a person or responsible party,
12   and, in cases where a person or responsible party causing or
13   contributing to a violation of an environmental law in this State is
14   not charged or prosecuted for a violation, the name of the
15   government agency or instrumentality and the identity of
16   individual or individuals exercising discretion within the
17   governmental agency or instrumentality who made the decision not
18   to charge or prosecute for the violation, and the justification for the
19   decision not to charge or prosecute a person or responsible party
20   for a violation of an environmental law in this State.
21      (D) Each index must be kept current, updated each month,
22   included in the annual report to the General Assembly required by
23   Section 44-1-120, and also must be made available to the general
24   public on the Internet.”
25
26   SECTION 7. Section 44-55-20 of the 1976 Code is amended to
27   read:
28
29      “Section 44-55-20. As used in this article:
30      (1) „Board‟ means the South Carolina Board of Health and
31   Environmental Control which is charged with responsibility for
32   implementation of the Safe Drinking Water Act.
33      (2) „Commissioner‟ means the commissioner of the department
34   or his authorized agent.
35      (3) „Community water systems‟ means a public water system
36   which serves at least fifteen service connections used by
37   year-round residents or regularly serves at least twenty-five
38   year-round residents. This may include, but is not limited to,
39   subdivisions, municipalities, mobile home parks, and apartments.
40      (4) „Construction permit‟ means a permit issued by the
41   department authorizing the construction of a new public water
42   system or the expansion or modification of an existing public
43   water system.

     [120]                             17
 1      (5) „Contamination‟ means the adulteration or alteration of the
 2   quality of the water of a public water system by the addition or
 3   deletion of any substance, matter, or constituent except as
 4   authorized pursuant to this article.
 5      (6) „Cross-connection‟ means any actual or potential
 6   connection or structural arrangement between a public water
 7   system and any other source or system through which it is possible
 8   to introduce into any part of the potable system any used water,
 9   industrial fluid, gas or substance other than the intended potable
10   water with which the system is supplied. Bypass arrangements,
11   jumper connections, removable sections, swivel or changeover
12   devices, and other temporary or permanent devices through which
13   or because of which backflow can or may occur are considered to
14   be cross-connections.
15      (7) „Department‟ means the South Carolina Department of
16   Health and Environmental Control, including personnel authorized
17   and empowered to act on behalf of the department or board.
18      (8) „Human consumption‟ means water used for drinking,
19   bathing, cooking, dishwashing, and maintaining oral hygiene or
20   other similar uses.
21      (9) „Knowing‟ or „knowingly‟ means:
22        (a) with respect to his conduct, a person is aware of the
23   nature of his conduct;
24        (b) with respect to an existing circumstance, a person is
25   aware of the circumstance or believes the circumstance exists; or
26        (c) with respect to the result of his conduct, a person is
27   aware or believes that his conduct is substantially certain to cause
28   danger, death, or serious bodily injury to another.
29      (9)(10) „Noncommunity water system‟ means a public water
30   system which serves at least fifteen service connections or
31   regularly serves an average of at least twenty-five individuals daily
32   at least sixty days out of the year and does not meet the definition
33   of a community water system.
34      (10)(11) „Nontransient noncommunity water system‟ means a
35   public water system that is not a community water system and that
36   regularly serves at least twenty-five of the same persons over six
37   months per year.
38      (11)(12) „Operating permit‟ means a permit issued by the
39   department that outlines the requirements and conditions under
40   which a person must operate a public water system.
41      (12)(13) „Person‟      means      an   individual,    partnership,
42   copartnership, cooperative, firm, company, public or private
43   corporation, political subdivision, government agency, trust, estate,

     [120]                            18
 1   joint structure company, or any other legal entity or its legal
 2   representative, agent, or assigns, and includes the directors,
 3   officers, agents, and employees of any discernable legal entity.
 4      (13)(14) „Public water system‟ means:
 5        (a) any publicly or privately owned waterworks system
 6   which provides water, whether bottled, piped, or delivered through
 7   some other constructed conveyance for human consumption,
 8   including the source of supply whether the source of supply is of
 9   surface or subsurface origin;
10        (b) all structures and appurtenances used for the collection,
11   treatment, storage, or distribution of water delivered to point of
12   meter of consumer or owner connection;
13        (c) any part or portion of the system, including any water
14   treatment facility, which in any way alters the physical, chemical,
15   radiological, or bacteriological characteristics of the water;
16   however, a public water system does not include a water system
17   serving a single private residence or dwelling. A separately owned
18   system with its source of supply from another waterworks system
19   must be a separate public water system. A connection to a system
20   that delivers water by a constructed conveyance other than a pipe
21   must not be considered a connection if:
22           ( i) the water is used exclusively for purposes other than
23   residential uses consisting of drinking, bathing, and cooking or
24   other similar uses;
25           (ii) the department determines that alternative water to
26   achieve the equivalent level of public health protection provided
27   by the applicable State Primary Drinking Water Regulations is
28   provided for residential or similar uses for drinking and cooking;
29   or
30           (iii) the department determines that the water provided for
31   residential or similar uses for drinking, cooking, and bathing is
32   centrally treated or treated at the point of entry by the provider, a
33   pass-through entity, or the user to achieve the equivalent level of
34   protection provided by the applicable State Primary Drinking
35   Water Regulations.
36      (15) „Responsible party‟ means a person whose acts, errors,
37   omissions, decisions, or instructions to another causes or
38   contributes to the violation of a state or federal environmental law
39   or who is determined to be legally responsible or liable for any
40   pollution or damage to the environment, threat to public health, or
41   damage to public or private property.
42      (16) „Serious bodily injury‟ means:
43        (a) bodily injury which involves a substantial risk of death;

     [120]                            19
 1        (b) unconsciousness;
 2        (c) extreme physical pain;
 3        (d) protracted and obvious disfigurement; or
 4        (e) protracted loss or impairment of the function of a bodily
 5   member, organ, or mental faculty.
 6      (14)(17) „State water system‟ means any water system that
 7   serves less than fifteen service connections or regularly serves an
 8   average of less than twenty-five individuals daily.
 9      (15)(18) „Transient noncommunity water system‟ means a
10   noncommunity water system that does not regularly serve at least
11   twenty-five of the same persons over six months a year.
12      (16)(19) „Well‟ means a bored, drilled or driven shaft, or a dug
13   hole, whose depth is greater than the largest surface dimension,
14   from which water is extracted or injected. This includes, but is not
15   limited to, wells used for water supply for irrigation, industrial and
16   manufacturing processes, or drinking water, wells used for
17   underground injection of waste for disposal, storage, or drainage
18   disposal, wells used in mineral or geothermal recovery, and any
19   other special process wells.
20      (17)(20) „Well driller‟ means an individual, corporation,
21   partnership, association, political subdivision, or public agency of
22   this State who is licensed with the South Carolina Department of
23   Labor, Licensing and Regulation for constructing wells and is in
24   immediate supervision of and responsible for the construction,
25   development, drilling, testing, maintenance, repair, or
26   abandonment of any well as defined by this chapter. This term
27   does include owners constructing or abandoning wells on their
28   own property for their own personal use only, except that these
29   owners are not required to be licensed by the Department of Labor,
30   Licensing and Regulation for construction wells.”
31
32   SECTION 8. Section 44-55-80 of the 1976 Code is amended to
33   read:
34
35     “Section 44-55-80. (A) It is unlawful for a person to fail to
36   comply with:
37        (1) the provisions of this article or the regulations
38   promulgated pursuant to this article;
39        (2) the conditions of any permit issued under this article; or
40        (3) any order of the department. or a court relating to
41   enforcement of this article.
42     (B) It is unlawful for a person to render a public water system,
43   or part or portion of a public water system, inoperable or unusable

     [120]                             20
 1   by means of contamination, vandalism, sabotage, or assault upon
 2   or detention of employees of the system or to misrepresent any fact
 3   related to the operation of a public water system.
 4      (C) It is unlawful for a person to:
 5        (1) omit material information or make any false material
 6   statement or representation in any application, label, manifest,
 7   record, report, permit, or other document filed, maintained, or used
 8   for purposes of compliance with this article or regulations
 9   promulgated for the enforcement of this article;
10        (2) destroy, alter, conceal, or fail to file any record,
11   application, manifest, report, or other document required to be
12   maintained or filed for purposes of compliance with this article or
13   regulations promulgated for the enforcement of this article;
14        (3) withhold information relating to a real and substantial
15   danger to the public health or safety if the information has been
16   requested by the department and is necessary or required to carry
17   out the department‟s responsibilities pursuant to this article in
18   response to a real and substantial danger;
19        (4) transport, treat, store, or dispose of chemical, industrial,
20   hazardous, bacterial, or infectious waste, or any other kind of
21   pollutant, in violation of this article or regulations promulgated
22   pursuant to it; or
23        (5) violate any provision of this article or regulations
24   promulgated for the enforcement of this article if the violation
25   places another person in imminent danger of death or serious
26   bodily injury.”
27
28   SECTION 9. Section 44-55-90 of the 1976 Code is amended to
29   read:
30
31      “Section 44-55-90. (A) Any person wilfully violating the
32   provisions of Section 44-55-80 is guilty of a misdemeanor and,
33   upon conviction, must be fined not more than ten thousand dollars
34   a day per violation or imprisoned for not more than one year, or
35   both.
36      (B)(1) A violation of Section 44-55-80 by a person renders the
37   violator liable to the State for a civil penalty of not more than five
38   thousand dollars a day per violation.
39        (2) The department may administer penalties as otherwise
40   provided for violations of this article, including any order, permit,
41   regulation, or standard or may request the Attorney General to
42   commence an action under this subsection in an appropriate court
43   of the State to secure this penalty.

     [120]                             21
 1      (C) The department may cause to be instituted a civil action in
 2   any court of applicable jurisdiction for injunctive relief to prevent
 3   violation of this article or any order issued pursuant to Sections
 4   44-55-40, 44-55-60, and 44-55-70.
 5      (A) If the department finds that a person is in violation of any
 6   permit, regulation, standard, or requirement under this chapter, or
 7   finds that a responsible party is causing or contributing to a
 8   violation of any permit, regulation, standard, or requirement under
 9   this chapter, the department may:
10         (1) administer all penalties provided for violations of this
11   chapter;
12         (2) invoke civil penalties as provided in this section for
13   violations of the provisions of this chapter;
14         (3) issue a departmental order requiring the person or
15   responsible party to comply with the permit, regulation, standard,
16   or requirement;
17         (4) bring a civil action in a court of competent jurisdiction
18   for injunctive relief to prevent a violation of this chapter or any
19   order issued pursuant to Section 44-55-40, 44-55-60, or 44-55-70
20   to enforce any departmental order issued under this section or for
21   enforcement of the civil penalties provided for in this chapter;
22         (5) refer the matter to the Attorney General for appropriate
23   civil and criminal enforcement action; or
24         (6) in cases involving a criminal violation of state or federal
25   environmental laws, refer any criminal matter to the appropriate
26   federal, state, or other law enforcement agencies or prosecutors for
27   investigation and prosecution according to law.
28      Violation of any court order issued or obtained pursuant to this
29   section is contempt of the court issuing the order and punishable as
30   provided by law.
31      (B) A person who violates any provision of Section 44-55-80,
32   or a responsible party who causes or contributes to a violation of
33   Section 44-55-80, is liable for a civil penalty not to exceed
34   twenty-five thousand dollars each day of violation. A person
35   against whom a civil penalty is invoked by the department may
36   appeal the decision of the department to the Court of Common
37   Pleas in Richland County.
38      (C) Each day of noncompliance with any order issued pursuant
39   to this chapter, or noncompliance with any permit, regulation,
40   standard or requirement pursuant to Section 44-55-80, is a separate
41   offense.



     [120]                            22
 1      (D) A violation referred to in this section must be reported by
 2   the department to the governing body of the county or municipality
 3   concerned within twenty-four hours.
 4      (E) Except as provided in this section, a person who violates
 5   any provision of Section 44-55-80, or a responsible party who
 6   causes or contributes to the violation of any provision of Section
 7   44-55-80, is guilty of a misdemeanor and upon conviction must be
 8   fined not less than five hundred dollars or more than twenty-five
 9   thousand dollars each day of violation or imprisoned for not more
10   than one year, or both. A person or responsible party who is
11   convicted of a second or subsequent offense punishable under this
12   subsection must be fined not more than fifty thousand dollars each
13   day of violation or imprisoned not more than five years, or both.
14      (F) A person who knowingly violates any provision of Section
15   44-55-80, or a responsible party who causes or contributes to the
16   violation of any provision of Section 44-55-80, is guilty of a felony
17   and upon conviction must be fined not more than fifty thousand
18   dollars each day of violation or imprisoned for not more than ten
19   years or both. A person or responsible party who is convicted of a
20   second or subsequent offense under this subsection must be fined
21   not more than fifty thousand dollars each day of violation or
22   imprisoned not more than ten years, or both. A person other than
23   an individual, and a responsible party other than an individual,
24   who is convicted of a knowing violation of any provision of this
25   chapter must be fined not more than one million dollars for each
26   violation.
27      (G) A criminal penalty imposed for a violation of any provision
28   of this chapter is in addition to, and not in lieu of, any civil or
29   administrative penalty or other sanction authorized by law.”
30
31   SECTION 10. Section 44-56-20 of the 1976 Code is amended to
32   read:
33
34     “Section 44-56-20. Definitions as used in For purposes of this
35   chapter:
36     (1) „Board‟ means the South Carolina Board of Health and
37   Environmental Control which is charged with responsibility for
38   implementation of the Hazardous Waste Management Act.
39     (2) „Director‟ means the director of the department or his
40   authorized agent.
41     (3) „Department‟ means the Department of Health and
42   Environmental Control, including personnel thereof of the


     [120]                            23
 1   department authorized by the board to act on behalf of the
 2   department or board.
 3      (4) „Disposal‟ means the discharge, deposit, injection,
 4   dumping, spilling, leaking, or placing of any hazardous waste into
 5   or on any land or water so that such substance or any constituent
 6   thereof may enter the environment or be emitted into the air or
 7   discharged into any waters, including groundwater.
 8      (5) „Generation‟ means the act or process of producing waste
 9   materials.
10      (6) „Hazardous waste‟ means any waste, or combination of
11   wastes, of a solid, liquid, contained gaseous, or semisolid form
12   which because of its quantity, concentration, or physical, chemical,
13   or infectious characteristics may in the judgment of the
14   department:
15        (a) cause, or significantly contribute to an increase in
16   mortality or an increase in serious irreversible, or incapacitating
17   reversible illness; or
18        (b) pose a substantial present or potential hazard to human
19   health or the environment when improperly treated, stored,
20   transported, or disposed of, or otherwise managed. Such wastes
21   may include, but are not limited to, those which are toxic,
22   corrosive, flammable, irritants, strong sensitizers, persistent in
23   nature, assimilated, or concentrated in tissue, or which generate
24   pressure through decomposition, heat, or other means. The term
25   does not include solid or dissolved materials in domestic sewage,
26   or solid dissolved materials in irrigation return flows, or industrial
27   discharges which are point sources subject to NPDES permits
28   under the Federal Water Pollution Control Act or the Pollution
29   Control Act of South Carolina or source, special nuclear, or
30   byproduct material as defined by the Atomic Energy Act of 1954.
31      (7) „Hazardous waste management‟ means the systematic
32   control of the collection, source separation, storage, transportation,
33   processing, treatment, recovery, and disposal of hazardous wastes.
34      (8) „Knowing‟ or „knowingly‟ means:
35        (a) with respect to his conduct, a person is aware of the
36   nature of his conduct;
37        (b) with respect to an existing circumstance, a person is
38   aware of the circumstance or believes the circumstance exists; or
39        (c) with respect to the result of his conduct, a person is
40   aware or believes that his conduct is substantially certain to cause
41   danger, death, or serious bodily injury to another.
42      (8)(9) „Manifest‟ means the form used for identifying the
43   quantity, composition, or origin, routing, and destination of

     [120]                             24
 1   hazardous waste during its transportation from the point of
 2   generation to the point of disposal, treatment, or storage.
 3      (9)(10) „Permit‟ means the process by which the department can
 4   ensure cognizance of, as well as control over the management of
 5   hazardous wastes.
 6      (11) „Person‟ means an individual or natural person, a trust, joint
 7   stock company, a federal agency, a corporation including a
 8   government corporation, a partnership, an association, a state, a
 9   county, a municipality, a governing board or commission, a
10   political subdivision of a state, an interstate body, or any other
11   discernable legal entity however named, known, or denominated,
12   and includes the directors, officers, agents, and employees of
13   trusts, joint stock companies, federal agencies, corporations
14   including government corporations, partnerships, associations,
15   states, counties, municipalities, governing boards or commissions,
16   political subdivisions of a state, an interstate body, or of any other
17   discernable legal entity.
18      (12) „Responsible party‟ means a person whose act, errors,
19   omissions, decisions, or instructions to another causes or
20   contributes to the violation of a state or federal environmental law
21   or who is determined to be legally responsible or liable for any
22   pollution or damage to the environment, threat to public health, or
23   damage to public or private property.
24      (13) „Serious bodily injury‟ means:
25        (a) bodily injury which involves a substantial risk of death;
26        (b) unconsciousness;
27        (c) extreme physical pain;
28        (d) protracted and obvious disfigurement; or
29        (e) protracted loss or impairment of the function of a bodily
30   member, organ, or mental faculty.
31      (10)(14) „Storage‟ means the actual or intended containment of
32   wastes, either on a temporary basis or for a period of years, in such
33   manner as not to constitute disposal of such hazardous wastes.
34      (11)(15) „Transport‟ means the movement of hazardous wastes
35   from the point of generation to any intermediate points and finally
36   to the point of ultimate treatment, storage or disposal.
37      (12)(16) „Treatment‟ means any method, technique, or process,
38   including neutralization, designed to change the physical,
39   chemical, or biological character or composition of any hazardous
40   waste, so as to neutralize such waste or so as to render such waste
41   nonhazardous, safer for transport, amenable for recovery,
42   amenable for storage, reduced in volume, or suitable for final
43   disposal.

     [120]                             25
 1      (13)(17) „Uncontrolled hazardous waste site‟ means any site
 2   where hazardous wastes or other hazardous substances have been
 3   released, abandoned, or otherwise improperly managed so that
 4   governmental response action is deemed necessary to remedy
 5   actual or potential damages to public health, the public welfare, or
 6   the environment.
 7      For the purpose of this item the term „hazardous waste‟ does not
 8   include petroleum, including crude oil or fraction thereof; natural
 9   gas; natural gas liquids; liquified natural gas; synthetic gas usable
10   for fuel; or mixtures of natural gas and such synthetic gas.
11      (14)(18) „Response action‟ is any cleanup, containment,
12   inspection, or closure of a site ordered by the director as necessary
13   to remedy actual or potential damages to public health, the public
14   welfare, or the environment.”
15
16   SECTION 11. Section 44-56-130 of the 1976 Code is amended
17   to read:
18
19      “Section 44-56-130. (A) After the promulgation of the
20   regulations required under Section 44-56-30, it is unlawful for a
21   person:
22         (1) It shall be unlawful for any person to generate, store,
23   transport, treat, or dispose of hazardous wastes in this State
24   without reporting such activity to the department as required by
25   such these regulations.;
26         (2) It shall be unlawful for any person to generate, store,
27   transport, treat, or dispose of hazardous wastes in this State
28   without complying with the procedures described in such these
29   regulations.;
30         (3) It shall be unlawful for any person to fail to comply with
31   this chapter and rules and regulations promulgated pursuant to this
32   chapter; to fail to comply with any permit issued under this
33   chapter; or to fail to comply with any order issued by the board,
34   director, or department. ,or a court relating to enforcement of this
35   chapter;
36         (4) It is unlawful for any person who owns or operates a
37   waste treatment facility within this State to accept any hazardous
38   waste generated in any jurisdiction which prohibits by law the
39   treatment of that hazardous waste within that jurisdiction or which
40   has not entered into an interstate or regional agreement for the safe
41   treatment of hazardous waste pursuant to the federal
42   Comprehensive Environmental Response, Compensation and
43   Liability Act. Written documentation demonstrating compliance

     [120]                            26
 1   with this item must be submitted to the department before the
 2   transportation of any hazardous waste into the State for treatment.;
 3        (5) It is unlawful for any person who owns or operates a
 4   waste storage facility within this State to accept any hazardous
 5   waste generated in any jurisdiction which prohibits by law the
 6   storage of that hazardous waste within that jurisdiction or which
 7   has not entered into an interstate or regional agreement for the safe
 8   storage of hazardous waste pursuant to the federal Comprehensive
 9   Environmental Response, Compensation and Liability Act.
10   Written documentation demonstrating compliance with this item
11   must be submitted to the department before the transportation of
12   any hazardous waste into the State for storage.;
13        (6) It is unlawful for any person who owns or operates a
14   waste disposal facility within this State to accept any hazardous
15   waste generated in any jurisdiction which prohibits by law the
16   disposal of that hazardous waste within that jurisdiction or which
17   has not entered into an interstate or regional agreement for the safe
18   disposal of hazardous waste pursuant to the federal Comprehensive
19   Environmental Response, Compensation and Liability Act.
20   Written documentation demonstrating compliance with this item
21   must be submitted to the department before the transportation of
22   any hazardous waste into the State for disposal.
23      (B) It is unlawful for a person to:
24        (1) omit material information or make any false material
25   statement or representation in any application, label, manifest,
26   record, report, permit, or other document filed, maintained, or used
27   for purposes of compliance with this chapter or regulations
28   promulgated for the enforcement of this chapter;
29        (2) destroy, alter, conceal, or fail to file any record,
30   application, manifest, report, or other document required to be
31   maintained or filed for purposes of compliance with this chapter or
32   regulations promulgated for the enforcement of this chapter;
33        (3) withhold information relating to a real and substantial
34   danger to the public health or safety when the information has been
35   requested by the department and is necessary or required to carry
36   out the department‟s responsibilities pursuant to this chapter in
37   response to a real and substantial danger;
38        (4) transport, treat, store, or dispose of hazardous waste in
39   violation of this chapter or regulations promulgated pursuant to it;
40   or
41        (5) violate any provision of this chapter or regulations
42   promulgated for the enforcement of this chapter if the violation


     [120]                            27
 1   places another person in imminent danger of death or serious
 2   bodily injury.”
 3
 4   SECTION 12. Section 44-56-140 of the 1976 Code is amended
 5   to read:
 6
 7      “Section 44-56-140. A.(A) Whenever If the department finds
 8   that any a person is in violation of any permit, regulation, standard,
 9   or requirement under this chapter, or finds that a responsible party
10   is causing or contributing to a violation of any permit, regulation,
11   standard, or requirement under this chapter, the department may:
12   issue an order requiring such person to comply with such permit,
13   regulation, standard, or requirement, or the department may
14   request that the Attorney General bring civil action for injunctive
15   relief in the appropriate court; or, the department may request that
16   the Attorney General bring civil enforcement action under
17   subsection B of this section. Violation of any court order issued
18   pursuant to this section shall be deemed contempt of the issuing
19   court and punishable therefor as provided by law. The department
20   may also invoke civil penalties as provided in this section for
21   violations of the provisions of this chapter, including any order,
22   permit, regulation or standard. Any person against whom a civil
23   penalty is invoked by the department may appeal the decision of
24   the department to the Court of Common Pleas in Richland County.
25         (1) invoke civil penalties as provided in this section for
26   violations of the provisions of this chapter;
27         (2) issue a departmental order requiring the person or
28   responsible party to comply with the permit, regulation, standard,
29   or requirement;
30         (3) bring a civil action in a court of competent jurisdiction
31   for injunctive relief to enforce any department order issued under
32   this section or for enforcement of the civil penalties provided for in
33   this chapter;
34         (4) refer the matter to the Attorney General for appropriate
35   civil and criminal enforcement action; or
36         (5) in cases involving a criminal violation of state or federal
37   environmental laws, refer any criminal matter to the appropriate
38   federal, state, or other law enforcement agencies or prosecutors for
39   investigation and prosecution according to law.
40      Violation of any court order issued or obtained pursuant to this
41   section is contempt of the court issuing the order and punishable as
42   provided by law.


     [120]                             28
 1      B.(B) Any A person who violates any provision of Section
 2   44-56-130 and a responsible party who causes or contributes to a
 3   violation of Section 44-56-130, shall be is liable for a civil penalty
 4   not to exceed twenty-five thousand dollars each day of violation.
 5      C. Any person who willfully violates any provision of Section
 6   44-56-130 shall be deemed guilty of a misdemeanor and upon
 7   conviction shall be fined not more than twenty-five thousand
 8   dollars per day of violation or imprisoned for not more than one
 9   year or both, if the conviction is for a second or subsequent
10   offense; the punishment shall be by a fine not to exceed fifty
11   thousand dollars per day of violation, or imprisonment not to
12   exceed two years, or both.
13      D.(C) Each day of noncompliance with any order issued
14   pursuant to this chapter, or noncompliance with any permit,
15   regulation, standard or requirement pursuant to Section 44-56-130
16   shall constitute is a separate offense.
17      E. (D) The violations referred to in this section shall must be
18   reported by the department to the governing body of the county or
19   municipality concerned within twenty-four hours.
20      (E) Except as provided in this section, a person who violates
21   any provision of Section 44-56-130, or a responsible party who
22   causes or contributes to the violation of any provision of Section
23   44-56-130, is guilty of a misdemeanor and upon conviction must
24   be fined not more than ten thousand dollars each day of violation
25   or imprisoned for not more than one year, or both. A person or
26   responsible party who is convicted of a second or subsequent
27   offense punishable under this subsection must be fined not more
28   than fifty thousand dollars each day of violation, or imprisoned not
29   more than five years, or both.
30      (F) A person who knowingly violates any provision of Section
31   44-56-130, or a responsible party who causes or contributes to the
32   violation of any provision of Section 44-56-130, is guilty of a
33   felony and upon conviction must be fined not more than fifty
34   thousand dollars each day of violation or imprisoned for not more
35   than ten years or both. A person or responsible party who is
36   convicted of a second or subsequent offense under this subsection
37   must be fined not more than fifty thousand dollars each day of
38   violation, or imprisoned not more than ten years, or both. A
39   person other than an individual, and a responsible party other than
40   an individual, who is convicted of knowingly violating any
41   provision of this chapter must be fined not more than one million
42   dollars for each violation.


     [120]                             29
 1     (G) A criminal penalty imposed for a violation of any provision
 2   of this chapter is in addition to, and not in lieu of, any civil or
 3   administrative penalty or other sanction authorized by law.”
 4
 5   SECTION 13. Section 44-93-20 of the 1976 Code is amended to
 6   read:
 7
 8      “Section 44-93-20. For purposes of this chapter:
 9      (A)(1) „Infectious waste‟ or „waste‟ means:
10         (1)(a) sharps;
11      (2)(b) cultures and stocks of infectious agents and associated
12   biologicals;
13         (3)(c) human blood and blood products;
14         (4)(d) pathological waste;
15         (5)(e) contaminated animal carcasses, body parts, and
16   bedding of animals intentionally exposed to pathogens; and
17         (6)(f) isolation waste pursuant to the „Guidelines for
18   Isolation Precautions in Hospitals‟, Centers for Disease Control.
19   Nothing in this chapter prohibits a generator of infectious wastes
20   from designating and managing wastes in addition to those listed
21   above as infectious wastes.
22      (B)(2) „Infectious waste management‟ means the systematic
23   control of the collection, source separation, storage, transportation,
24   treatment, and disposal of infectious wastes.
25      (C)(3) „Board‟ means the South Carolina Board of Health and
26   Environmental Control which is charged with responsibility for
27   implementation of the Infectious Waste Management Act.
28      (D)(4) „Director‟ means the director of the department or his
29   authorized agent.
30      (E)(5) „Containment‟ means the packaging of infectious waste
31   or the containers in which infectious waste is placed.
32      (F)(6) „Department‟ means the Department of Health and
33   Environmental Control, including personnel of the department
34   authorized by the board to act on behalf of the department or
35   board.
36      (G)(7) „Dispose‟ means to discharge, deposit, inject, dump,
37   spill, leak, or place any infectious waste into or on any land or
38   water including groundwater so that the substance may enter the
39   environment or be emitted into the air or discharged into any
40   waters, including groundwater.
41      (H)(8) „Facility‟ means a location or site within which
42   infectious waste is treated, stored, or disposed of.


     [120]                             30
 1      (I)(9) „Generator‟ means the person producing infectious waste
 2   except waste produced in a private residence.
 3      (J)(10) „Generator facility‟ means a facility that treats infectious
 4   waste that is owned or operated by a combination or association of
 5   generators, a nonprofit professional association representing
 6   generators or a nonprofit corporation controlled by generators,
 7   nonprofit foundation of hospitals, or nonprofit corporations wholly
 8   owned by hospitals, if the waste is generated in this State and
 9   treatment is provided on a nonprofit basis.
10      (K)(11) „Person‟        means     an    individual,     partnership,
11   co-partnership, cooperative, firm, company, public or private
12   corporation, political subdivision, agency of the State, county, or
13   local government, trust, estate, joint structure company, or any
14   other legal entity or its legal representative, agent, or assigns, and
15   includes the directors, officers, agents, and employees of any
16   discernable legal entity.
17      (L)(12) „Storage‟ means the actual or intended holding of
18   infectious wastes, either on a temporary basis or for a period of
19   time, in the manner as not to constitute disposing of the wastes.
20      (M)(13) „Transport‟ means the movement of infectious waste
21   from the generation site to a facility or site for intermediate
22   storage.
23      (N)(14) „Treatment‟ means a method, technique, or process
24   designed to change the physical, chemical, or biological character
25   or composition of infectious waste so as to sufficiently reduce or
26   eliminate the infectious nature of the waste.
27      (O)(15) „Expand‟ means an increase in the capacity of the
28   facility or an increase in the quantity of infectious waste received
29   by a facility that exceeds a permit condition.
30      (16) „Responsible party‟ means a person whose acts, errors,
31   omissions, decisions, or instructions to another causes or
32   contributes to the violation of a state or federal environmental law
33   or who is determined to be legally responsible or liable for any
34   pollution or damage to the environment, threat to public health, or
35   damage to public or private property.
36      (17) „Knowing‟ or „knowingly‟ means:
37         (a) with respect to his conduct, a person is aware of the
38   nature of his conduct;
39         (b) with respect to an existing circumstance, a person is
40   aware of the circumstance or believes the circumstance exists; or
41         (c) with respect to the result of his conduct, a person is
42   aware or believes that his conduct is substantially certain to cause
43   danger, death, or serious bodily injury to another.

     [120]                             31
 1    (18) „Serious bodily injury‟ means:
 2      (a) bodily injury which involves a substantial risk of death;
 3      (b) unconsciousness;
 4      (c) extreme physical pain;
 5      (d) protracted and obvious disfigurement; or
 6      (e) protracted loss or impairment of the function of a bodily
 7   member, organ, or mental faculty.”
 8
 9   SECTION 14. Section 44-93-140 of the 1976 Code is amended
10   to read:
11
12      “Section 44-93-140. (A) Following the promulgation of the
13   regulations required pursuant to Section 44-93-30, it is unlawful
14   for a person to fail to comply with this chapter or with a procedure
15   or requirement set forth in the regulations or with a departmental
16   or court order relating to the enforcement of this chapter.
17      (B) It is unlawful for a person to:
18        (1) omit material information or make any false material
19   statement or representation in any application, label, manifest,
20   record, report, permit, or other document filed, maintained, or used
21   for purposes of compliance with this chapter or regulations
22   promulgated for the enforcement of this chapter;
23        (2) destroy, alter, conceal, or fail to file any record,
24   application, manifest, report, or other document required to be
25   maintained or filed for purposes of compliance with this chapter or
26   regulations promulgated for the enforcement of this chapter;
27        (3) withhold information relating to a real and substantial
28   danger to the public health or safety when the information has been
29   requested by the department and is necessary or required to carry
30   out the department‟s responsibilities pursuant to this chapter in
31   response to a real and substantial danger;
32        (4) transport, treat, store, or dispose of infectious waste in
33   violation of this chapter or regulations promulgated pursuant to it;
34   or
35        (5) violate any provision of this article or regulations
36   promulgated for the enforcement of this chapter if the violation
37   places another person in imminent danger of death or serious
38   bodily injury.”
39
40   SECTION 15. Section 44-93-150 of the 1976 Code is amended
41   to read:
42


     [120]                            32
 1      “Section 44-93-150. (A) Whenever the department finds that a
 2   person is in violation of a permit, regulation, standard, or
 3   requirement under this chapter, the department may issue an order
 4   requiring the person to comply with the permit, regulation,
 5   standard, or requirement or the department may bring civil action
 6   for injunctive relief in the appropriate court; or, the department
 7   may request that the Attorney General bring civil or criminal
 8   enforcement action under subsection (B) or (C) of this section.
 9   Violation of a court order issued pursuant to this section is
10   contempt of the issuing court and punishable as provided by law.
11   The department also may invoke civil penalties as provided in this
12   section for violations of the provisions of this chapter, including an
13   order, permit, regulation, or standard. After exhaustion of
14   administrative remedies, a person against whom a civil penalty is
15   invoked by the department may appeal the decision of the
16   department or board to the Court of Common Pleas.
17   (B) A person who violates a provision of Section 44-93-140 is
18   liable for a civil penalty not to exceed ten thousand dollars a day of
19   violation.
20   (C) A person who wilfully violates a provision of Section
21   44-93-140 is guilty of a misdemeanor and, upon conviction, must
22   be fined not more than ten thousand dollars for each day of
23   violation or imprisoned for not more than one year, or both. If the
24   conviction is for a second or subsequent offense, the punishment
25   must be by a fine not to exceed twenty-five thousand dollars for
26   each day of violation or imprisonment not to exceed two years, or
27   both.
28   (D) Each day of noncompliance with an order issued pursuant to
29   this chapter or noncompliance with a permit, regulation, standard,
30   or requirement pursuant to this chapter constitutes a separate
31   offense. (A) If the department finds that a person is in violation
32   of any permit, regulation, standard, or requirement under this
33   chapter, or finds that a responsible party is causing or contributing
34   to a violation of any permit, regulation, standard, or requirement
35   under this chapter, the department may:
36        (1) administer all penalties provided for violations of this
37   chapter;
38        (2) invoke civil penalties as provided in this section for
39   violations of the provisions of this chapter;
40        (3) issue a departmental order requiring the person or
41   responsible party to comply with the permit, regulation, standard,
42   or requirement;


     [120]                             33
 1         (4) bring a civil action in a court of competent jurisdiction
 2   for injunctive relief to prevent a violation of this chapter or any
 3   order issued pursuant to this chapter, to enforce any departmental
 4   order issued under this section, or for enforcement of the civil
 5   penalties provided for in this chapter;
 6         (5) refer the matter to the Attorney General for appropriate
 7   civil and criminal enforcement action; or
 8         (6) in cases involving a criminal violation of state or federal
 9   environmental laws, refer any criminal matter to the appropriate
10   federal, state, or other law enforcement agencies or prosecutors for
11   investigation and prosecution according to law.
12      Violation of any court order issued or obtained pursuant to this
13   section is contempt of the court issuing the order and punishable as
14   provided by law.
15      (B) A person who violates any provision of Section 44-93-140,
16   or a responsible party who causes or contributes to a violation of
17   Section 44-93-140, is liable for a civil penalty not to exceed
18   twenty-five thousand dollars each day of violation. A person
19   against whom a civil penalty is invoked by the department may
20   appeal the decision of the department to the Court of Common
21   Pleas in Richland County.
22      (C) Each day of noncompliance with any order issued pursuant
23   to this chapter, or noncompliance with any permit, regulation,
24   standard or requirement pursuant to Section 44-93-140, is a
25   separate offense.
26      (D) The violations referred to in this section must be reported
27   by the department to the governing body of the county or
28   municipality concerned within twenty-four hours.
29      (E) Except as provided in this section, a person who violates
30   any provision of Section 44-93-140, or a responsible party who
31   causes or contributes to the violation of any provision of Section
32   44-93-140, is guilty of a misdemeanor and upon conviction shall
33   be fined not more than ten thousand dollars each day of violation,
34   or imprisoned for not more than one year, or both. A person or
35   responsible party who is convicted of a second or subsequent
36   offense punishable under this subsection must be punished by a
37   fine not to exceed fifty thousand dollars each day of violation, or
38   imprisonment not to exceed five years, or both.
39      (F) A person who knowingly violates any provision of Section
40   44-93-140, or a responsible party who causes or contributes to the
41   violation of any provision of Section 44-93-140, is guilty of a
42   felony and upon conviction must be fined not more than fifty
43   thousand dollars each day of violation or imprisoned for not more

     [120]                            34
 1   than ten years, or both. A person or responsible party who is
 2   convicted of a second or subsequent offense under this subsection
 3   must be punished by a fine not to exceed fifty thousand dollars
 4   each day of violation, or imprisonment not to exceed ten years, or
 5   both. A person other than an individual, and a responsible party
 6   other than an individual, who is convicted of a knowing violation
 7   of any provision of this chapter must be fined not more than one
 8   million dollars for each violation.
 9     (G) A criminal penalty imposed for a violation of any provision
10   of this chapter is in addition to, and not in lieu of, any civil or
11   administrative penalty or other sanction authorized by law.”
12
13   SECTION 16. Section 48-1-10 of the 1976 Code is amended to
14   read:
15
16      “Section 48-1-10. (A) This chapter may be cited as the
17   „Pollution Control Act‟ and, when used herein, unless the context
18   otherwise requires:.
19      (B) For purposes of this chapter:
20        (1) „Person‟ means any individual, public or private
21   corporation,      political    subdivision,     government      agency,
22   municipality, industry, copartnership, association, firm, trust,
23   estate or any other legal entity whatsoever and includes the
24   directors, officers, agents, and employees of any discernable legal
25   entity;
26        (2) „Waters‟ means lakes, bays, sounds, ponds, impounding
27   reservoirs, springs, wells, rivers, streams, creeks, estuaries,
28   marshes, inlets, canals, the Atlantic Ocean within the territorial
29   limits of the State and all other bodies of surface or underground
30   water, natural or artificial, public or private, inland or coastal, fresh
31   or salt, which are wholly or partially within or bordering the State
32   or within its jurisdiction;
33        (3) „Marine district‟ means the waters of the Atlantic Ocean
34   within three nautical miles from the coast line and all other tidal
35   waters within the State;
36        (4) „Sewage‟ means the water-carried human or animal
37   wastes from residences, buildings, industrial establishments or
38   other places, together with such ground water infiltration and
39   surface water as may be present and the admixture with sewage of
40   industrial wastes or other wastes shall also be considered „sewage‟;
41      (5) „Industrial waste‟ means any liquid, gaseous, solid or other
42   waste substance or a combination thereof resulting from any


     [120]                              35
 1   process of industry, manufacturing, trade or business or from the
 2   development of any natural resources;
 3      (6) „Other wastes‟ means garbage, refuse, decayed wood,
 4   sawdust, shavings, bark, sand, clay, lime, cinders, ashes, offal, oil,
 5   gasoline, other petroleum products or by-products, tar, dye stuffs,
 6   acids, chemicals, dead animals, heated substances and all other
 7   products, by-products or substances not sewage or industrial waste;
 8      (7) „Pollution‟ means (1) the presence in the environment of
 9   any substance, including, but not limited to, sewage, industrial
10   waste, other waste, air contaminant, or any combination thereof in
11   such quantity and of such characteristics and duration as may
12   cause, or tend to cause the environment of the State to be
13   contaminated, unclean, noxious, odorous, impure or degraded, or
14   which is, or tends to be injurious to human health or welfare; or
15   which damages property, plant, animal or marine life or use of
16   property; or (2) the man-made or man-induced alteration of the
17   chemical, physical, biological and radiological integrity of water;
18      (8) „Standard‟ or “standards” means such measure of purity or
19   quality for any waters in relation to their reasonable and necessary
20   use as may after hearing be established;
21      (9) „Department‟ means the Department of Health and
22   Environmental Control;
23      (10) „Sewage system‟ or „sewerage system‟ means pipelines and
24   conductors, pumping stations, force mains and all other
25   construction, devices and appliances appurtenant thereto used for
26   conducting sewage, industrial waste or other wastes to a point of
27   ultimate discharge;
28      (11) „Treatment works‟ means any plant, disposal field, lagoon,
29   constructed drainage ditch or surface water intercepting ditch,
30   incinerator, area devoted to sanitary land fills or other works not
31   specifically mentioned herein, installed for the purpose of treating,
32   neutralizing, stabilizing or disposing of sewage, industrial waste or
33   other wastes;
34      (12) „Disposal system‟ means a system for disposing of sewage,
35   industrial waste or other wastes, including sewerage systems and
36   treatment works;
37      (13) „Outlet‟ means the terminus of a sewer system or the point
38   of emergence of any water-borne sewage, industrial waste or other
39   wastes, or the effluent therefrom, into the waters of the State;
40      (14) „Shellfish‟ means oysters, scallops, clams, mussels and
41   other aquatic mollusks and lobsters, shrimp, crawfish, crabs and
42   other aquatic crustaceans;


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 1      (15) „Ambient air‟ means that portion of the atmosphere outside
 2   of buildings and other enclosures, stacks, or ducts which surrounds
 3   human, plant, or animal life, water or property;
 4      (16) „Air contaminant‟ means particulate matter, dust, fumes,
 5   gas, mist, smoke, or vapor, or any combination thereof produced
 6   by processes other than natural;
 7      (17) „Source‟ means any and all points of origin of air
 8   contaminants whether privately or publicly owned or operated;
 9      (18) „Undesirable level‟ means the presence in the outdoor
10   atmosphere of one or more air contaminants or any combination
11   thereof in sufficient quantity and of such characteristics and
12   duration as to be injurious to human health or welfare, or to
13   damage plant, animal or marine life, to property or which
14   unreasonably interfere with enjoyment of life or use of property;
15      (19) „Emission‟ means a release into the outdoor atmosphere of
16   air contaminants;
17      (20) „Environment‟ means the waters, ambient air, soil, and/or
18   or land or any combination of these;
19      (21) „Effluent‟ means the discharge from a waste disposal
20   system;
21      (22) „Effluent limitations‟ means restrictions or prohibitions of
22   chemical, physical, biological, and other constituents which are
23   discharged from point sources into state waters, including
24   schedules of compliance;
25      (23) „Point source‟ means any discernible, confined and discrete
26   conveyance, including, but not limited to, any pipe, ditch, channel,
27   tunnel, conduit, well, discrete fissure, container, rolling stock,
28   concentrated animal feeding operation or vessel, or other floating
29   craft, from which pollutants are or may be discharged.
30      (24) „Responsible party‟ means a person whose acts, errors,
31   omissions, decisions, or instructions to another causes or
32   contributes to the violation of a state or federal environmental law
33   or who is determined to be legally responsible or liable for any
34   pollution or damage to the environment, threat to public health, or
35   damage to public or private property.
36      (25) „Knowing‟ or „knowingly‟ means:
37        (a) with respect to his conduct, a person is aware of the
38   nature of his conduct;
39        (b) with respect to an existing circumstance, a person is
40   aware of the circumstance or believes the circumstance exists; or
41        (c) with respect to the result of his conduct, a person is
42   aware or believes that his conduct is substantially certain to cause
43   danger, dearth, or serious bodily injury to another.

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 1    (26) „Serious bodily injury‟ means:
 2      (a) bodily injury which involves a substantial risk of death;
 3      (b) unconsciousness;
 4      (c) extreme physical pain;
 5      (d) protracted and obvious disfigurement; or
 6      (e) protracted loss or impairment of the function of a bodily
 7   member, organ, or mental faculty.”
 8
 9   SECTION 17. Section 48-1-320 of the 1976 Code as amended
10   by Act 95 of 2001, is further amended to read:
11
12      “Section 48-1-320. A person who wilfully or with gross
13   negligence or recklessness violates a provision of this chapter or a
14   regulation, permit, permit condition, or final determination or order
15   of the department is guilty of a misdemeanor and, upon conviction,
16   must be fined not less than five hundred dollars or more than
17   twenty-five thousand dollars for each day‟s violation or be
18   imprisoned for not more than two years, or both. (A) If           the
19   department finds that a person is in violation of any permit,
20   regulation, standard, or requirement under this chapter, or finds
21   that a responsible party is causing or contributing to a violation of
22   any permit, regulation, standard, or requirement under this chapter,
23   the department may:
24         (1) administer all sanctions provided for violations of this
25   chapter;
26         (2) invoke civil penalties as provided in this section for
27   violations of the provisions of this chapter;
28         (3) issue a departmental order requiring the person or
29   responsible party to comply with the permit, regulation, standard,
30   or requirement;
31         (4) bring a civil action in a court of competent jurisdiction
32   for injunctive relief to prevent a violation of this chapter or any
33   order issued pursuant to this chapter, to enforce any departmental
34   order issued under this section, or for enforcement of the civil
35   penalties provided for in this chapter;
36         (5) refer the matter to the Attorney General for appropriate
37   civil and criminal enforcement action; or
38         (6) in cases involving a criminal violation of state or federal
39   environmental laws, refer any criminal matter to the appropriate
40   federal, state, or other law enforcement agencies or prosecutors for
41   investigation and prosecution according to law.



     [120]                            38
 1      Violation of any court order issued or obtained pursuant to this
 2   section is contempt of the court issuing the order and punishable as
 3   provided by law.
 4      (B) A person who violates any provision of this chapter, or a
 5   responsible party who causes or contributes to a violation of this
 6   chapter, is liable for a civil penalty not to exceed twenty-five
 7   thousand dollars each day of violation. A person against whom a
 8   civil penalty is invoked by the department may appeal the decision
 9   of the department to the Court of Common Pleas in Richland
10   County.
11      (C) Each day of noncompliance with any order issued pursuant
12   to this chapter, or noncompliance with any permit, regulation,
13   standard or requirement pursuant to this chapter is a separate
14   offense.
15      (D) The violations referred to in this section must be reported
16   by the department to the governing body of the county or
17   municipality concerned within twenty-four hours.
18      (E) Except as provided in this section, a person who violates
19   any provision of this chapter, or a responsible party who causes or
20   contributes to the violation of any provision of this chapter, is
21   guilty of a misdemeanor and upon conviction must be fined five
22   hundred dollars but not more than twenty-five thousand dollars
23   each day of violation or imprisoned for not more than two years, or
24   both. A person or responsible party who is convicted of a second
25   or subsequent offense punishable under this subsection must be
26   fined not more than fifty thousand dollars each day of violation, or
27   imprisoned not more than five years, or both.
28      (F) A person who knowingly violates any provision of this
29   chapter, or a responsible party who causes or contributes to the
30   violation of any provision of this chapter, is guilty of a felony and
31   upon conviction must be fined not more than fifty thousand dollars
32   each day of violation or imprisoned not more than ten years, or
33   both. A person or responsible party who is convicted of a second
34   or subsequent offense under this subsection must be fined not more
35   than fifty thousand dollars each day of violation or imprisoned not
36   more than ten years, or both. A person other than an individual,
37   and a responsible party other than an individual, who is convicted
38   of knowingly violating any provision of this chapter must be fined
39   not more than one million dollars for each violation.
40      (G) A criminal penalty imposed for a violation of any provision
41   of this chapter is in addition to, and not in lieu of, any civil or
42   administrative penalty or other sanction authorized by law.”
43

     [120]                            39
 1   SECTION 18. Section 48-1-340 of the 1976 Code is amended to
 2   read:
 3
 4      “Section 48-1-340. (A) Any A person or responsible party who
 5   knowingly makes, causes, or contributes to the making of any false
 6   statement, representation or certification in any application, record,
 7   report, plan or other document filed or required to be maintained
 8   under this chapter or who falsifies, tampers with or knowingly
 9   renders inaccurate any monitoring device or method required to be
10   maintained under this chapter, shall be is subject to the civil or and
11   criminal provisions contained in this chapter. provided by law.
12   For the purposes of this section the term “person” shall mean, in
13   addition to the definition contained in Section 48-1-10, any
14   responsible corporate officer.
15      (B) It is unlawful for a person to:
16        (1) omit material information or make any false material
17   statement or representation in any application, label, manifest,
18   record, report, permit, or other document filed, maintained, or used
19   for purposes of compliance with this chapter or regulations
20   promulgated for the enforcement of this chapter;
21        (2) destroy, alter, conceal, or fail to file any record,
22   application, manifest, report, or other document required to be
23   maintained or filed for purposes of compliance with this chapter or
24   regulations promulgated for the enforcement of this chapter;
25        (3) withhold information relating to a real and substantial
26   danger to the public health or safety if the information has been
27   requested by the department and is necessary or required to carry
28   out the department‟s responsibilities pursuant to this chapter in
29   response to a real and substantial danger;
30        (4) transport, treat, store, or dispose of pollution in violation
31   of this chapter or regulations promulgated pursuant to it; or
32        (5) violate any provision of this chapter or regulations
33   promulgated for the enforcement of this chapter if the violation
34   places another person in imminent danger of death or serious
35   bodily injury.”
36
37   SECTION 19. This act takes effect upon approval by the
38   Governor.
39                         ----XX----
40




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