(A) Except as provided in Section 44-1-151, a person who after notice violates, disobeys, or refuses, omits, or neglects to comply with a regulation of the Department of Health and Environmental Control, made by the department pursuant to Section 44-1-140, is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for thirty days.
(B) A person who after notice violates a rule, regulation, permit, permit condition, final determination, or order of the department issued pursuant to Section 44-1-140 is subject to a civil penalty not to exceed one thousand dollars a day for each violation.
(C) Fines collected pursuant to subsection (B) must be remitted by the department to the State Treasurer for deposit in the state general fund.
(D) The term "notice" as used in this section means either actual notice or constructive notice.
(E) This section does not apply to fines levied under Section 44-1-140(8) or any other areas regulated by the South Carolina Occupational Health and Safety Act, Section 41-12-10 et seq.
HISTORY: 1962 Code Section 32-17; 1952 Code Section 32-17; 1942 Code Section 5002-1; 1932 Code Section 5003; Civ. C. '22 Section 2314; Cr. C. '22 Section 395; 1912 (27) 744; 1977 Act No. 148 Section 1; 1983 Act No. 144 Section 1; 2006 Act No. 364, Section 1, eff June 9, 2006.
Structure South Carolina Code of Laws
Chapter 1 - Department Of Health And Environmental Control
Section 44-1-30. Meetings of Board; compensation of members.
Section 44-1-40. Selection, term,and salary of director.
Section 44-1-50. Administrative reviews; power to organize department.
Section 44-1-60. Appeals from department decisions giving rise to contested case; procedures.
Section 44-1-65. Appeals of department permitting decisions for animal facilities; procedures.
Section 44-1-70. Rules and regulations of board must be approved by General Assembly.
Section 44-1-80. Duties and powers of board as to communicable or epidemic diseases.
Section 44-1-90. Board shall advise municipal and county authorities.
Section 44-1-100. Assistance from peace and health officers.
Section 44-1-110. Duties of department in regard to public health, in general.
Section 44-1-130. Department may establish health districts and district advisory boards of health.
Section 44-1-140. Department may promulgate and enforce rules and regulations for public health.
Section 44-1-143. Requirements for home-based food production operations.
Section 44-1-145. Minimum cooking temperature for ground beef; exceptions.
Section 44-1-150. Penalty for violating rules of department.
Section 44-1-151. Penalties for violations involving shellfish.
Section 44-1-160. Prosecution of nuisance not affected by rule-making power of department.
Section 44-1-170. Department shall supervise local boards of health.
Section 44-1-180. Department may establish charges for health care.
Section 44-1-200. Department may provide home health services.
Section 44-1-210. Disposition of moneys collected.
Section 44-1-215. Retaining certain funds.
Section 44-1-280. Coordination with First Steps to School Readiness initiative.
Section 44-1-290. Supplier of effluent for irrigation as public utility.
Section 44-1-310. Maternal Morbidity and Mortality Review Committee.
Section 44-1-315. Environmental permits and permittees; boundary clarification.