(A) Whenever the department finds that a person is in violation of a permit, regulation, standard, or requirement under this chapter, the department may issue an order requiring the person to comply with the permit, regulation, standard, or requirement or the department may bring civil action for injunctive relief in the appropriate court; or, the department may request that the Attorney General bring civil or criminal enforcement action under subsection (B) or (C) of this section. Violation of a court order issued pursuant to this section is contempt of the issuing court and punishable as provided by law. The department also may invoke civil penalties as provided in this section for violations of the provisions of this chapter, including an order, permit, regulation, or standard. After exhaustion of administrative remedies, a person against whom a civil penalty is invoked by the department may appeal the decision of the department or board to the Court of Common Pleas.
(B) A person who violates a provision of Section 44-93-140 is liable for a civil penalty not to exceed ten thousand dollars a day of violation.
(C) A person who wilfully violates a provision of Section 44-93-140 is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars for each day of violation or imprisoned for not more than one year, or both. If the conviction is for a second or subsequent offense, the punishment must be by a fine not to exceed twenty-five thousand dollars for each day of violation or imprisonment not to exceed two years, or both.
(D) Each day of noncompliance with an order issued pursuant to this chapter or noncompliance with a permit, regulation, standard, or requirement pursuant to this chapter constitutes a separate offense.
HISTORY: 1989 Act No. 134, Section 1.
Structure South Carolina Code of Laws
Chapter 93 - Infectious Waste Management
Section 44-93-10. Short title.
Section 44-93-20. Definitions.
Section 44-93-30. Regulations, procedures, and standards.
Section 44-93-50. Powers of commissioner.
Section 44-93-60. Storage of infectious waste.
Section 44-93-70. Transportation of infectious waste.
Section 44-93-80. Treatment and disposal of infectious waste.
Section 44-93-100. Generators exempt from provisions of chapter.
Section 44-93-120. Permit requirements.
Section 44-93-125. Permit to expand or construct facility; exceptions.
Section 44-93-140. Unlawful to fail to comply with statute or regulations.
Section 44-93-150. Enforcement; penalties.
Section 44-93-160. Fees on commercial treatment of infectious waste; reports; penalties.
Section 44-93-165. Infectious Waste Program Fund; establishment; funding.
Section 44-93-170. Infectious Waste Contingency Fund.
Section 44-93-180. Inspection of treatment facilities; fees.
Section 44-93-190. Chapter inapplicable to treatment or disposal of hazardous waste.
Section 44-93-230. Construction of infectious waste provisions.