South Carolina Code 44-96-100. Violations of certain regulations; issuance of order for compliance or civil action for injunctive relief; wilful violations; penalty; additional powers and duties of department
(B) A person who wilfully or with gross negligence or recklessness violates a permit, permit condition, or final determination or order of the department, or a regulation promulgated pursuant to this article regarding Sections 44-96-160(X), 44-96-170(H), or 44-96-190(A) 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 a fine not to exceed twenty-five thousand dollars for each day of violation or imprisonment not to exceed two years, or both. The provisions of the subsection do not apply to officials and employees of a local government owning or operating, or both, a municipal solid waste management facility or to officials and employees of a region, comprised of local governments, owning or operating, or both, a regional municipal solid waste management facility.
Terms Used In South Carolina Code 44-96-100
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 44-96-40
- Facility: means all contiguous land, structures, other appurtenances and improvements on the land used for treating, storing, or disposing of solid waste. See South Carolina Code 44-96-40
- Local government: means a county, any municipality located wholly or partly within the county, and any other political subdivision located wholly or partly within the county when such political subdivision provides solid waste management services. See South Carolina Code 44-96-40
- Person: means an individual, corporation, company, association, partnership, unit of local government, state agency, federal agency, or other legal entity. See South Carolina Code 44-96-40
- Recycling: means any process by which materials which would otherwise become solid waste are collected, separated, or processed and reused or returned to use in the form of raw materials or products (including composting). See South Carolina Code 44-96-40
- Region: means a group of counties in South Carolina which is planning to or has prepared, approved, and submitted a regional solid waste management plan to the department pursuant to § 44-96-80. See South Carolina Code 44-96-40
- Solid waste: means any garbage, refuse, or sludge from a waste treatment facility, water supply plant, or air pollution control facility and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations and from community activities. See South Carolina Code 44-96-40
- Solid waste management: means the systematic control of the generation, collection, source separation, storage, transportation, treatment, recovery, and disposal of solid waste. See South Carolina Code 44-96-40
- State solid waste management plan: means the plan which the Department of Health and Environmental Control is required to submit to the General Assembly and to the Governor pursuant to § 44-96-60. See South Carolina Code 44-96-40
(C) Each day of noncompliance with an order issued pursuant to this section or noncompliance with a permit, regulation, standard, order, or requirement established under Sections 44-96-160, 44-96-170, or 44-96-190 constitutes a separate offense.
(D) In addition to the other powers and duties set forth in this article, the department shall:
(1) establish such programs and promulgate such regulations as are necessary to implement the state solid waste management plan;
(2) establish such programs and promulgate such regulations as are necessary to implement the provisions of this article;
(3) provide to local governments, upon request, planning and technical assistance in preparing and implementing their solid waste management plans;
(4) provide to state agencies, upon request, planning and technical assistance in carrying out their responsibilities under this article;
(5) cooperate and coordinate with federal agencies in carrying out federal and state solid waste management requirements, including seeking available federal grants and loans for solid waste management plans and activities in this State;
(6) cooperate and coordinate with private organizations and with business and industry in implementing the requirements of this article;
(7) encourage counties to pursue a regional approach to solid waste management within a common geographical area;
(8) contract as needed with private entities or with state-supported educational institutions to carry out the department’s responsibilities under this article, and contract with private entities or with state-owned educational institutions to conduct research on solid waste management technologies;
(9) receive appropriated funds and receive and administer grants or other funds or gifts from public or private entities, including the state and the federal government, to carry out the requirements of this article; and
(10) increase public awareness of solid waste management issues through appropriate statewide educational programs on recycling, volume reduction, litter control, proper methods of managing solid waste, and other related issues.