South Carolina General Assembly
106th Session, 1985-1986

Bill 3927

                    Current Status

Bill Number:               3927
Ratification Number:       601
Act Number:                515
Introducing Body:          House
Subject:                   To provide for the imposition of a civil
                           penalty by political subdivisions for
                           violations of ordinances or regulations of
                           these subdivisions as required by state or
                           federal law which relate to water or
                           wastewater facilities
View additional legislative information at the LPITS web site.

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A515, R601, H3927)

AN ACT TO AMEND CHAPTER 11 OF TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS, BY ADDING SECTION 6-11-285 SO AS TO PROVIDE FOR THE IMPOSITION OF A CIVIL PENALTY BY POLITICAL SUBDIVISIONS FOR VIOLATIONS OF ORDINANCES OR REGULATIONS OF THESE SUBDIVISIONS AS REQUIRED BY STATE OR FEDERAL LAW WHICH RELATE TO WATER OR WASTEWATER FACILITIES; TO PROVIDE A HEARING PROCEDURE AND REQUIRE THAT ALL APPEALS FROM THE HEARING OFFICER MUST BE HEARD IN THE COURT OF COMMON PLEAS IN THE COUNTY IN WHICH THE POLITICAL SUBDIVISION IS LOCATED.

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

Definitions; political subdivisions; penalties

SECTION 1. Chapter 11 of Title 6 of the 1976 Code is amended by adding:

"Section 6-11-285. (A) For purpose of this section:

(1) 'Political subdivision' means any municipality, county, public service district, special service district, or other public entity charged with the operation and maintenance of wastewater plants or treatment facilities, water treatment facilities, or with the operation and management of any water distribution system;

(2) 'Person' means a person as defined in item (1) of Section 48-1-10.

(B) Any person violating any ordinance or regulation of a political subdivision or any permit, permit condition, or final determination of any political subdivision as required by state or federal law is subject to a civil penalty not to exceed two thousand dollars for each day of violation.

(C) Any political subdivision, prior to the imposition of any civil penalty, shall issue a rule to show cause requiring the person to appear and show cause why civil penalties should not be imposed and specifying which violations are charged. A hearing upon the rule must be held before a hearing officer designated by the governing body of the political subdivision.

(D) All penalties assessed under the provisions of this section must be held as debt and payable to the political subdivision by the person against whom they have been charged and shall constitute a lien against the property of the person.

(E) The hearing procedure required under the provisions of this section must be in accordance, as practicably possible, with that procedure as prescribed by Regulation 61-72 of the Department of Health and Environmental Control.

(F) All appeals from the decision of the hearing officer under the provisions of this section must be heard in the court of common pleas in the county in which the political subdivision is located."

Time effective

SECTION 2. This act shall take effect upon approval by the Governor.