H*3927(Rat #0601, Act #0515 of 1986)  General Bill, By M.O. Alexander, 
D. Blackwell, P.T. Bradley, T.A. Brett, Fair, J.G. Mattos, C.H. Rice, 
S.V. Shelton and Wilkins

Similar(S 1333)
 A Bill 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.-amended title

   05/20/86  House  Introduced and read first time HJ-3130
   05/20/86  House  Referred to Committee on Judiciary HJ-3131
   05/22/86  House  Recalled from Committee on Judiciary HJ-3230
   05/22/86  House  Read second time HJ-3266
   05/23/86  House  Read third time and sent to Senate HJ-3298
   05/24/86  Senate Introduced and read first time SJ-3155
   05/24/86  Senate Referred to Committee on Medical Affairs SJ-3155
   05/28/86  Senate Committee report: Favorable Medical Affairs SJ-3318
   05/29/86  Senate Read second time SJ-3399
   05/29/86  Senate Ordered to third reading with notice of
                     amendments SJ-3399
   06/03/86  Senate Amended SJ-3513
   06/03/86  Senate  Read third time SJ-3514
   06/03/86  Senate Returned SJ-3514
   06/04/86  House  Concurred in Senate amendment and enrolled HJ-3624
   06/05/86         Ratified R 601
   06/11/86         Signed By Governor
   06/11/86         Effective date 06/11/86
   06/11/86         Act No. 515
   06/20/86         Copies available

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.