South Carolina General Assembly
115th Session, 2003-2004

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S. 120

STATUS INFORMATION

General Bill
Sponsors: Senator Knotts
Document Path: l:\council\bills\nbd\11032ac03.doc

Introduced in the Senate on January 14, 2003
Currently residing in the Senate Committee on Judiciary

Summary: Omnibus Environmental Penalties Act

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/18/2002  Senate  Prefiled
  12/18/2002  Senate  Referred to Committee on Judiciary
   1/14/2003  Senate  Introduced and read first time SJ-66
   1/14/2003  Senate  Referred to Committee on Judiciary SJ-66

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/18/2002

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

A BILL

TO ENACT THE "SOUTH CAROLINA OMNIBUS ENVIRONMENTAL PENALTIES ACT" INCLUDING PROVISIONS TO AMEND SECTION 11-35-4220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEBARMENT OR SUSPENSION FROM CONSIDERATION FOR AWARD OF CONTRACTS UNDER THE PROCUREMENT CODE, SO AS TO PROVIDE THAT A CONVICTION FOR A CRIMINAL VIOLATION OF AN ENVIRONMENTAL LAW IS CAUSE FOR DEBARMENT OR SUSPENSION; TO AMEND SECTION 16-11-700, AS AMENDED, RELATING TO THE OFFENSE OF LITTERING, SO AS TO DISTINGUISH LITTERING FOR COMMERCIAL AND NONCOMMERCIAL PURPOSES AND TO INCREASE PENALTIES FOR CERTAIN VIOLATIONS; TO AMEND CHAPTER 11, TITLE 16 BY ADDING SECTION 16-11-705 SO AS TO PROVIDE THAT VIOLATION OF A FEDERAL ENVIRONMENTAL LAW IS ALSO A VIOLATION OF A LIKE OFFENSE IN THIS STATE AND TO PROVIDE EXCEPTIONS AND PENALTIES; TO AMEND CHAPTER 1, TITLE 44, BY ADDING SECTION 44-1-115 SO AS TO FURTHER PROVIDE FOR THE DUTIES OF THE BOARD OF HEALTH AND ENVIRONMENTAL CONTROL IN CONNECTION WITH HOLDING RESPONSIBLE PERSONS ACCOUNTABLE FOR ENVIRONMENTAL POLLUTION AND TO PROVIDE FOR INVESTIGATIONS OF PERSONS APPLYING FOR OR HOLDING PERMITS ISSUED UNDER CERTAIN ENVIRONMENTAL PROTECTION LAWS OF THIS STATE; TO AMEND CHAPTER 1, TITLE 44, BY ADDING SECTION 44-1-290 SO AS TO REQUIRE THE DEPARTMENT SHALL INVESTIGATE AND MAINTAIN A COMPLETE RECORD OF CIVIL AND CRIMINAL ENVIRONMENTAL LAW VIOLATIONS AND SHALL PUBLISH AN INDEX OF THESE VIOLATIONS AND TO REQUIRE THE ATTORNEY GENERAL TO FURNISH CERTAIN INFORMATION TO THE DEPARTMENT; TO AMEND SECTION 44-55-20, RELATING TO DEFINITIONS USED IN THE SAFE DRINKING WATER ACT, BY REVISING THE DEFINITION OF "PERSON" AND BY ADDING DEFINITIONS FOR "KNOWING" OR "KNOWINGLY", "RESPONSIBLE PARTY", AND "SERIOUS BODILY INJURY"; TO AMEND SECTIONS 44-55-80 AND 44-55-90, RELATING TO UNLAWFUL ACTS AND PENALTIES UNDER THE SAFE DRINKING WATER ACT, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO MAKE FALSE MATERIAL STATEMENTS, TO DESTROY, ALTER, OR CONCEAL CERTAIN RECORDS, TO WITHHOLD CERTAIN INFORMATION RELATING TO DANGER TO THE PUBLIC HEALTH OR SAFETY, TO TRANSPORT, TREAT, STORE, OR DISPOSE OF CERTAIN POLLUTANTS, OR TO PLACE ANOTHER PERSON IN IMMINENT DANGER OR DEATH OR SERIOUS BODILY INJURY BY A VIOLATION OF THE ACT AND TO REVISE THE PENALTIES, CHANGE THE CLASSIFICATION OF CERTAIN VIOLATIONS FROM MISDEMEANOR TO FELONY VIOLATIONS AND TO ESTABLISH THE OFFENSE OF KNOWING ENDANGERMENT; TO AMEND SECTION 44-56-20, RELATING TO DEFINITIONS USED IN THE HAZARDOUS WASTE MANAGEMENT ACT, BY ADDING DEFINITIONS OF "KNOWING" AND "KNOWINGLY", "PERSON", "RESPONSIBLE PARTY", AND "SERIOUS BODILY INJURY"; TO AMEND SECTIONS 44-56-130 AND 44-56-140 RELATING TO UNLAWFUL ACTS TO AND PENALTIES UNDER THE HAZARDOUS WASTE MANAGEMENT ACT, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO MAKE FALSE MATERIAL STATEMENTS, TO DESTROY, ALTER, OR CONCEAL CERTAIN RECORDS, TO WITHHOLD CERTAIN INFORMATION RELATING TO DANGER TO THE PUBLIC HEALTH OR SAFETY, TO TRANSPORT, TREAT, STORE, OR DISPOSE OF CERTAIN POLLUTANTS, OR TO PLACE ANOTHER PERSON IN IMMINENT DANGER OR DEATH OR SERIOUS BODILY INJURY BY A VIOLATION OF THE ACT AND TO REVISE METHODS FOR INVOKING CIVIL PENALTIES, TO REVISE PENALTIES FOR MISDEMEANOR VIOLATIONS, TO PROVIDE THAT CERTAIN KNOWING VIOLATIONS OF THE ACT ARE A FELONY, AND TO PROVIDE PENALTIES FOR NEW OFFENSES ESTABLISHED; TO AMEND SECTION 44-93-20, RELATING TO DEFINITIONS USED IN THE INFECTIOUS WASTE MANAGEMENT ACT, BY AMENDING THE DEFINITION OF "PERSON" AND BY ADDING DEFINITIONS FOR "KNOWING" OR "KNOWINGLY", "RESPONSIBLE PARTY", AND "SERIOUS BODILY INJURY"; TO AMEND SECTIONS 44-93-140 AND 44-93-150 RELATING TO UNLAWFUL ACTS AND TO PENALTIES UNDER THE INFECTIOUS WASTE MANAGEMENT ACT, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO MAKE FALSE MATERIAL STATEMENTS, TO DESTROY, ALTER, OR CONCEAL CERTAIN RECORDS, TO WITHHOLD CERTAIN INFORMATION RELATING TO DANGER TO THE PUBLIC HEALTH OR SAFETY, TO TRANSPORT, TREAT, STORE, OR DISPOSE OF INFECTIOUS WASTE, OR TO PLACE ANOTHER PERSON IN IMMINENT DANGER OR DEATH OR SERIOUS BODILY INJURY BY A VIOLATION OF THE ACT; AND TO PROVIDE FOR CIVIL ENFORCEMENT REMEDIES, REVISE THE CRIMINAL PENALTIES, CHANGE THE CLASSIFICATION OF CERTAIN VIOLATIONS FROM MISDEMEANOR TO FELONY VIOLATIONS, AND TO PROVIDE PENALTIES FOR THE OFFENSE OF KNOWING ENDANGERMENT; TO AMEND SECTION 48-1-10, RELATING TO DEFINITIONS USED IN THE POLLUTION CONTROL ACT, BY AMENDING THE DEFINITION OF "PERSON" AND BY ADDING DEFINITIONS FOR "KNOWING" OR "KNOWINGLY", "RESPONSIBLE PARTY", AND "SERIOUS BODILY INJURY"; TO AMEND SECTION 48-1-320, AS AMENDED, RELATING TO PENALTIES PERTAINING TO THE POLLUTION CONTROL ACT, SO AS TO REVISE METHODS FOR INVOKING CIVIL PENALTIES, TO REVISE PENALTIES FOR MISDEMEANOR VIOLATIONS, TO PROVIDE THAT A KNOWING VIOLATION OF THE ACT THAT ENDANGERS ANOTHER IS A FELONY, AND TO PROVIDE PENALTIES FOR THE OFFENSES OF KNOWINGLY WITHHOLDING OR DESTROYING CERTAIN INFORMATION, MAKING FALSE STATEMENTS, OR ALTERING RECORDS AND FOR THE FELONY OFFENSE OF KNOWING ENDANGERMENT; AND TO AMEND SECTION 48-1-340, RELATING TO FALSE STATEMENTS AND REPRESENTATIONS AND TO TAMPERING WITH MONITORING DEVICES AND METHODS, SO AS TO DELETE CERTAIN OBSOLETE LANGUAGE AND PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO MAKE FALSE MATERIAL STATEMENTS, TO DESTROY, ALTER, OR CONCEAL CERTAIN RECORDS, TO WITHHOLD CERTAIN INFORMATION RELATING TO DANGER TO THE PUBLIC HEALTH OR SAFETY, TO TRANSPORT, TREAT, STORE, OR DISPOSE OF INFECTIOUS WASTE, OR TO PLACE ANOTHER PERSON IN IMMINENT DANGER OR DEATH OR SERIOUS BODILY INJURY BY A VIOLATION OF THE POLLUTION CONTROL ACT.

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

SECTION    1.    This act may be cited as the "Omnibus Environmental Penalties Act".

SECTION    2.    Section 11-35-4220(2) of the 1976 Code, as last amended by Act 178 of 1993, is further amended to read:

"(2)    Causes for Debarment or Suspension. The causes for debarment or suspension shall include, but are not be limited to, the following:

(a)    conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such the contract or subcontract;

(b)    conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or professional honesty which currently, seriously, and directly affects responsibility as a state contractor;

(c)    conviction under state or federal antitrust laws arising out of the submission of bids or proposals;

(d)    violation of contract provisions, as set forth below, of a character which is regarded by the appropriate chief procurement officer to be so serious as to justify debarment action:

( i)    deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or

(ii)    a recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts; provided, that. However, the failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall may not be considered to be a basis for debarment;

(e)    violation of an order of the Procurement Review Panel; and

(f)    conviction for a violation of an environmental protection law of this State or any other state or territory, or of a federal environmental protection law; and

(f)(g)    any other cause the appropriate chief procurement officer determines to be so serious and compelling as to affect responsibility as a state contractor, including debarment by another governmental entity for any cause listed herein in this section."

SECTION    3.    Section 16-11-700 of the 1976 Code, as last amended by Act 387 of 2000, is further amended to read:

"Section 16-11-700.    (A)    No A person may not dump, throw, drop, deposit, discard, or otherwise dispose of litter or other solid waste, as defined by Section 44-96-40(46), upon any public or private property or waters in the State whether from a vehicle or otherwise including, but not limited to, a public highway, public park, beach, campground, forest land, recreational area, trailer park, highway, road, street, or alley except:

(1)    when if the property is designated by the State for the disposal of litter and other solid waste and the person is authorized to use the property for that purpose;

(2)    into a litter receptacle in a manner that the litter is prevented from being carried away or deposited by the elements upon a part of the private or public property or waters.

(B)    Responsibility for the removal of litter from property or receptacles is upon the person convicted under this section of littering the property or receptacles. However, if there is no conviction, the responsibility is upon the owner of the property or upon the owner of the property where the receptacle is located.

(C)(1)    A person who violates the provisions of this section in an amount less than fifteen pounds in weight or twenty-seven cubic feet in volume, for a purpose other than a commercial purpose, is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned for not more than thirty days for a first or second conviction, or fined five hundred dollars or imprisoned for not more than thirty days for a third or subsequent conviction. In addition to the fine or term of imprisonment, the court must also impose fifteen hours of litter- gathering labor for a first conviction, thirty hours of litter-gathering labor for a second conviction, and 100 hours of litter-gathering labor for a third or subsequent conviction, or other form of public service as the court may order because of physical or other incapacities, and which is under the supervision of the court.

(2)    The fine for a deposit of a collection of litter or garbage in an area or facility not intended for public deposit of litter or garbage is one thousand dollars. The provisions of this item apply to a deposit of litter or garbage, as defined in Section 44-67-30(4), in an area or facility not intended for public deposit of litter or garbage, but this does not prohibit a private property owner from depositing litter or garbage as a property enhancement if the depositing does not violate applicable local or state health and safety regulations. In addition to a fine and for each offense under the provisions of this item the court shall also impose a minimum of five hours of litter-gathering labor or other form of public service as the court may order because of physical or other incapacities, and which is under the supervision of the court.

(3)    The court, in lieu of payment of the monetary fine imposed for a violation of this section, may direct the substitution of additional litter- gathering labor or other form of public service as it may order because of physical or other incapacities, under the supervision of the court, not to exceed one hour for each five dollars of fine imposed.

(4)    In addition to any other punishment authorized by this section, in the discretion of the court in which conviction is obtained, the person may be directed by the judge to pick up and remove from any public place or any private property, with prior permission of the legal owner upon which it is established by competent evidence that the person has deposited litter, all litter deposited on the place or property by anyone before the date of execution of sentence.

(5)    Magistrates and municipal courts have jurisdiction to try violations of subsections (A), (B), (C), and (D) of this section.

(D)    Any a person who violates the provisions of this section in an amount exceeding fifteen pounds in weight or twenty-seven cubic feet in volume, but not exceeding five hundred pounds or one hundred cubic feet, for a purpose other than a commercial purpose, is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than ninety days. In addition, the court shall require the violator to pick up litter or perform other community service commensurate with the offense committed.

(E)(1) Any A person who violates the provisions of this section in an amount exceeding five hundred pounds in weight or one hundred cubic feet in volume, or in any quantity for a commercial purpose, is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than one thousand dollars, or imprisoned not more than one year five years, or both. In addition, the court may order the violator to:

(a)    remove or render harmless the litter that he dumped in violation of this subsection;

(b)    repair or restore property damaged by, or pay damages for damage arising out of, his dumping litter in violation of this subsection; or

(c)    perform community public service relating to the removal of litter dumped in violation of this subsection or relating to the restoration of an area polluted by litter dumped in violation of this subsection.

(2)    A court may enjoin a violation of this subsection.

(3)    A motor vehicle, vessel, aircraft, container, crane, winch, or machine involved in the disposal of more than five hundred pounds in weight or more than one hundred cubic feet in volume of litter in violation of this subsection is declared contraband and is subject to seizure and summary forfeiture to the State.

(4)    If a person sustains damages arising out of a violation of this subsection that is punishable as a felony, a court, in a civil action for such damages, shall order the person to pay the injured party threefold the actual damages or two hundred dollars, whichever amount is greater. In addition, the court shall order the person to pay the injured party's court costs and attorney's fees.

(5)    No part of a fine imposed pursuant to this section may be suspended.

(6)    For purposes of this subsection 'commercial purpose' means for the purpose of economic gain, and 'commercial vehicle' means a vehicle owned or used by a person or any other legal entity for a commercial purpose. It is permissible to infer that a person who dumps litter from a commercial vehicle dumped the litter for a commercial purpose.

(F)    For purposes of the offenses established by this section, litter includes cigarettes and cigarette filters.

(G)    For a second and subsequent conviction for a violation of this section, the maximum fines, terms of litter pickup or community service, and terms of imprisonment are doubled."

SECTION 4.    Chapter 11, Title 16 of the 1976 Code is amended by adding:

"Section 16-11-705.    (A)    For purposes of this section:

(1)    'Environmental law' means any provision of a federal environmental law or a state environmental law.

(2)    'Federal environmental law' means any provision of:

(a)    the Federal Insecticide, Fungicide and Rodentcide Act (FIFRA), 7 United States Code, Sections 136 through 136y;

(b)    the Energy Supply and Environmental Coordination Act, 15 United States Code, Sections 791 through 798;

(c)    the Toxic Substances Control Act (TSCA), 15 United States Code, Sections 2601 through-2671;

(d)    the acts relating to Protection of Navigable Waters and Harbor and River Improvements Generally, 33 United States Code, Sections 401 through 467;

(e)    the Federal Water Pollution Control Act, also known as the Clean Water Act, 33 United States Code, Sections 1251 through 1387;

(f)    the Marine Protection Research and Sanctuaries Act, also known as the Ocean Dumping Act, 33 United States Code, Sections 1401 through 1445;

(g)    the Deepwater Port Act, 33 United States Code, Sections 1501 through 1524;

(h)    the Act to Prevent Pollution from Ships, 33 United States Code, Sections 1901 through 1912;

( i)    the Safe Drinking Water Act, 42 United States Code, Sections 300f through 300j-26;

( j)    the Atomic Energy Act, 42 United States Code, Sections 2011 through 2296;

(k)    the Noise Control Act, 42 United States Code, Sections 4901 through 4918;

( l)    the Resource Conservation And Recovery Act (RCRA), 42 United States Code, Sections 6901 through 6992;

(m)    the Clean Air Act (CAA), 42 United States Code, Sections 7401 through 7671;

(n)    the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 United States Code, Sections 9601 through 9675;

(o)    the Emergency Planning And Community Right To Know Act (EPCRKA), 42 United States Code, Sections 11001 through 11050;

(p)    the Outer Continental Shelf Lands Act, 43 United States Code, Sections 1331 through 1356;

(q)    the Hazardous Material Transportation Act (HMTA), 49 United States Code, Sections 1801 through 1819 and 49 App. Sections 1801 through 1819; or

(r)    any other federal statute or regulation, or any other rule, standard, or law established or adopted by federal law, that is intended to protect or manage the environment, control or manage waste or hazardous waste, or prevent air, water, land or environmental pollution.

(3)    'Knowing' or 'knowingly' means:

(a)    with respect to his conduct, a person is aware of the nature of his conduct;

(b)    with respect to an existing circumstance, a person is aware of the circumstance or believes the circumstance exists; or

(c)    with respect to the result of his conduct, a person is aware or believes that his conduct is substantially certain to cause danger, death, or serious bodily injury to another.

(4)    'Person' means an individual or natural person, a trust, joint stock company, a federal agency, a corporation including a government corporation, a partnership, an association, a state, a county, a municipality, a governing board or commission, a political subdivision of a state, an interstate body, or any other discernable legal entity however named, known, or denominated, and includes the directors, officers, agents, and employees of trusts, joint stock companies, federal agencies, corporations including government corporations, partnerships, associations, states, counties, municipalities, governing boards or commissions, political subdivisions of a state, an interstate body, or of any other discernable legal entity.

(5)    'Responsible party' means a person whose acts, errors, omissions, decisions, or instructions to another causes or contributes to the violation of a state or federal environmental law or who is determined to be legally responsible or liable for any pollution or damage to the environment, threat to public health, or damage to public or private property.

(6)    'Serious bodily injury' means:

(a)    bodily injury which involves a substantial risk of death;

(b)    unconsciousness;

(c)    extreme physical pain;

(d)    protracted and obvious disfigurement; or

(e)    protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

(7)    'State environmental law' means any provision of Chapter 7 of Title 13, Chapters 2, 55, 56, 93 and 96 of Title 44, Chapter 20 of Title 47, Chapters 1, 14, 18, 20, 39, 43, and 46 of Title 48, and Chapter 11 of Title 49 and any other state statute or regulation, or any other rule, standard, or law established or adopted by state law that is intended to protect or manage the environment, control or manage hazardous waste or any other kind of waste, or to prevent air, water, land or environmental pollution.

(B)    A person whose acts or omissions in this State violate a federal environmental law in this State or elsewhere, or a responsible party whose acts or omissions in this State causes or contributes to a violation of a federal environmental law in this State or elsewhere, is guilty of a like offense in this State and, upon conviction, is subject to a like punishment as that provided in the federal environmental law even though the acts and omissions in this State giving rise to the violation of the federal environmental law are not made punishable under the law of this State. As used in this subsection, 'federal environmental law' means federal environmental law defined in subsection (A), as amended, through December 31, 2000, including effective date provisions contained in the federal environmental law which is adopted as the law of this State by this section.

(C)    Except as provided in this section:

(1)    A person who negligently violates any provision of an environmental law whose acts or omissions in violation of an environmental law does not cause or contribute to contamination, pollution, or harm to the environment of this State or cause serious bodily injury to any person, is guilty of a misdemeanor and, upon conviction, must be fined, imprisoned, or punished by the greater of:

(a)    the criminal penalties provided for violations of the environmental law the person violated; or

(b)    a fine of not less than five hundred dollars or more than twenty-five thousand dollars, or imprisonment for not more than five years, or both.

(2)    A person who violates any provision of an environmental law whose acts or omissions in violation of an environmental law causes or contributes to contamination, pollution, or harm to the environment of this State or causes or contributes to serious bodily injury to one or more persons or harm to domestic animals, wildlife, fish, birds, or plants in this State is guilty of a felony and, upon conviction, must be fined, imprisoned, or punished by the greater of:

(a)    the criminal penalties provided in the environmental law the person violated; or

(b)    a fine of not less than ten thousand dollars or more than one hundred thousand dollars, or imprisonment for not more than fifteen years, or both.

Simple negligence in connection with the violation of an environmental law is sufficient to justify prosecution and sustain a conviction under this item.

(3)    A person who knowingly, intentionally, or recklessly violates any provision of an environmental law or whose acts or omissions in violation of an environmental law causes or contributes to contamination, pollution, or harm to the environment of this State or causes or contributes to serious bodily injury or death to one or more persons or harm to domestic animals, wildlife, fish, birds, or plants in this State is guilty of a felony and, upon conviction, must be fined, imprisoned, or punished by the greater of:

(a)    the criminal penalties provided in the environmental law the person violated; or

(b)    by a fine of not less than twenty thousand dollars or more than one hundred fifty thousand dollars, or imprisonment for not more than thirty years, or both.

(4)    A person other than an individual, and a responsible party other than an individual, who is convicted under this section of knowingly violating of any provision of an environmental law must be punished by the greater of:

(a)    the criminal penalties provided in the environmental law the person or responsible party violated; or

(b)    a fine of not more than one million dollars for each violation.

(5)    A criminal penalty imposed under this section is in addition to, and not in lieu of, any civil or administrative penalty or other sanction authorized by law."

SECTION    5.    Chapter 1, Title 44 of the 1976 Code is amended by adding:

"Section 44-1-115.    (A)    The Board of Health and Environmental Control, acting through the Department of Health and Environmental Control, its agents, attorneys, and employees, and in cooperation with federal, state, and local environmental, investigative, and law enforcement agencies, must investigate all causes of environmental pollution in this State and hold individuals, persons, and responsible parties accountable for environmental pollution under the law. The board, acting through the department, must enforce or prescribe preventive measures needed to suppress and prevent environmental pollution in this State by programs designed to educate and assist the agricultural and fishing interests, business, commercial, and industrial interests, the general public, and all other interests that have the capacity to adversely impact the environment in the proper use and disposal of any chemical, waste, or any other matter that has the capacity of polluting the environment, by strict enforcement of all state and federal environmental protection laws, and by other measures of prevention, as may be necessary to protect the environment and citizens of this State from pollution and harm from pollution.

(B)    The department or its designated agents must conduct an investigation of all persons holding or applying for a permit under Chapter 7 of Title 13, Chapter 2, 55, 56, 93, or 96 of Title 44, Chapter 20 of Title 47, Chapter 1, 14, 18, 20, 39, 43, or 46 of Title 48, or Chapter 11 of Title 49 or any other state or federal environmental law administered or enforced by the board or the Department of Health and Environmental Control. The department is authorized and must require all applicants for permits to submit, at the time of application, a complete environmental compliance history disclosure on a form prepared by the department. In addition, whenever the department has reasonable cause to believe that an applicant or person holding a permit under Chapter 7 of Title 13, Chapter 2, 55, 56, 93, or 96 of Title 44, Chapter 20 of Title 47, Chapter 1, 14, 18, 20, 39, 43, or 46 of Title 48, Chapter 11 of Title 49 or any other state or federal environmental law administered or enforced by the board or the department, or to discharge pollutants, who has less than three years of environmental law compliance history in this State is not in compliance with environmental laws, permits, or permit conditions, then, the department or its designated agents, attorneys, or employees, are authorized to require the applicant or person holding a permit to submit a new or updated environmental compliance history disclosure form prepared by the department.

(C)    The form prepared by the department must include a statement to the effect that neither the applicant nor, in the case of a corporation or partnership, an officer, department, manager, partner, or shareholder of five percent or more of the stock or financial interest in such corporation or partnership has been convicted of a felony or been adjudicated in contempt of court as described in this subsection. The form must also require a listing of the names, social security numbers, taxpayer identification numbers, and business addresses of the applicant or, in the case of a corporation or partnership, its officers, departments, managers, partners, or shareholders of five percent or more of the stock or financial interest in such corporation or partnership, along with a description of any offenses identified by this subsection. All information requested on the form must be furnished by the applicant or person reported on as a condition precedent to issuing any permit. All information submitted on the form must be sworn to and submitted by the individual or person reported on under oath. A person submitting any material information that is false, fraudulent, incomplete, or misleading is subject to prosecution and punishment for perjury.

(D)    The department may refuse to issue permits under Chapter 7 of Title 13, Chapter 2, 55, 56, 93, or 96 of Title 44, Chapter 20 of Title 47, Chapter 1, 14, 18, 20, 39, 43, or 46 of Title 48, or Chapter 11 of Title 49 or any other state or federal environmental law administered or enforced by the board or the department, or for the discharge of pollutants, to persons with less than three years of compliance history in this State if the department finds by clear and convincing evidence that the applicant for such a permit or, in the case of a corporation or partnership, an officer, department, manager, partner, or shareholder of five percent or more of the stock or financial interest in such corporation or partnership has:

(1)    intentionally misrepresented or concealed any material fact in the application submitted to the department;

(2)    obtained or attempted to obtain another permit from the department by misrepresentation or concealment;

(3)    pled guilty, nolo contendere, or been convicted by final judgment, and all appeals have been exhausted, in this State or any other state or federal court of a felony, a misdemeanor carrying a sentence of one year more regardless of whether that sentence was imposed, or any crime involving moral turpitude within the twenty years preceding the date of the application for such a permit;

(4)    pled guilty, nolo contendere, or been convicted by final judgment and all appeals have been exhausted to a violation of any federal environmental law or any environmental law of this State or of any other state, regardless of whether the violation presented a substantial endangerment to human health or the environment, within twenty years preceding the date of the application for such a permit;

(5)    been adjudicated in contempt of any court order enforcing any federal environmental laws or any environmental laws of this State or of any other state within twenty years preceding the date of the application for such a permit;

(6)    been the holder of any permit required for the discharge of pollutants under the laws of this State, any other state, or any federal environmental law, which permit has been revoked for reasons of noncompliance within twenty years preceding the date of the application for a permit; or

(7)    been denied for reasons of noncompliance the issuance of any permit required for the discharge of pollutants under the laws of this State, any other state, or any federal environmental law within twenty years preceding the date of the application for a permit under Chapter 7 of Title 13, Chapter 2, 55, 56, 93 or 96 of Title 44, Chapter 20 of Title 47, Chapter 1, 14, 18, 20, 39, 43, or 46 of Title 48, and Chapter 11 of Title 49 and any other state or federal environmental law administered or enforced by the board or the department.

(E)    The department may refuse to issue permits under Chapter 7 of Title 13, Chapters 2, 55, 56, 93, and 96 of Title 44, Chapter 20 of Title 47, Chapters 1, 14, 18, 20, 39, 43, and 46 of Title 48, and Chapter 11 of Title 49 and any other state or federal environmental law administered or enforced by the board or the department, or for the discharge of pollutants, to applicants, including persons with three or more years of compliance history in this State, if the department finds by clear and convincing evidence that the applicant for such a permit or, in the case of a corporation or partnership, an officer, department, manager, partner, or shareholder of five percent or more of the stock or financial interest in such corporation or partnership has:

(1)    intentionally misrepresented or concealed any material fact in the application submitted to the department;

(2)    obtained or attempted to obtain another permit from the department by misrepresentation or concealment;

(3)    pled guilty, nolo contendere, or been convicted by final judgment, and all appeals have been exhausted, in this State of any felony involving moral turpitude within three years preceding the date of the application for such a permit;

(4)    pled guilty, nolo contendere, or been convicted by final judgment, and all appeals have been exhausted, to a third or subsequent material violation of any environmental law of this State that presented a substantial endangerment to human health or the environment within three years preceding the date of the application for such a permit;

(5)    been adjudicated in contempt of any court order enforcing any environmental laws of this State within the three years preceding the date of the application for such a permit;

(6)    been the holder of any permit required for the discharge of pollutants and the permit has been revoked for reasons of noncompliance within three years preceding the date of application for a permit under Chapter 7 of Title 13, Chapter 2, 55, 56, 93, or 96 of Title 44, Chapter 20 of Title 47, Chapter 1, 14, 18, 20, 39, 43, or 46 of Title 48, or Chapter 11 of Title 49 or any other state or federal environmental law administered or enforced by the board or the department; or

(7)    been denied for reasons of noncompliance the issuance of any permit required for the discharge of pollutants under the laws of this State within three years preceding the date of the application for a permit under Chapters 55, 56 and 93 of Title 44, Chapter 1 of Title 48, or any other state or federal environmental law administered or enforced by the board or the department.

(F)    Subject to approval by the board, and upon such terms and conditions as the department may impose, the department may issue a probationary permit despite disqualifying information disclosed as required under subsections (D) and (E) if the department finds that affirmative actions taken by the applicant mitigate the impact of all material misrepresentations, concealment, convictions, or adjudication. A probationary permit issued wholly or in part under the authority of this section may be revoked by the department with or without cause at any time. Affirmative actions to be considered by the department as mitigating factors include, but are not limited to, information, documentation, or experience relating to:

(1)    implementation by the applicant of formal policies, training programs, or other management controls to prevent the occurrence of future unlawful activities;

(2)    installation by the applicant of environmental auditing and compliance programs; and

(3)    records inspections and monitoring of operations and operational personnel by the department;

(4)    unless waived by the department for good cause shown, the discharge from employment of any individual who was convicted of a crime as described in subsections (D) and (E); and

(5)    evidence of rehabilitation and compliance with all state and federal environmental laws, permits, permit conditions, and orders.

(G)    When refusing to issue a permit under the authority of this section, the department must make and separately state findings of fact to support a written determination made under subsections (D), (E), and (F). The findings of ultimate fact or conclusions contained in the department's written determination must be accompanied by a concise statement of the underlying basic facts of record to support the findings of ultimate fact or conclusions.

(H)    A person aggrieved by a decision of the department to refuse, withhold, or revoke a permit under this section may appeal the department's decision to the Court of Common Pleas in Richland County."

SECTION    6.    Chapter 1, Title 44 of the 1976 Code is amended by adding:

"Section 44-1-290.    (A)    The Department of Health and Environmental Control shall investigate and maintain a complete record of every known civil and criminal violation of an environmental law, as defined in Section 16-11-705, in this State.     (B)    The department, with the cooperation and assistance of the Attorney General, shall also maintain and publish an index of all records of civil violations and an index of all records of criminal violations of environmental laws that occur in this State including, but not limited to, all civil and criminal cases investigated, reviewed for civil or criminal prosecution by the department, and either disposed of by the department as a civil matter or referred by the department to the Attorney General, circuit solicitors, federal environmental law enforcement authorities, or to a law enforcement coordination committee for prosecution or disposition as a criminal matter, and all civil and criminal cases investigated, reviewed, prosecuted, or disposed of as a civil or criminal matter under a federal environmental law by a federal agency or an instrumentality of the federal government. If the information is not privileged and is subject to disclosure under the law, the Attorney General shall furnish information in his possession that is required to be published by this section to the department and shall assist the department in acquiring any information required to be published by this section that is not privileged and is subject to disclosure from all state and federal environmental, law enforcement, and prosecutorial sources in a timely manner.

(C)    The index for both civil and criminal records of violations of environmental laws must include the name of each person and responsible party causing or contributing to the violation, a citation to the specific provision of the law violated, a summary of the relevant facts including acts and omissions of persons or responsible parties causing or contributing giving rise to a violation, an assessment of all damage to the environment, including notice or warnings, if any, of residual damage or possible future harm damages given to property owners, private citizens, and the general public, the disposition of all charges in all civil or criminal cases made against a person or responsible party, and, in cases where a person or responsible party causing or contributing to a violation of an environmental law in this State is not charged or prosecuted for a violation, the name of the government agency or instrumentality and the identity of individual or individuals exercising discretion within the governmental agency or instrumentality who made the decision not to charge or prosecute for the violation, and the justification for the decision not to charge or prosecute a person or responsible party for a violation of an environmental law in this State.

(D)    Each index must be kept current, updated each month, included in the annual report to the General Assembly required by Section 44-1-120, and also must be made available to the general public on the Internet."

SECTION    7.    Section 44-55-20 of the 1976 Code is amended to read:

"Section 44-55-20.    As used in this article:

(1)    'Board' means the South Carolina Board of Health and Environmental Control which is charged with responsibility for implementation of the Safe Drinking Water Act.

(2)    'Commissioner' means the commissioner of the department or his authorized agent.

(3)    'Community water systems' means a public water system which serves at least fifteen service connections used by year-round residents or regularly serves at least twenty-five year-round residents. This may include, but is not limited to, subdivisions, municipalities, mobile home parks, and apartments.

(4)    'Construction permit' means a permit issued by the department authorizing the construction of a new public water system or the expansion or modification of an existing public water system.

(5)    'Contamination' means the adulteration or alteration of the quality of the water of a public water system by the addition or deletion of any substance, matter, or constituent except as authorized pursuant to this article.

(6)    'Cross-connection' means any actual or potential connection or structural arrangement between a public water system and any other source or system through which it is possible to introduce into any part of the potable system any used water, industrial fluid, gas or substance other than the intended potable water with which the system is supplied. Bypass arrangements, jumper connections, removable sections, swivel or changeover devices, and other temporary or permanent devices through which or because of which backflow can or may occur are considered to be cross-connections.

(7)    'Department' means the South Carolina Department of Health and Environmental Control, including personnel authorized and empowered to act on behalf of the department or board.

(8)    'Human consumption' means water used for drinking, bathing, cooking, dishwashing, and maintaining oral hygiene or other similar uses.

(9)    'Knowing' or 'knowingly' means:

(a)    with respect to his conduct, a person is aware of the nature of his conduct;

(b)    with respect to an existing circumstance, a person is aware of the circumstance or believes the circumstance exists; or

(c)    with respect to the result of his conduct, a person is aware or believes that his conduct is substantially certain to cause danger, death, or serious bodily injury to another.

(9)(10)    'Noncommunity water system' means a public water system which serves at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily at least sixty days out of the year and does not meet the definition of a community water system.

(10)(11)    'Nontransient noncommunity water system' means a public water system that is not a community water system and that regularly serves at least twenty-five of the same persons over six months per year.

(11)(12)    'Operating permit' means a permit issued by the department that outlines the requirements and conditions under which a person must operate a public water system.

(12)(13)    'Person' means an individual, partnership, copartnership, cooperative, firm, company, public or private corporation, political subdivision, government agency, trust, estate, joint structure company, or any other legal entity or its legal representative, agent, or assigns, and includes the directors, officers, agents, and employees of any discernable legal entity.

(13)(14)    'Public water system' means:

(a)    any publicly or privately owned waterworks system which provides water, whether bottled, piped, or delivered through some other constructed conveyance for human consumption, including the source of supply whether the source of supply is of surface or subsurface origin;

(b)    all structures and appurtenances used for the collection, treatment, storage, or distribution of water delivered to point of meter of consumer or owner connection;

(c)    any part or portion of the system, including any water treatment facility, which in any way alters the physical, chemical, radiological, or bacteriological characteristics of the water; however, a public water system does not include a water system serving a single private residence or dwelling. A separately owned system with its source of supply from another waterworks system must be a separate public water system. A connection to a system that delivers water by a constructed conveyance other than a pipe must not be considered a connection if:

( i)    the water is used exclusively for purposes other than residential uses consisting of drinking, bathing, and cooking or other similar uses;

(ii)    the department determines that alternative water to achieve the equivalent level of public health protection provided by the applicable State Primary Drinking Water Regulations is provided for residential or similar uses for drinking and cooking; or

(iii)    the department determines that the water provided for residential or similar uses for drinking, cooking, and bathing is centrally treated or treated at the point of entry by the provider, a pass-through entity, or the user to achieve the equivalent level of protection provided by the applicable State Primary Drinking Water Regulations.

(15)    'Responsible party' means a person whose acts, errors, omissions, decisions, or instructions to another causes or contributes to the violation of a state or federal environmental law or who is determined to be legally responsible or liable for any pollution or damage to the environment, threat to public health, or damage to public or private property.

(16)    'Serious bodily injury' means:

(a)    bodily injury which involves a substantial risk of death;

(b)    unconsciousness;

(c)    extreme physical pain;

(d)    protracted and obvious disfigurement; or

(e)    protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

(14)(17)    'State water system' means any water system that serves less than fifteen service connections or regularly serves an average of less than twenty-five individuals daily.

(15)(18)    'Transient noncommunity water system' means a noncommunity water system that does not regularly serve at least twenty-five of the same persons over six months a year.

(16)(19)    'Well' means a bored, drilled or driven shaft, or a dug hole, whose depth is greater than the largest surface dimension, from which water is extracted or injected. This includes, but is not limited to, wells used for water supply for irrigation, industrial and manufacturing processes, or drinking water, wells used for underground injection of waste for disposal, storage, or drainage disposal, wells used in mineral or geothermal recovery, and any other special process wells.

(17)(20)    'Well driller' means an individual, corporation, partnership, association, political subdivision, or public agency of this State who is licensed with the South Carolina Department of Labor, Licensing and Regulation for constructing wells and is in immediate supervision of and responsible for the construction, development, drilling, testing, maintenance, repair, or abandonment of any well as defined by this chapter. This term does include owners constructing or abandoning wells on their own property for their own personal use only, except that these owners are not required to be licensed by the Department of Labor, Licensing and Regulation for construction wells."

SECTION    8.    Section 44-55-80 of the 1976 Code is amended to read:

"Section 44-55-80.    (A)    It is unlawful for a person to fail to comply with:

(1)    the provisions of this article or the regulations promulgated pursuant to this article;

(2)    the conditions of any permit issued under this article; or

(3)    any order of the department. or a court relating to enforcement of this article.

(B)    It is unlawful for a person to render a public water system, or part or portion of a public water system, inoperable or unusable by means of contamination, vandalism, sabotage, or assault upon or detention of employees of the system or to misrepresent any fact related to the operation of a public water system.

(C)    It is unlawful for a person to:

(1)    omit material information or make any false material statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained, or used for purposes of compliance with this article or regulations promulgated for the enforcement of this article;

(2)    destroy, alter, conceal, or fail to file any record, application, manifest, report, or other document required to be maintained or filed for purposes of compliance with this article or regulations promulgated for the enforcement of this article;

(3)    withhold information relating to a real and substantial danger to the public health or safety if the information has been requested by the department and is necessary or required to carry out the department's responsibilities pursuant to this article in response to a real and substantial danger;

(4)    transport, treat, store, or dispose of chemical, industrial, hazardous, bacterial, or infectious waste, or any other kind of pollutant, in violation of this article or regulations promulgated pursuant to it; or

(5)    violate any provision of this article or regulations promulgated for the enforcement of this article if the violation places another person in imminent danger of death or serious bodily injury."

SECTION    9.    Section 44-55-90 of the 1976 Code is amended to read:

"Section 44-55-90.    (A)    Any person wilfully violating the provisions of Section 44-55-80 is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars a day per violation or imprisoned for not more than one year, or both.

(B)(1)    A violation of Section 44-55-80 by a person renders the violator liable to the State for a civil penalty of not more than five thousand dollars a day per violation.

(2)    The department may administer penalties as otherwise provided for violations of this article, including any order, permit, regulation, or standard or may request the Attorney General to commence an action under this subsection in an appropriate court of the State to secure this penalty.

(C)    The department may cause to be instituted a civil action in any court of applicable jurisdiction for injunctive relief to prevent violation of this article or any order issued pursuant to Sections 44-55-40, 44-55-60, and 44-55-70.

(A)    If the department finds that a person is in violation of any permit, regulation, standard, or requirement under this chapter, or finds that a responsible party is causing or contributing to a violation of any permit, regulation, standard, or requirement under this chapter, the department may:

(1)    administer all penalties provided for violations of this chapter;

(2)    invoke civil penalties as provided in this section for violations of the provisions of this chapter;

(3)    issue a departmental order requiring the person or responsible party to comply with the permit, regulation, standard, or requirement;

(4)    bring a civil action in a court of competent jurisdiction for injunctive relief to prevent a violation of this chapter or any order issued pursuant to Section 44-55-40, 44-55-60, or 44-55-70 to enforce any departmental order issued under this section or for enforcement of the civil penalties provided for in this chapter;

(5)    refer the matter to the Attorney General for appropriate civil and criminal enforcement action; or

(6)    in cases involving a criminal violation of state or federal environmental laws, refer any criminal matter to the appropriate federal, state, or other law enforcement agencies or prosecutors for investigation and prosecution according to law.

Violation of any court order issued or obtained pursuant to this section is contempt of the court issuing the order and punishable as provided by law.

(B)    A person who violates any provision of Section 44-55-80, or a responsible party who causes or contributes to a violation of Section 44-55-80, is liable for a civil penalty not to exceed twenty-five thousand dollars each day of violation. A person against whom a civil penalty is invoked by the department may appeal the decision of the department to the Court of Common Pleas in Richland County.

(C)    Each day of noncompliance with any order issued pursuant to this chapter, or noncompliance with any permit, regulation, standard or requirement pursuant to Section 44-55-80, is a separate offense.

(D)    A violation referred to in this section must be reported by the department to the governing body of the county or municipality concerned within twenty-four hours.

(E)    Except as provided in this section, a person who violates any provision of Section 44-55-80, or a responsible party who causes or contributes to the violation of any provision of Section 44-55-80, is guilty of a misdemeanor and upon conviction must be fined not less than five hundred dollars or more than twenty-five thousand dollars each day of violation or imprisoned for not more than one year, or both. A person or responsible party who is convicted of a second or subsequent offense punishable under this subsection must be fined not more than fifty thousand dollars each day of violation or imprisoned not more than five years, or both.

(F)    A person who knowingly violates any provision of Section 44-55-80, or a responsible party who causes or contributes to the violation of any provision of Section 44-55-80, is guilty of a felony and upon conviction must be fined not more than fifty thousand dollars each day of violation or imprisoned for not more than ten years or both. A person or responsible party who is convicted of a second or subsequent offense under this subsection must be fined not more than fifty thousand dollars each day of violation or imprisoned not more than ten years, or both. A person other than an individual, and a responsible party other than an individual, who is convicted of a knowing violation of any provision of this chapter must be fined not more than one million dollars for each violation.

(G)    A criminal penalty imposed for a violation of any provision of this chapter is in addition to, and not in lieu of, any civil or administrative penalty or other sanction authorized by law."

SECTION    10.    Section 44-56-20 of the 1976 Code is amended to read:

"Section 44-56-20.    Definitions as used in For purposes of this chapter:

(1)    'Board' means the South Carolina Board of Health and Environmental Control which is charged with responsibility for implementation of the Hazardous Waste Management Act.

(2)    'Director' means the director of the department or his authorized agent.

(3)    'Department' means the Department of Health and Environmental Control, including personnel thereof of the department authorized by the board to act on behalf of the department or board.

(4)    'Disposal' means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste into or on any land or water so that such substance or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwater.

(5)    'Generation' means the act or process of producing waste materials.

(6)    'Hazardous waste' means any waste, or combination of wastes, of a solid, liquid, contained gaseous, or semisolid form which because of its quantity, concentration, or physical, chemical, or infectious characteristics may in the judgment of the department:

(a)    cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or

(b)    pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. Such wastes may include, but are not limited to, those which are toxic, corrosive, flammable, irritants, strong sensitizers, persistent in nature, assimilated, or concentrated in tissue, or which generate pressure through decomposition, heat, or other means. The term does not include solid or dissolved materials in domestic sewage, or solid dissolved materials in irrigation return flows, or industrial discharges which are point sources subject to NPDES permits under the Federal Water Pollution Control Act or the Pollution Control Act of South Carolina or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954.

(7)    'Hazardous waste management' means the systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery, and disposal of hazardous wastes.

(8)    'Knowing' or 'knowingly' means:

(a)    with respect to his conduct, a person is aware of the nature of his conduct;

(b)    with respect to an existing circumstance, a person is aware of the circumstance or believes the circumstance exists; or

(c)    with respect to the result of his conduct, a person is aware or believes that his conduct is substantially certain to cause danger, death, or serious bodily injury to another.

(8)(9)    'Manifest' means the form used for identifying the quantity, composition, or origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment, or storage.

(9)(10)    'Permit' means the process by which the department can ensure cognizance of, as well as control over the management of hazardous wastes.

(11)    'Person' means an individual or natural person, a trust, joint stock company, a federal agency, a corporation including a government corporation, a partnership, an association, a state, a county, a municipality, a governing board or commission, a political subdivision of a state, an interstate body, or any other discernable legal entity however named, known, or denominated, and includes the directors, officers, agents, and employees of trusts, joint stock companies, federal agencies, corporations including government corporations, partnerships, associations, states, counties, municipalities, governing boards or commissions, political subdivisions of a state, an interstate body, or of any other discernable legal entity.

(12)    'Responsible party' means a person whose act, errors, omissions, decisions, or instructions to another causes or contributes to the violation of a state or federal environmental law or who is determined to be legally responsible or liable for any pollution or damage to the environment, threat to public health, or damage to public or private property.

(13)    'Serious bodily injury' means:

(a)    bodily injury which involves a substantial risk of death;

(b)    unconsciousness;

(c)    extreme physical pain;

(d)    protracted and obvious disfigurement; or

(e)    protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

(10)(14)    'Storage' means the actual or intended containment of wastes, either on a temporary basis or for a period of years, in such manner as not to constitute disposal of such hazardous wastes.

(11)(15)    'Transport' means the movement of hazardous wastes from the point of generation to any intermediate points and finally to the point of ultimate treatment, storage or disposal.

(12)(16)    'Treatment' means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste, so as to neutralize such waste or so as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, reduced in volume, or suitable for final disposal.

(13)(17)    'Uncontrolled hazardous waste site' means any site where hazardous wastes or other hazardous substances have been released, abandoned, or otherwise improperly managed so that governmental response action is deemed necessary to remedy actual or potential damages to public health, the public welfare, or the environment.

For the purpose of this item the term 'hazardous waste' does not include petroleum, including crude oil or fraction thereof; natural gas; natural gas liquids; liquified natural gas; synthetic gas usable for fuel; or mixtures of natural gas and such synthetic gas.

(14)(18)    'Response action' is any cleanup, containment, inspection, or closure of a site ordered by the director as necessary to remedy actual or potential damages to public health, the public welfare, or the environment."

SECTION    11.    Section 44-56-130 of the 1976 Code is amended to read:

"Section 44-56-130.    (A)    After the promulgation of the regulations required under Section 44-56-30, it is unlawful for a person:

(1)    It shall be unlawful for any person to generate, store, transport, treat, or dispose of hazardous wastes in this State without reporting such activity to the department as required by such these regulations.;

(2)    It shall be unlawful for any person to generate, store, transport, treat, or dispose of hazardous wastes in this State without complying with the procedures described in such these regulations.;

(3)    It shall be unlawful for any person to fail to comply with this chapter and rules and regulations promulgated pursuant to this chapter; to fail to comply with any permit issued under this chapter; or to fail to comply with any order issued by the board, director, or department. ,or a court relating to enforcement of this chapter;

(4)    It is unlawful for any person who owns or operates a waste treatment facility within this State to accept any hazardous waste generated in any jurisdiction which prohibits by law the treatment of that hazardous waste within that jurisdiction or which has not entered into an interstate or regional agreement for the safe treatment of hazardous waste pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act. Written documentation demonstrating compliance with this item must be submitted to the department before the transportation of any hazardous waste into the State for treatment.;

(5)    It is unlawful for any person who owns or operates a waste storage facility within this State to accept any hazardous waste generated in any jurisdiction which prohibits by law the storage of that hazardous waste within that jurisdiction or which has not entered into an interstate or regional agreement for the safe storage of hazardous waste pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act. Written documentation demonstrating compliance with this item must be submitted to the department before the transportation of any hazardous waste into the State for storage.;

(6)    It is unlawful for any person who owns or operates a waste disposal facility within this State to accept any hazardous waste generated in any jurisdiction which prohibits by law the disposal of that hazardous waste within that jurisdiction or which has not entered into an interstate or regional agreement for the safe disposal of hazardous waste pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act. Written documentation demonstrating compliance with this item must be submitted to the department before the transportation of any hazardous waste into the State for disposal.

(B)    It is unlawful for a person to:

(1)    omit material information or make any false material statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained, or used for purposes of compliance with this chapter or regulations promulgated for the enforcement of this chapter;

(2)    destroy, alter, conceal, or fail to file any record, application, manifest, report, or other document required to be maintained or filed for purposes of compliance with this chapter or regulations promulgated for the enforcement of this chapter;

(3)    withhold information relating to a real and substantial danger to the public health or safety when the information has been requested by the department and is necessary or required to carry out the department's responsibilities pursuant to this chapter in response to a real and substantial danger;

(4)    transport, treat, store, or dispose of hazardous waste in violation of this chapter or regulations promulgated pursuant to it; or

(5)    violate any provision of this chapter or regulations promulgated for the enforcement of this chapter if the violation places another person in imminent danger of death or serious bodily injury."

SECTION    12.    Section 44-56-140 of the 1976 Code is amended to read:

"Section 44-56-140.    A.(A)    Whenever If the department finds that any a person is in violation of any permit, regulation, standard, or requirement under this chapter, or finds that a responsible party is causing or contributing to a violation of any permit, regulation, standard, or requirement under this chapter, the department may: issue an order requiring such person to comply with such permit, regulation, standard, or requirement, or the department may request that the Attorney General bring civil action for injunctive relief in the appropriate court; or, the department may request that the Attorney General bring civil enforcement action under subsection B of this section. Violation of any court order issued pursuant to this section shall be deemed contempt of the issuing court and punishable therefor as provided by law. The department may also invoke civil penalties as provided in this section for violations of the provisions of this chapter, including any order, permit, regulation or standard. Any person against whom a civil penalty is invoked by the department may appeal the decision of the department to the Court of Common Pleas in Richland County.         (1)    invoke civil penalties as provided in this section for violations of the provisions of this chapter;

(2)    issue a departmental order requiring the person or responsible party to comply with the permit, regulation, standard, or requirement;

(3)    bring a civil action in a court of competent jurisdiction for injunctive relief to enforce any department order issued under this section or for enforcement of the civil penalties provided for in this chapter;

(4)    refer the matter to the Attorney General for appropriate civil and criminal enforcement action; or

(5)    in cases involving a criminal violation of state or federal environmental laws, refer any criminal matter to the appropriate federal, state, or other law enforcement agencies or prosecutors for investigation and prosecution according to law.

Violation of any court order issued or obtained pursuant to this section is contempt of the court issuing the order and punishable as provided by law.

B.(B)    Any A person who violates any provision of Section 44-56-130 and a responsible party who causes or contributes to a violation of Section 44-56-130, shall be is liable for a civil penalty not to exceed twenty-five thousand dollars each day of violation.

C.    Any person who willfully violates any provision of Section 44-56-130 shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than twenty-five thousand dollars per 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 shall be by a fine not to exceed fifty thousand dollars per day of violation, or imprisonment not to exceed two years, or both.

D.(C)    Each day of noncompliance with any order issued pursuant to this chapter, or noncompliance with any permit, regulation, standard or requirement pursuant to Section 44-56-130 shall constitute is a separate offense.

E. (D)    The violations referred to in this section shall must be reported by the department to the governing body of the county or municipality concerned within twenty-four hours.

(E)    Except as provided in this section, a person who violates any provision of Section 44-56-130, or a responsible party who causes or contributes to the violation of any provision of Section 44-56-130, is guilty of a misdemeanor and upon conviction must be fined not more than ten thousand dollars each day of violation or imprisoned for not more than one year, or both. A person or responsible party who is convicted of a second or subsequent offense punishable under this subsection must be fined not more than fifty thousand dollars each day of violation, or imprisoned not more than five years, or both.

(F)    A person who knowingly violates any provision of Section 44-56-130, or a responsible party who causes or contributes to the violation of any provision of Section 44-56-130, is guilty of a felony and upon conviction must be fined not more than fifty thousand dollars each day of violation or imprisoned for not more than ten years or both. A person or responsible party who is convicted of a second or subsequent offense under this subsection must be fined not more than fifty thousand dollars each day of violation, or imprisoned not more than ten years, or both. A person other than an individual, and a responsible party other than an individual, who is convicted of knowingly violating any provision of this chapter must be fined not more than one million dollars for each violation.

(G)    A criminal penalty imposed for a violation of any provision of this chapter is in addition to, and not in lieu of, any civil or administrative penalty or other sanction authorized by law."

SECTION    13.    Section 44-93-20 of the 1976 Code is amended to read:

"Section 44-93-20.    For purposes of this chapter:

(A)(1)    'Infectious waste' or 'waste' means:

(1)(a)    sharps;

(2)(b)    cultures and stocks of infectious agents and associated biologicals;

(3)(c)    human blood and blood products;

(4)(d)    pathological waste;

(5)(e)    contaminated animal carcasses, body parts, and bedding of animals intentionally exposed to pathogens; and

(6)(f)    isolation waste pursuant to the 'Guidelines for Isolation Precautions in Hospitals', Centers for Disease Control.

Nothing in this chapter prohibits a generator of infectious wastes from designating and managing wastes in addition to those listed above as infectious wastes.

(B)(2)    'Infectious waste management' means the systematic control of the collection, source separation, storage, transportation, treatment, and disposal of infectious wastes.

(C)(3)    'Board' means the South Carolina Board of Health and Environmental Control which is charged with responsibility for implementation of the Infectious Waste Management Act.

(D)(4)    'Director' means the director of the department or his authorized agent.

(E)(5)    'Containment' means the packaging of infectious waste or the containers in which infectious waste is placed.

(F)(6)    'Department' means the Department of Health and Environmental Control, including personnel of the department authorized by the board to act on behalf of the department or board.

(G)(7)    'Dispose' means to discharge, deposit, inject, dump, spill, leak, or place any infectious waste into or on any land or water including groundwater so that the substance may enter the environment or be emitted into the air or discharged into any waters, including groundwater.

(H)(8)    'Facility' means a location or site within which infectious waste is treated, stored, or disposed of.

(I)(9)    'Generator' means the person producing infectious waste except waste produced in a private residence.

(J)(10)    'Generator facility' means a facility that treats infectious waste that is owned or operated by a combination or association of generators, a nonprofit professional association representing generators or a nonprofit corporation controlled by generators, nonprofit foundation of hospitals, or nonprofit corporations wholly owned by hospitals, if the waste is generated in this State and treatment is provided on a nonprofit basis.

(K)(11)    'Person' means an individual, partnership, co-partnership, cooperative, firm, company, public or private corporation, political subdivision, agency of the State, county, or local government, trust, estate, joint structure company, or any other legal entity or its legal representative, agent, or assigns, and includes the directors, officers, agents, and employees of any discernable legal entity.

(L)(12)        'Storage' means the actual or intended holding of infectious wastes, either on a temporary basis or for a period of time, in the manner as not to constitute disposing of the wastes.

(M)(13)    'Transport' means the movement of infectious waste from the generation site to a facility or site for intermediate storage.

(N)(14)    'Treatment' means a method, technique, or process designed to change the physical, chemical, or biological character or composition of infectious waste so as to sufficiently reduce or eliminate the infectious nature of the waste.

(O)(15)    'Expand' means an increase in the capacity of the facility or an increase in the quantity of infectious waste received by a facility that exceeds a permit condition.

(16)    'Responsible party' means a person whose acts, errors, omissions, decisions, or instructions to another causes or contributes to the violation of a state or federal environmental law or who is determined to be legally responsible or liable for any pollution or damage to the environment, threat to public health, or damage to public or private property.

(17)    'Knowing' or 'knowingly' means:

(a)    with respect to his conduct, a person is aware of the nature of his conduct;

(b)    with respect to an existing circumstance, a person is aware of the circumstance or believes the circumstance exists; or

(c)    with respect to the result of his conduct, a person is aware or believes that his conduct is substantially certain to cause danger, death, or serious bodily injury to another.

(18)    'Serious bodily injury' means:

(a)    bodily injury which involves a substantial risk of death;

(b)    unconsciousness;

(c)    extreme physical pain;

(d)    protracted and obvious disfigurement; or

(e)    protracted loss or impairment of the function of a bodily member, organ, or mental faculty."

SECTION    14.    Section 44-93-140 of the 1976 Code is amended to read:

"Section 44-93-140.    (A)    Following the promulgation of the regulations required pursuant to Section 44-93-30, it is unlawful for a person to fail to comply with this chapter or with a procedure or requirement set forth in the regulations or with a departmental or court order relating to the enforcement of this chapter.

(B)    It is unlawful for a person to:

(1)    omit material information or make any false material statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained, or used for purposes of compliance with this chapter or regulations promulgated for the enforcement of this chapter;

(2)    destroy, alter, conceal, or fail to file any record, application, manifest, report, or other document required to be maintained or filed for purposes of compliance with this chapter or regulations promulgated for the enforcement of this chapter;

(3)    withhold information relating to a real and substantial danger to the public health or safety when the information has been requested by the department and is necessary or required to carry out the department's responsibilities pursuant to this chapter in response to a real and substantial danger;

(4)    transport, treat, store, or dispose of infectious waste in violation of this chapter or regulations promulgated pursuant to it; or

(5)    violate any provision of this article or regulations promulgated for the enforcement of this chapter if the violation places another person in imminent danger of death or serious bodily injury."

SECTION    15.    Section 44-93-150 of the 1976 Code is amended to read:

"Section 44-93-150.    (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. (A)    If the department finds that a person is in violation of any permit, regulation, standard, or requirement under this chapter, or finds that a responsible party is causing or contributing to a violation of any permit, regulation, standard, or requirement under this chapter, the department may:

(1)    administer all penalties provided for violations of this chapter;

(2)    invoke civil penalties as provided in this section for violations of the provisions of this chapter;

(3)    issue a departmental order requiring the person or responsible party to comply with the permit, regulation, standard, or requirement;

(4)    bring a civil action in a court of competent jurisdiction for injunctive relief to prevent a violation of this chapter or any order issued pursuant to this chapter, to enforce any departmental order issued under this section, or for enforcement of the civil penalties provided for in this chapter;

(5)    refer the matter to the Attorney General for appropriate civil and criminal enforcement action; or

(6)    in cases involving a criminal violation of state or federal environmental laws, refer any criminal matter to the appropriate federal, state, or other law enforcement agencies or prosecutors for investigation and prosecution according to law.

Violation of any court order issued or obtained pursuant to this section is contempt of the court issuing the order and punishable as provided by law.

(B)    A person who violates any provision of Section 44-93-140, or a responsible party who causes or contributes to a violation of Section 44-93-140, is liable for a civil penalty not to exceed twenty-five thousand dollars each day of violation. A person against whom a civil penalty is invoked by the department may appeal the decision of the department to the Court of Common Pleas in Richland County.

(C)    Each day of noncompliance with any order issued pursuant to this chapter, or noncompliance with any permit, regulation, standard or requirement pursuant to Section 44-93-140, is a separate offense.

(D)    The violations referred to in this section must be reported by the department to the governing body of the county or municipality concerned within twenty-four hours.

(E)    Except as provided in this section, a person who violates any provision of Section 44-93-140, or a responsible party who causes or contributes to the violation of any provision of Section 44-93-140, is guilty of a misdemeanor and upon conviction shall be fined not more than ten thousand dollars each day of violation, or imprisoned for not more than one year, or both. A person or responsible party who is convicted of a second or subsequent offense punishable under this subsection must be punished by a fine not to exceed fifty thousand dollars each day of violation, or imprisonment not to exceed five years, or both.

(F)    A person who knowingly violates any provision of Section 44-93-140, or a responsible party who causes or contributes to the violation of any provision of Section 44-93-140, is guilty of a felony and upon conviction must be fined not more than fifty thousand dollars each day of violation or imprisoned for not more than ten years, or both. A person or responsible party who is convicted of a second or subsequent offense under this subsection must be punished by a fine not to exceed fifty thousand dollars each day of violation, or imprisonment not to exceed ten years, or both. A person other than an individual, and a responsible party other than an individual, who is convicted of a knowing violation of any provision of this chapter must be fined not more than one million dollars for each violation.

(G)    A criminal penalty imposed for a violation of any provision of this chapter is in addition to, and not in lieu of, any civil or administrative penalty or other sanction authorized by law."

SECTION    16.    Section 48-1-10 of the 1976 Code is amended to read:

"Section 48-1-10.    (A)    This chapter may be cited as the 'Pollution Control Act' and, when used herein, unless the context otherwise requires:.

(B)    For purposes of this chapter:

(1)    'Person' means any individual, public or private corporation, political subdivision, government agency, municipality, industry, copartnership, association, firm, trust, estate or any other legal entity whatsoever and includes the directors, officers, agents, and employees of any discernable legal entity;

(2)    'Waters' means lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial limits of the State and all other bodies of surface or underground water, natural or artificial, public or private, inland or coastal, fresh or salt, which are wholly or partially within or bordering the State or within its jurisdiction;

(3)    'Marine district' means the waters of the Atlantic Ocean within three nautical miles from the coast line and all other tidal waters within the State;

(4)    'Sewage' means the water-carried human or animal wastes from residences, buildings, industrial establishments or other places, together with such ground water infiltration and surface water as may be present and the admixture with sewage of industrial wastes or other wastes shall also be considered 'sewage';

(5)    'Industrial waste' means any liquid, gaseous, solid or other waste substance or a combination thereof resulting from any process of industry, manufacturing, trade or business or from the development of any natural resources;

(6)    'Other wastes' means garbage, refuse, decayed wood, sawdust, shavings, bark, sand, clay, lime, cinders, ashes, offal, oil, gasoline, other petroleum products or by-products, tar, dye stuffs, acids, chemicals, dead animals, heated substances and all other products, by-products or substances not sewage or industrial waste;

(7)    'Pollution' means (1) the presence in the environment of any substance, including, but not limited to, sewage, industrial waste, other waste, air contaminant, or any combination thereof in such quantity and of such characteristics and duration as may cause, or tend to cause the environment of the State to be contaminated, unclean, noxious, odorous, impure or degraded, or which is, or tends to be injurious to human health or welfare; or which damages property, plant, animal or marine life or use of property; or (2) the man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water;

(8)    'Standard' or "standards" means such measure of purity or quality for any waters in relation to their reasonable and necessary use as may after hearing be established;

(9)    'Department' means the Department of Health and Environmental Control;

(10)    'Sewage system' or 'sewerage system' means pipelines and conductors, pumping stations, force mains and all other construction, devices and appliances appurtenant thereto used for conducting sewage, industrial waste or other wastes to a point of ultimate discharge;

(11)    'Treatment works' means any plant, disposal field, lagoon, constructed drainage ditch or surface water intercepting ditch, incinerator, area devoted to sanitary land fills or other works not specifically mentioned herein, installed for the purpose of treating, neutralizing, stabilizing or disposing of sewage, industrial waste or other wastes;

(12)    'Disposal system' means a system for disposing of sewage, industrial waste or other wastes, including sewerage systems and treatment works;

(13)    'Outlet' means the terminus of a sewer system or the point of emergence of any water-borne sewage, industrial waste or other wastes, or the effluent therefrom, into the waters of the State;

(14)    'Shellfish' means oysters, scallops, clams, mussels and other aquatic mollusks and lobsters, shrimp, crawfish, crabs and other aquatic crustaceans;

(15)    'Ambient air' means that portion of the atmosphere outside of buildings and other enclosures, stacks, or ducts which surrounds human, plant, or animal life, water or property;

(16)    'Air contaminant' means particulate matter, dust, fumes, gas, mist, smoke, or vapor, or any combination thereof produced by processes other than natural;

(17)    'Source' means any and all points of origin of air contaminants whether privately or publicly owned or operated;

(18)    'Undesirable level' means the presence in the outdoor atmosphere of one or more air contaminants or any combination thereof in sufficient quantity and of such characteristics and duration as to be injurious to human health or welfare, or to damage plant, animal or marine life, to property or which unreasonably interfere with enjoyment of life or use of property;

(19)    'Emission' means a release into the outdoor atmosphere of air contaminants;

(20)    'Environment' means the waters, ambient air, soil, and/or or land or any combination of these;

(21)    'Effluent' means the discharge from a waste disposal system;

(22)    'Effluent limitations' means restrictions or prohibitions of chemical, physical, biological, and other constituents which are discharged from point sources into state waters, including schedules of compliance;

(23)    'Point source' means any discernible, confined and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation or vessel, or other floating craft, from which pollutants are or may be discharged.

(24)    'Responsible party' means a person whose acts, errors, omissions, decisions, or instructions to another causes or contributes to the violation of a state or federal environmental law or who is determined to be legally responsible or liable for any pollution or damage to the environment, threat to public health, or damage to public or private property.

(25)    'Knowing' or 'knowingly' means:

(a)    with respect to his conduct, a person is aware of the nature of his conduct;

(b)    with respect to an existing circumstance, a person is aware of the circumstance or believes the circumstance exists; or

(c)    with respect to the result of his conduct, a person is aware or believes that his conduct is substantially certain to cause danger, dearth, or serious bodily injury to another.

(26)    'Serious bodily injury' means:

(a)    bodily injury which involves a substantial risk of death;

(b)    unconsciousness;

(c)    extreme physical pain;

(d)    protracted and obvious disfigurement; or

(e)    protracted loss or impairment of the function of a bodily member, organ, or mental faculty."

SECTION    17.    Section 48-1-320 of the 1976 Code as amended by Act 95 of 2001, is further amended to read:

"Section 48-1-320.    A person who wilfully or with gross negligence or recklessness violates a provision of this chapter or a regulation, permit, permit condition, or final determination or order of the department is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars or more than twenty-five thousand dollars for each day's violation or be imprisoned for not more than two years, or both. (A)    If the department finds that a person is in violation of any permit, regulation, standard, or requirement under this chapter, or finds that a responsible party is causing or contributing to a violation of any permit, regulation, standard, or requirement under this chapter, the department may:

(1)    administer all sanctions provided for violations of this chapter;

(2)    invoke civil penalties as provided in this section for violations of the provisions of this chapter;

(3)    issue a departmental order requiring the person or responsible party to comply with the permit, regulation, standard, or requirement;

(4)    bring a civil action in a court of competent jurisdiction for injunctive relief to prevent a violation of this chapter or any order issued pursuant to this chapter, to enforce any departmental order issued under this section, or for enforcement of the civil penalties provided for in this chapter;

(5)    refer the matter to the Attorney General for appropriate civil and criminal enforcement action; or

(6)    in cases involving a criminal violation of state or federal environmental laws, refer any criminal matter to the appropriate federal, state, or other law enforcement agencies or prosecutors for investigation and prosecution according to law.

Violation of any court order issued or obtained pursuant to this section is contempt of the court issuing the order and punishable as provided by law.

(B)    A person who violates any provision of this chapter, or a responsible party who causes or contributes to a violation of this chapter, is liable for a civil penalty not to exceed twenty-five thousand dollars each day of violation. A person against whom a civil penalty is invoked by the department may appeal the decision of the department to the Court of Common Pleas in Richland County.

(C)    Each day of noncompliance with any order issued pursuant to this chapter, or noncompliance with any permit, regulation, standard or requirement pursuant to this chapter is a separate offense.

(D)    The violations referred to in this section must be reported by the department to the governing body of the county or municipality concerned within twenty-four hours.

(E)    Except as provided in this section, a person who violates any provision of this chapter, or a responsible party who causes or contributes to the violation of any provision of this chapter, is guilty of a misdemeanor and upon conviction must be fined five hundred dollars but not more than twenty-five thousand dollars each day of violation or imprisoned for not more than two years, or both. A person or responsible party who is convicted of a second or subsequent offense punishable under this subsection must be fined not more than fifty thousand dollars each day of violation, or imprisoned not more than five years, or both.

(F)    A person who knowingly violates any provision of this chapter, or a responsible party who causes or contributes to the violation of any provision of this chapter, is guilty of a felony and upon conviction must be fined not more than fifty thousand dollars each day of violation or imprisoned not more than ten years, or both. A person or responsible party who is convicted of a second or subsequent offense under this subsection must be fined not more than fifty thousand dollars each day of violation or imprisoned not more than ten years, or both. A person other than an individual, and a responsible party other than an individual, who is convicted of knowingly violating any provision of this chapter must be fined not more than one million dollars for each violation.

(G)    A criminal penalty imposed for a violation of any provision of this chapter is in addition to, and not in lieu of, any civil or administrative penalty or other sanction authorized by law."

SECTION    18.    Section 48-1-340 of the 1976 Code is amended to read:

"Section 48-1-340.    (A)    Any A person or responsible party who knowingly makes, causes, or contributes to the making of any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained under this chapter or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter, shall be is subject to the civil or and criminal provisions contained in this chapter. provided by law. For the purposes of this section the term "person" shall mean, in addition to the definition contained in Section 48-1-10, any responsible corporate officer.

(B)    It is unlawful for a person to:

(1)    omit material information or make any false material statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained, or used for purposes of compliance with this chapter or regulations promulgated for the enforcement of this chapter;

(2)    destroy, alter, conceal, or fail to file any record, application, manifest, report, or other document required to be maintained or filed for purposes of compliance with this chapter or regulations promulgated for the enforcement of this chapter;

(3)    withhold information relating to a real and substantial danger to the public health or safety if the information has been requested by the department and is necessary or required to carry out the department's responsibilities pursuant to this chapter in response to a real and substantial danger;

(4)    transport, treat, store, or dispose of pollution in violation of this chapter or regulations promulgated pursuant to it; or

(5)    violate any provision of this chapter or regulations promulgated for the enforcement of this chapter if the violation places another person in imminent danger of death or serious bodily injury."

SECTION    19.    This act takes effect upon approval by the Governor.

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