South Carolina General Assembly
115th Session, 2003-2004
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
DateBodyAction Description with journal page number
12/18/2002SenatePrefiled
12/18/2002SenateReferred to Committee on Judiciary
1/14/2003SenateIntroduced and read first time SJ66
1/14/2003SenateReferred to Committee on JudiciarySJ66
VERSIONS OF THIS BILL
12/18/2002
A BILL
TO ENACT THE “SOUTH CAROLINA OMNIBUS ENVIRONMENTAL PENALTIES ACT” INCLUDING PROVISIONS TO AMEND SECTION 11354220, 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 1611700, 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 1611705 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 441115 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 441290 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 445520, 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 445580 AND 445590, 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 445620, 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 4456130 AND 4456140 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 449320, 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 4493140 AND 4493150 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 48110, 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 481320, 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 481340, 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:
SECTION1.This act may be cited as the “Omnibus Environmental Penalties Act”.
SECTION2.Section 11354220(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 suchthe 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 shallmay 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 hereinin this section.”
SECTION3.Section 1611700 of the 1976 Code, as last amended by Act 387 of 2000, is further amended to read:
“Section 1611700.(A)NoA person may not dump, throw, drop, deposit, discard, or otherwise dispose of litter or other solid waste, as defined by Section 449640(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)whenif 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 twentyseven 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 littergathering labor for a second conviction, and 100 hours of littergathering 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 446730(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 littergathering 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)Anya person who violates the provisions of this section in an amount exceeding fifteen pounds in weight or twentyseven 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) AnyA 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 yearfive 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 1611705.(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 through2671;
(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 300j26;
( 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.