(A) Except as provided in Section 44-1-151, a person who after notice violates, disobeys, or refuses, omits, or neglects to comply with a regulation of the Department of Health and Environmental Control, made by the department pursuant to Section 44-1-140, is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for thirty days.
(B) A person who after notice violates a rule, regulation, permit, permit condition, final determination, or order of the department issued pursuant to Section 44-1-140 is subject to a civil penalty not to exceed one thousand dollars a day for each violation.
(C) Fines collected pursuant to subsection (B) must be remitted by the department to the State Treasurer for deposit in the state general fund.
(D) The term "notice" as used in this section means either actual notice or constructive notice.
(E) This section does not apply to fines levied under Section 44-1-140(8) or any other areas regulated by the South Carolina Occupational Health and Safety Act, Section 41-12-10 et seq.
HISTORY: 1962 Code Section 32-17; 1952 Code Section 32-17; 1942 Code Section 5002-1; 1932 Code Section 5003; Civ. C. '22 Section 2314; Cr. C. '22 Section 395; 1912 (27) 744; 1977 Act No. 148 Section 1; 1983 Act No. 144 Section 1; 2006 Act No. 364, Section 1, eff June 9, 2006.
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