S.C. Code Regs. § § 61-44.I

Current through Register Vol. 48, 12, December 27, 2024

Section 61-44.I - VIOLATIONS; PENALTIES

1. Violations of this regulation shall be subject to penalties as provided in Sections 48-1-320, 44-55-90 and 48-1-330 of the 1976 S.C. Code of Laws.

2. Whenever the Department finds that a well driller is in violation of a permit, regulation, standard, or requirement under this regulation, the Department, after written notice of violation, may issue an order requiring the well driller to comply with the permit, regulation, standard, or requirement, or may request the Attorney General to commence an action under this subsection in the appropriate court. The Department may also assess civil penalties as provided in this section for violations of the provisions of this regulation including any order, permit, regulation, or standard.

3. A well driller who fails to take appropriate corrective action, after receiving written notice of violation of a provision of this regulation, is liable for civil penalties or criminal prosecution.

4. A well driller who fails to notify the Department per Section D.5, or fails to obtain coverage under the general permit, after receiving written notice of violation of a provision of this regulation, is liable for civil penalties.

5. The Department shall have full access to a well driller's bond required by the Department of Labor, Licensing, and Regulation to correct a violation of this regulation and/or Regulation Regulation 61-71, Well Standards, where, as part of a Department enforcement action, a well driller is unwilling or unable to take required corrective actions.

S.C. Code Regs. § 61-44.I