S.C. Code Regs. § § 61-56.800

Current through Register Vol. 48, No. 11, November 22, 2024

Section 61-56.800 - Enforcement

800.1. Violations of this regulation shall be punishable in accordance with S.C. Code Sections 44-1-150, 44-55-825, 48-1-320, and 48-1-330. The Department may seek enforcement, suspend and revoke permits and licenses, issue civil penalties, and order corrective action in accordance with law. The Department shall have the authority to suspend civil penalties if the violations of this regulation are corrected in a period of time established by the Department.

800.2. Deviation from the installation design and conditions in onsite wastewater permits to construct and approvals to operate may be considered a violation of this regulation.

800.3. Suspension and revocation of permits to construct and approvals to operate an onsite wastewater system, nonwater-carried sewage treatment system, wastewater combustion system, or gray water subsurface reuse system.

(1) The Department may temporarily suspend a permit to construct or approval to operate for a violation of this regulation.

(2) The Department may revoke a permit to construct or approval to operate for a violation of this regulation. The Department will revoke a permit or approval when:

(a) The onsite wastewater system, nonwater-carried sewage treatment system, wastewater combustion system, or gray water subsurface reuse system is malfunctioning and sewage is discharging to the ground or the groundwater, the holder of the permit has received notice that the system is malfunctioning, the Department has given notice that repairs must be made within a reasonable period of time, the holder of the permit has not made the repairs, and the system continues to discharge sewage to the ground or the groundwater; or

(b) The onsite wastewater system, nonwater-carried sewage treatment system, wastewater combustion system, or gray water subsurface reuse system is malfunctioning and sewage is discharging to the ground or the groundwater, the holder of the permit has received notice that the system is malfunctioning, the Department has given notice that a wastewater treatment facility is accessible for connection.

800.4. Enforcement against persons licensed to construct, clean, and/or repair onsite wastewater systems.

(1) A licensee shall be subject to suspension, revocation, and civil penalties as provided in Sections 800.1 and 800.4(2) for the construction, cleaning, or repair of onsite wastewater systems, self-contained toilets, and other sewage holding systems in violation of state laws, regulations, and standards.

In determining whether a license should be suspended or revoked, the Department may consider such factors as the seriousness of a violation and whether a violation is a repeat of previous violations, among any other relevant factors. The interference by a licensee or their employees with a representative of the Department in performing their duties with respect to this regulation shall constitute grounds for revocation of license.

(2) Violation of an onsite wastewater system installation permit or any provisions of this regulation by a licensed onsite wastewater system installer or person licensed to clean onsite wastewater systems must be enforced as follows:

(a) First offense violations may be enforced under S.C. Code Section 44-1-150 or by suspension of the license for a period not to exceed one (1) year.

(b) Second offense violations shall be enforced under S.C. Code Section 44-1-150 or by suspension of the license for a period not to exceed three (3) years.

(c) Third offense violations shall be enforced under S.C. Code Section 44-1-150 or by permanent revocation of the license.

(3) The Department may suspend licenses for failure to pay a civil penalty required pursuant to a Department order.

800.5. Prior to suspending or revoking a permit to construct, approval to operate, or license, the Department shall provide written notification to the person stating the basis for suspension or revocation. A permit to construct, approval to operate, or license may be summarily suspended by the Department without prior warning if the Department determines there is an immediate threat to public health.

S.C. Code Regs. § 61-56.800

Replaced and amended by State Register Volume 45, Issue No. 05, eff. 5/28/2021.