(A) If the participant diligently pursues compliance and corrects the violations that are disclosed in a report in accordance with §§ 48-56-130 and 48-56-140, the department may not commence an enforcement action for the violations.

(B) The department may not commence an enforcement action for violations covered by a compliance schedule that is approved under § 48-56-140 during the period of the compliance schedule if the participant is not in violation of the schedule. If the participant violates the compliance schedule, the department may initiate procedures to revoke the cooperative agreement and may commence an enforcement action for the violations.

Terms Used In South Carolina Code 48-56-150

  • Cooperative agreement: means an agreement entered into under § 48-56-30. See South Carolina Code 48-56-20
  • Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 48-56-20
  • Facility: means any site, including all buildings, equipment, and structures located on a single parcel or on contiguous parcels that are owned or operated by the same person, a manufacturing or natural resource management operation, or any business or local government activity that is regulated under any provision of South Carolina environmental law. See South Carolina Code 48-56-20
  • Violation: means a violation of a cooperative agreement, of an approval that is not replaced by the cooperative agreement, or of a provision of South Carolina environmental law for which a participant has not received a variance. See South Carolina Code 48-56-20

(C) Notwithstanding subsection (A), the department may at any time commence an enforcement action for violations if:

(1) significant environmental harm or a public health threat was caused by the violation;

(2) the department discovers the violations before submission of a report under § 48-56-130;

(3) the department disapproves the compliance schedule or proposed actions under § 48-56-140;

(4) the violation has resulted in a substantial economic benefit which gives the violator a clear economic advantage over its business competitors;

(5) the violation occurred within one year of a similar prior violation at the same facility;

(6) there is a violation of a judicial or administrative order against the facility; or

(7) the violation was committed intentionally, wilfully, or through criminal or gross negligence.

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