§ 44-96-100 — Violations of certain regulations; issuance of order for compliance or civil action for injunctive relief; wilful violations; penalty; additional powers and duties of department.

(A) Whenever the department determines that a person is in violation of a regulation promulgated pursuant to this article regarding Sections 44-96-160(X) (Used Oil), 44-96-170(H) (Waste Tires), or 44-96-190(A) (Yard trash, compost), the department may issue an order requiring the person to comply with the regulation or the department may bring civil action for injunctive relief in the appropriate court or the department may request that the Attorney General bring civil or criminal enforcement action under this section. The department also may impose reasonable civil penalties not to exceed ten thousand dollars, for each day of violation, for violations of the regulations promulgated pursuant to this article regarding Sections 44-96-160(X), 44-96-170(H), or 44-96-190(A). After exhaustion of administrative remedies, a person against whom a civil penalty is invoked by the department may appeal the decision of the department or board of the court of common pleas, pursuant to the Administrative Procedures Act. (B) A person who wilfully or with gross negligence or recklessness violates a permit, permit condition, or final determination or order of the department, or a regulation promulgated pursuant to this article regarding Sections 44-96-160(X), 44-96-170(H), or 44-96-190(A) is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars for each day of violation or imprisoned for not more than one year, or both. If the conviction is for a second or subsequent offense, the punishment must be a fine not to exceed twenty-five thousand dollars for each day of violation or imprisonment not to exceed two years, or both. The provisions of the subsection do not apply to officials and employees of a local government owning or operating, or both, a municipal solid waste management facility or to officials and employees of a region, comprised of local governments, owning or operating, or both, a regional municipal solid waste management facility. (C) Each day of noncompliance with an order issued pursuant to this section or noncompliance with a permit, regulation, standard, order, or requirement established under Sections 44-96-160, 44-96-170, or 44-96-190 constitutes a separate offense. (D) In addition to the other powers and duties set forth in this article, the department shall: (1) establish such programs and promulgate such regulations as are necessary to implement the state solid waste management plan; (2) establish such programs and promulgate such regulations as are necessary to implement the provisions of this article; (3) provide to local governments, upon request, planning and technical assistance in preparing and implementing their solid waste management plans; (4) provide to state agencies, upon request, planning and technical assistance in carrying out their responsibilities under this article; (5) cooperate and coordinate with federal agencies in carrying out federal and state solid waste management requirements, including seeking available federal grants and loans for solid waste management plans and activities in this State; (6) cooperate and coordinate with private organizations and with business and industry in implementing the requirements of this article; (7) encourage counties to pursue a regional approach to solid waste management within a common geographical area; (8) contract as needed with private entities or with state-supported educational institutions to carry out the department's responsibilities under this article, and contract with private entities or with state-owned educational institutions to conduct research on solid waste management technologies; (9) receive appropriated funds and receive and administer grants or other funds or gifts from public or private entities, including the state and the federal government, to carry out the requirements of this article; and (10) increase public awareness of solid waste management issues through appropriate statewide educational programs on recycling, volume reduction, litter control, proper methods of managing solid waste, and other related issues.

Legislative History

HISTORY: 1991 Act No. 63, SECTION 1; 1997 Act No. 131, SECTION 2; 2021 Act No. 67 (H.3222), SECTION 1, eff May 17, 2021. Effect of Amendment 2021 Act No. 67, SECTION 1, in (B), in the first sentence, substituted "or with gross negligence or recklessness violates a permit, permit condition, or final determination or order of the department, or a regulation" for "violates a regulation".