Current through Register Vol. 48, No. 9, September 27, 2024
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.
