South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-71 - Well Standards
Section 61-71.K - VIOLATIONS AND 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 requirement under this regulation, the Department will issue a written notice of violation with a requirement to correct all violations within a specified time period. Whether the noted violation(s) is properly corrected within the specified time period, the extent of deviation from the regulation, the potential for harm, and the historical record of violations by that well driller, shall be considered by the Department in determining additional enforcement actions, if any, and any associated penalties.

3. Should a violation be determined by the Department to have occurred despite the well driller following all applicable regulations and manufacturer's specifications, the Department shall direct the well driller to correct the noted violation within a specified time period. If this violation is corrected within the specified time period, no monetary penalty will be assessed for that violation.

4. After written notice of violation, the Department may issue an order or commence an action in court 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 or for violating any order, permit, regulation, or standard.

5. 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.

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

7. If the Department finds a person not certified by the Department of Labor, Licensing, and Regulation in the act of drilling a well, the Department may issue an order or field citation requiring the person to immediately cease and desist operations, or seek a court order enjoining further drilling.