S.C. Code Regs. § 27-1091 - Enforcement [of Backflow Prevention Act, Chemigation Act]

A. Regulatory and Public Service Programs, Division of Agriculture and Natural Resources, Clemson University, hereafter referred to as Regulatory Programs, has responsibility for enforcement of the provisions of the act and the regulations promulgated herein. The Director hereby designates the Department of Fertilizer and Pesticide Control for implementation of the act and these ensuing regulations.

B. The Director, after an opportunity for a hearing, may assess a civil penalty of not more than $500 for each offense, per day of noncompliance against anyone violating this statute or these regulation as provided by Section 46-1-140 of the Code of Laws of South Carolina, 1976. Any person aggrieved by such action may obtain review thereof under the Administrative Procedures Act.

C. For the purpose of carrying out the provisions of this act and these regulations, the Regulatory Programs's agents may enter upon any site, public or private, where chemigation equipment is utilized at reasonable time, by consent or warrant, in order to inspect the chemigation equipment, sample water reported to be exposed to chemicals, and sample chemicals being applied by chemigation.

D. The Regulatory Program's agents may, if denied access to any land or premise, obtain a warrant from an appropriate court to inspect the chemigation equipment.

Notes

S.C. Code Regs. § 27-1091

Added by State Register Volume 15, Issue No. 4, eff April 26, 1991.

Statutory Authority: 1976 Code Section 46-1-140