Title 44, Health

Section repealed upon contingency. See Editor's notes. As used in this article: (1) "Passive soil-based on-site disposal system" means a nongravel, nonmechanical, soil absorption trench used to collect, treat, and discharge, or reclaim wastewater or sewage from a small on-site wa…

(A) The governing body of each county of the State is authorized to acquire, construct, improve, enlarge, operate and maintain, within such county, facilities to provide water for industrial and private use and facilities for the collection, treatment and disposition of sewage, i…

In counties which have cities of sixty-five thousand inhabitants or over it is unlawful for a manufacturer of acids or other distillations of a corrosive nature or of acrid odor, offensive or dangerous to human or plant life, to discharge into the air fumes generated in the manuf…

In all cases of civil action in which the violation of any of the provisions of Section 44-55-1510 shall be pleaded, the limit of liability of the defendant shall be actual damages sustained by the plaintiff.

As used in this article: (1) Reserved. (2) "Director" means the Director of the Department of Environmental Services or an authorized agent. (3) "Community water systems" means a public water system which serves at least fifteen service connections used by year-round residents or…

The term "privy" as used in this article shall be understood to include any and all buildings which are not connected with a system of sewage or with septic tanks of such construction and maintenance as are approved by the Department of Environmental Services and which are used f…

The provisions of this article shall apply to all residences, institutions and establishments and all privies, without regard to their distance from the homes of persons, which are located on the watershed of a public surface water supply.

Every privy, located on property occupied by the owner or a tenant or by any person employed by the owner, shall be maintained in a sanitary manner and in accordance with rules and regulations prescribed by the Department of Environmental Services and posted in a suitable form in…

This article may be cited as the State Recreational Waters Act.

As used in this article: (1) Reserved. (2) "Director" means the director of the department or an authorized agent. (3) "Department" means the Department of Environmental Services. (4) "Person" means an individual, public or private corporation, political subdivision, governmental…

The department shall promulgate regulations, standards, and procedures necessary to protect the health and safety of the public and to ensure proper design, construction, and operation of public swimming pools. The regulations may prescribe minimum design criteria, the requiremen…

(A) No person may construct, materially alter, or enlarge a public swimming pool until an application for a construction permit has been submitted to, and a construction permit is issued by, the department. An application submitted for a construction permit must be signed by the …

The department may establish and collect fees for the construction permits and the annual operating permits required by Section 44-55-2340 unless prohibited by the General Assembly.

It is unlawful for a person to fail to comply with the requirements of this article and regulations promulgated by the department including a permit or order issued by the director or department.

(A) Whenever the department finds that a person is in violation of a permit, regulation, standard, or requirement under this article, the department, after written notice of violation, may issue an order requiring the person to comply with the permit, regulation, standard, or req…

For purposes of enforcing this article and regulations promulgated pursuant to this article, an employee or duly authorized representative of the department may enter at reasonable times the premises of a public swimming pool. The department, upon receipt of information that a pu…

(A) As a condition of obtaining and maintaining an operating permit, all Type "A" public swimming pools, as defined in Regulation 61-51, shall provide lifeguards, as defined in Regulation 61-51, in accordance with the following: (1) A public swimming pool of three thousand square…

The person in charge of a dwelling, office building, establishment or institution shall be responsible for the sanitary maintenance of any privy which is used by his household, guests, customers, pupils, passengers, occupants, employees, workers or other persons.

The Department of Environmental Services, through its officers and inspectors, shall exercise such supervision over the sanitary construction and maintenance of privies as may be necessary to enforce the provisions of this article.

Duly authorized agents of the Department of Environmental Services may enter upon any premises and into any buildings or institutions for the purposes of inspection as provided for or required by State laws or regulations of the department pursuant to such laws, but the privacy o…

If an officer or an inspector of the Department of Environmental Services shall find a privy which is not constructed in accordance with the provisions of this article or not being maintained in a sanitary manner and in accordance with the rules and regulations of the department,…

On the effective date of this section any provision of law or regulation relating to outdoor toilet facilities or privies which would require the destruction or discontinued use of such facilities shall not apply to facilities at campgrounds or parks used exclusively for religiou…

No person shall remove or deface an official notice fastened on or in a privy by an officer of the Department of Environmental Services.

The Department of Environmental Services shall designate agents for the enforcement of the terms of this article and the rules and regulations issued pursuant thereto within one mile outside the corporate limits of such town or city. Such agents shall enforce such rules and regul…

In general, the design and construction of any public water system must be in accord with modern engineering practices for these installations. The department shall establish regulations, procedures, or standards as may be necessary to protect the health of the public and to ensu…

Any person who violates any of the provisions of this article, other than Section 44-55-260, and any person who is responsible for the sanitary maintenance of a privy and who permits such privy, after an official notice reading, "Unsanitary, Unlawful To Use," has been fastened on…

(A) Before the construction, expansion, or modification of any public water system, application for a permit to construct must be made to, and a permit to construct obtained from, the department. (B) All applications for a permit to construct shall include such engineering, chemi…

In order to protect the public health and environment, all persons engaged in manufacturing in this State and furnishing, by renting and otherwise, directly or indirectly, houses to their employees shall furnish to their employees occupying such houses sewage closets with necessa…

The construction of the sewage connections and the sanitary closets and the method of keeping such connections and closets in sanitary condition shall be under the supervision and control of the Department of Environmental Services.

The Department of Environmental Services may make rules and regulations necessary for the enforcement of the provisions of this article.

In case a person subject to the provisions of this article shall have installed, prior to June 3, 1951, in his tenement or mill village an adequate sewage system with adequate water closets in compliance with the law as it then existed on the subject, such person shall be exempt …

An advisory committee to the department must be appointed for the purpose of advising the department during development or subsequent amendment of regulatory standards for the construction, maintenance, operation, and abandonment of wells subject to the jurisdiction of the depart…

This article shall not apply to sawmills, manufacturing enterprises operating on a temporary basis or manufacturing firms operating under an order of court or in receivership.

Any person refusing or neglecting to carry into effect the provisions of this article, to obey the rules and regulations as established by the Department of Environmental Services or to obey any order issued by said department relative to the provisions of this article shall, upo…

(A) In establishing regulations, procedures, and standards under Section 44-55-30 and in exercising supervisory powers under Section 44-55-40 the department must not prohibit or fail to include provisions for recreational activities including boating, water skiing, fishing, and s…

(A) An imminent hazard is considered to exist when in the judgment of the director there is a condition which may result in a serious immediate risk to public health in a public water system. (B) In order to eliminate an imminent hazard, the director may, without notice or hearin…

In each county in this State containing a city having a population of more than seventy thousand according to the official United States census, the construction, installation and use of septic tanks shall be regulated by the provisions of this article and specifications and rule…

The Department of Environmental Services of any such county may promulgate specifications, rules and regulations governing septic tanks and their installation which shall accord with approved engineering standards in general and shall contain the following standards and requireme…

The plans for each septic tank having a capacity of one thousand gallons or more shall have the approval of the Department of Environmental Services before the tank is installed. Each such tank shall have a second or effluent compartment not longer than one third the total length…

Each septic tank shall be installed so as to receive the approval of the Department of Environmental Services through a duly authorized agent.

All septic tanks shall be constructed of such materials as shall be required by the rules and regulations and specifications promulgated by the Department of Environmental Services.

A grease trap shall be installed on the kitchen waste line preceding the septic tank when the tank serves a boardinghouse, cafe, restaurant, hotel or other public eating place. The grease trap shall have a theoretical detention period of at least thirty minutes.

All septic tanks shall have a minimum of one hundred feet of distribution pipe laid and installed in the manner required by the specifications, rules and regulations promulgated by the Department of Environmental Services.

No septic tank effluent shall be discharged into any stream without special approval of the Department of Environmental Services through a duly authorized agent.

The Department of Environmental Services may permit and approve the installation of temporary septic tanks in the case of unusual, temporary or emergency conditions. Such temporary septic tank shall be constructed and installed in accordance with the specifications, rules and reg…

A public water system shall, as soon as practicable, give public notice if it: (1) is not in compliance with the State Primary Drinking Water Regulations; (2) fails to perform required monitoring; (3) is granted a variance for an inability to meet a maximum contaminant level requ…