reglab/housing_qa huggingface dataset:
SC Code § 48-1-120 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 1 - Pollution Control Act|Section 48-1-120. Determination and correction of undesirable level.

 If the Department shall determine that an undesirable level exists, it shall take such action as necessary to control such condition.  The Department shall grant such time as is reasonable for the owner or operator of a source to correct the undesirable level, after taking all factors into consideration that are pertinent to the issue.  In making its order and determinations, the Department shall take into consideration all the facts and circumstances bearing upon the reasonableness of the emissions involved including, but not limited to:  (a) The character and degree of injury to, or interference with, the health and physical property of the people;  (b) The social and economic value of the source of the undesirable levels;  (c) The question of priority of location in the area involved; and  (d) The technical practicability and economic reasonableness of reducing or eliminating the emissions resulting from such source.  If the undesirable level is not corrected within the required time, then the Department shall issue an order to cease and desist from causing such emissions.  HISTORY: 1962 Code Section 63-195.15; 1965 (54) 687; 1970 (56) 2512.
SC Code § 48-1-130 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 1 - Pollution Control Act|Section 48-1-130. Order for discontinuance of discharge of wastes or air contaminants.

 A person discharging sewage, industrial waste, or other waste or air contaminant into the environment of the State, in such manner or quantity as to cause pollution, without regard to the time that the discharge began or whether or not the continued discharge has been by virtue of a permit issued by the department, shall discontinue the discharge upon receipt of an order of the department. An order is subject to review pursuant to Section 44-1-60 and the Administrative Procedures Act. This section does not abrogate any of the department's emergency powers.  HISTORY: 1962 Code Section 63-195.16; 1952 Code Section 70-120; 1950 (46) 2153; 1970 (56) 2512; 2012 Act No. 198, Section 2, eff June 6, 2012.  Effect of Amendment  The 2012 amendment rewrote the section.
SC Code § 48-1-140 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 1 - Pollution Control Act|Section 48-1-140. Revision or modification of national pollutant discharge elimination system or final compliance date for stationary source or class or sources of air pollution.

 (a) The Department may, after notice and opportunity for a public hearing, revise or modify a national pollutant discharge elimination system permit in accordance with the procedures and criteria set out in Sections 301(c), 302 and 316(a) of the Federal Water Pollution Control Act Amendments of 1972.  (b) The Department may, after notice and opportunity for a public hearing, revise or modify a final compliance date for any stationary source or class or sources of air pollution whether contained in regulations or a compliance order, if the Department determines that  (1) good faith efforts have been made to comply with such requirement before such date;  (2) such source (or class) is unable to comply with such requirement because the necessary technology or other alternative methods of control are not reasonably available or have not been available for a sufficient period of time;  (3) any available alternative operating procedures and interim control measures have reduced or will reduce the impact of such source on public health;  (4) the continued operation of such source is essential to national security or to the public health or welfare.  Provided, however, that where the compliance date is one prescribed in the State Implementation Plan, the findings and recommendations of the Department shall be submitted to the Governor for transmittal to the Administrator of the Federal Environmental Protection Agency or his designated representative for his concurrence or rejection. Rejection by the administrator may constitute grounds for rejection of a request for modification or revisions of such compliance requirement.  (c) Any determination under items (a) or (b) of this section shall (1) be made on the record after notice to interested persons and opportunity for hearing, (2) be based upon a fair evaluation of the entire record at such hearing, and (3) include a statement setting forth in detail the findings and conclusions upon which the determination is based.  HISTORY: 1962 Code Section 63-195.17; 1965 (54) 687; 1970 (56) 2512; 1973 (58) 788; 1975 (59) 241; 1978 Act No. 463.
SC Code § 48-1-150 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 1 - Pollution Control Act|Section 48-1-150. Situations in which public hearing is required or authorized.

 Public hearings shall be conducted by the Department prior to action by the Department in the classification of the waters or the adoption of standards of purity and quality thereof as provided by this chapter. The Department may conduct public hearings prior to action in the following cases, either of its own volition or upon the request of affected persons, (a) an order of determination of the Department requiring the discontinuance of discharge of sewage, industrial waste or other wastes into the waters of the State or air contaminant into the ambient air, (b) an order issuing, denying, revoking, suspending or modifying a permit, (c) a determination that a discharge constitutes pollution of waters of a marine district and (d) any other proceeding resulting in a finding of fact or determination that a discharge of air contaminants into the ambient air or sewage, industrial waste or other wastes into the waters of the State contravenes the standards established for such air and waters.  HISTORY: 1962 Code Section 63-195.18; 1952 Code, Section 70-125; 1950 (46) 2153; 1970 (56) 2512.
SC Code § 48-1-160 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 1 - Pollution Control Act|Section 48-1-160. Conduct of hearing; decision of department.

 The hearings herein provided for may be conducted by the Department at a regular or special meeting or it may delegate to any member, to the executive director or to any employee or agent of the Department, the authority to conduct such hearings in the name of the Department at any time and place. But the Department shall make all necessary decisions as to the matter under consideration. Such decision may be based solely upon the record of any hearing conducted by the Department or by its duly authorized representative.  HISTORY: 1962 Code Section 63-195.19; 1952 Code Section 70-126; 1950 (46) 2153; 1970 (56) 2512.
SC Code § 48-1-170 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 1 - Pollution Control Act|Section 48-1-170. Records of hearings and decisions.

 In any hearing held by the Department in which a quasi-judicial decision is rendered, the Department shall make a record of the decision and secure its prompt publication. The decision shall include a statement of the facts in controversy, the decision of the Department, the law or regulation upon which the decision is based and any other information deemed necessary.  To serve as a guide and precedent of the policy of the Department, the decisions shall be chronologically numbered according to date and compiled in an annual report similar in style to the reports of the Supreme Court. The reports of these decisions shall be made available to the public.  If any person concerned with such hearing requests it, a complete transcript of the testimony presented shall be made and filed.  HISTORY: 1962 Code Section 63-195.20; 1952 Code Section 70-127; 1950 (46) 2153; 1970 (56) 2512.
SC Code § 48-1-180 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 1 - Pollution Control Act|Section 48-1-180. Oaths; examination of witnesses; subpoenas.

 In any such hearing, any member of the Department, the executive director or any employee or agent thereof authorized by the Department may administer oaths, examine witnesses and issue in the name of the Department notices of hearings and subpoenas requiring the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in any such hearing. Witnesses shall receive the same fees and mileage as in civil actions.  HISTORY: 1962 Code Section 63-195.21; 1952 Code Section 70-128; 1950 (46) 2153; 1970 (56) 2512.
SC Code § 48-1-190 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 1 - Pollution Control Act|Section 48-1-190. Refusal to obey notice of hearing or subpoena.

 In case of refusal to obey a notice of hearing or subpoena, the court of common pleas shall have jurisdiction, upon application of the Department, to issue an order requiring such person to appear and testify or produce evidence, as the case may require, and any failure to obey such order of the court may be punished by the court as a contempt thereof.  HISTORY: 1962 Code Section 63-195.22; 1952 Code Section 70-129; 1950 (46) 2153; 1970 (56) 2512.
SC Code § 48-1-200 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 1 - Pollution Control Act|Section 48-1-200. Appeals.

 Any person may appeal from any order of the Department within thirty days after the filing of the order, to the court of common pleas of any county in which the pollution occurs. The Department shall thereupon certify to the court the record in the hearing. The court shall review the record and the regularity and the justification for the order, on the merits, and render judgment thereon as in ordinary appeals in equity. The court may order or permit further testimony on the merits of the case, in its discretion such testimony to be given either before the judge or referee by him appointed. From such judgment of the court an appeal may be taken as in other civil actions.  HISTORY: 1962 Code Section 63-195.23; 1952 Code Section 70-131; 1950 (46) 2153; 1970 (56) 2512.
SC Code § 48-1-210 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 1 - Pollution Control Act|Section 48-1-210. Duties of Attorney General and solicitors.

 The Attorney General shall be the legal adviser of the Department and shall upon request of the Department institute injunction proceedings or any other court action to accomplish the purpose of this chapter. In the prosecution of any criminal action by the Attorney General and in any proceeding before a grand jury in connection therewith the Attorney General may exercise all the powers and perform all the duties which the solicitor would otherwise be authorized or required to exercise or perform and in such a proceeding the solicitor shall exercise such powers and perform such duties as are requested of him by the Attorney General.  HISTORY: 1962 Code Section 63-195.24; 1952 Code Section 70-132; 1950 (46) 2153; 1970 (56) 2512.
SC Code § 48-1-220 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 1 - Pollution Control Act|Section 48-1-220. Institution of prosecutions.

 Prosecutions for the violation of a final determination or order shall be instituted only by the Department or as otherwise provided for in this chapter.  HISTORY: 1962 Code Section 63-195.25; 1952 Code Sections 70-134, 70-135; 1950 (46) 2153; 1970 (56) 2512; 1975 (59) 241.
SC Code § 48-1-230 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 1 - Pollution Control Act|Section 48-1-230. Disposition of funds.

 Any funds appropriated to or received by the Department shall be deposited in the State Treasury as provided by law. Such funds shall be paid out on warrants issued by the State as prescribed by law, but only on order of the authorized representatives of the Department and in accordance with an annual budget or amendments thereto approved by the Department at an official meeting, such order being the authority of the proper fiscal officials of the State for making payment.  HISTORY: 1962 Code Section 63-195.26; 1952 Code Section 70-136; 1950 (46) 2153; 1970 (56) 2512.
SC Code § 48-1-240 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 1 - Pollution Control Act|Section 48-1-240. Chapter remedies are cumulative; estoppel.

 It is the purpose of this chapter to provide additional and cumulative remedies to abate the pollution of the air and waters of the State and nothing herein contained shall abridge or alter rights of action in the civil courts or remedies existing in equity or under the common law or statutory law, nor shall any provision in this chapter or any act done by virtue of this chapter be construed as estopping the State, persons or municipalities, as riparian owners or otherwise, in the exercise of their rights under the common law, statutory law or in equity to suppress nuisances or to abate any pollution.  HISTORY: 1962 Code Section 63-195.27; 1952 Code Section 70-137; 1950 (46) 2153; 1970 (56) 2512.
SC Code § 48-1-250 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 1 - Pollution Control Act|Section 48-1-250. No private cause of action created.

 No private cause of action is created by or exists pursuant to this chapter. A determination by the department that pollution exists or a violation of a prohibition contained in this chapter has occurred, whether or not actionable by the State, creates no presumption of law or fact inuring to or for the benefit of a person other than the State.  HISTORY: 1962 Code Section 63-195.28; 1952 Code Section 70-138; 1950 (46) 2153; 1970 (56) 2512; 2012 Act No. 198, Section 3, eff June 6, 2012.  Effect of Amendment  The 2012 amendment rewrote the section.
SC Code § 48-1-260 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 1 - Pollution Control Act|Section 48-1-260. Conditions within industrial plants and employer-employee relations not affected.

 Nothing contained in this chapter shall be deemed to grant to the Department any authority to make any rule, regulation or determination or to enter any order with respect to air conditions existing solely within the industrial boundaries of commercial and industrial plants, works or shops or to affect the relations between employers and employees with respect to or arising out of any air pollution within such boundaries.  HISTORY: 1962 Code Section 63-195.29; 1965 (54) 687; 1970 (56) 2512.
SC Code § 48-1-270 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 1 - Pollution Control Act|Section 48-1-270. Availability of records, reports, and information to the public; confidentiality of trade secrets.

 Any records, reports or information obtained under any provision of this chapter shall be available to the public. Upon a showing satisfactory to the Department by any person that records, reports or information, or particular parts thereof, other than effluent or emission data, if made public would divulge methods or processes entitled to protection as trade secrets of such person, the Department shall consider such record, report or information or particular portion thereof confidential in the administration of this chapter.  HISTORY: 1962 Code Section 63-195.30; 1965 (54) 687; 1970 (56) 2512; 1973 (58) 788; 1975 (59) 241.
SC Code § 48-1-280 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 1 - Pollution Control Act|Section 48-1-280. Health laws not affected.

 Nothing herein contained shall be construed to postpone, stay or abrogate the enforcement of the provisions of the public health laws of this State and rules and regulations promulgated hereunder in respect to discharges causing actual or potential hazards to public health nor to prevent the Department of Health and Environmental Control from exercising its right to prevent or abate nuisances.  HISTORY: 1962 Code Section 63-195.31; 1952 Code Section 70-139; 1950 (46) 2153; 1970 (56) 2512.
SC Code § 48-1-290 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 1 - Pollution Control Act|Section 48-1-290. Emergency orders.

 Whenever the Department finds that an emergency exists requiring immediate action to protect the public health or property, the Department, with concurrent notice to the Governor, may without notice or hearing issue an order reciting the existence of such an emergency and requiring that such action be taken as the Department deems necessary to meet the emergency. Such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but on application to the Department or by direction of the Governor shall be afforded a hearing within forty-eight hours. On the basis of such hearing the Department shall continue such order in effect, revoke it or modify it. Regardless of whether a hearing is held, the Department shall revoke all emergency orders as soon as conditions or operations change to the extent that an emergency no longer exists.  HISTORY: 1962 Code Section 63-195.32; 1970 (56) 2512; 1975 (59) 241.
SC Code § 48-1-300 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 1 - Pollution Control Act|Section 48-1-300. Certain violations excused.

 The civil and criminal liabilities herein imposed upon persons violating the provisions hereof shall not be construed to include any violation which was caused by an act of God, war, strike, riot or other catastrophe as to which negligence on the part of such person was not the proximate cause.  HISTORY: 1962 Code Section 63-195.33; 1952 Code Section 70-122; 1950 (46) 2153; 1970 (56) 2512.
SC Code § 48-1-310 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 1 - Pollution Control Act|Section 48-1-310. Local air pollution control programs.

 The governing body of any county is hereby authorized to establish, administer and enforce a local air pollution control program, subject to the approval of the Department. Such programs shall be formulated in accordance with standards and procedures adopted by the Department, and shall be subject to periodic review by the Department, which shall have the power to invalidate such programs if found to be unsatisfactory. County pollution control authorities, when constituted under this section, are hereby authorized to exercise in the geographic area involved all of the powers specified in this chapter, including the authority to adopt rules, regulations and procedures for the control of air pollution.  HISTORY: 1962 Code Section 63-195.34; 1970 (56) 2512.
SC Code § 48-1-320 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 1 - Pollution Control Act|Section 48-1-320. Penalties for violation of Pollution Control Act.

 A person who wilfully or with gross negligence or recklessness violates a provision of this chapter or a regulation, permit, permit condition, or final determination or order of the department is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars or more than twenty-five thousand dollars for each day's violation or be imprisoned for not more than two years, or both.  HISTORY: 1962 Code Section 63-195.35; 1952 Code Section 70-133; 1950 (46) 2153; 1964 (53) 2393; 1969 (56) 764; 1970 (56) 2512; 1973 (58) 788; 1975 (59) 241; 2001 Act No. 95, Section 1.
SC Code § 48-1-330 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 1 - Pollution Control Act|Section 48-1-330. Civil penalties.

 Any person violating any of the provisions of this chapter, or any rule or regulation, permit or permit condition, final determination or order of the Department, shall be subject to a civil penalty not to exceed ten thousand dollars per day of such violation.  HISTORY: 1962 Code Section 63-195.35:1; 1973 (58) 788; 1975 (59) 241.
SC Code § 48-1-340 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 1 - Pollution Control Act|Section 48-1-340. False statements, representations or certifications; falsifying, tampering with, or rendering inaccurate monitoring devices or methods.

 Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained under this chapter or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter, shall be subject to the civil or criminal provisions contained in this chapter. For the purposes of this section the term "person" shall mean, in addition to the definition contained in Section 48-1-10, any responsible corporate officer.  HISTORY: 1975 (59) 241.
SC Code § 48-1-350 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 1 - Pollution Control Act|Section 48-1-350. Penalties constitute debts to State; liens; disposition of moneys collected.

 All penalties assessed under this chapter are held as a debt payable to the State by the person against whom they have been charged and constitute a lien against the property of the person. One-half of the civil penalties collected inure to the benefit of the county. The criminal penalties collected pursuant to Section 48-1-320 must be collected and distributed pursuant to Section 14-1-205.  HISTORY: 1962 Code Section 63-195.36; 1970 (56) 2512; 1994 Act No. 497, Part II, Section 36O.
SC Code § 48-2-10 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 2 - Environmental Protection Funds|Section 48-2-10. Short title.

 This article may be cited as the "Environmental Protection Fund Act".  HISTORY: 1993 Act No. 122, Section 2.
SC Code § 48-2-20 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 2 - Environmental Protection Funds|Section 48-2-20. Definitions.

 As used in this article:  (1) "South Carolina Environmental Protection Fund" or "fund" means a special account established within the Treasurer's Office in which is deposited all fees as authorized by this article to be collected for the department's environmental programs.  (2) "Department" means the South Carolina Department of Health and Environmental Control.  HISTORY: 1993 Act No. 122, Section 2.