reglab/housing_qa huggingface dataset:
SC Code § 44-56-90 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 56 - South Carolina Hazardous Waste Management Act|Section 44-56-90. Inspections; obtaining samples.

 (a) For the purpose of enforcing this chapter and Sections 44-56-160 through 44-56-190, or any regulations authorized pursuant thereto, any authorized representative or employee of the department may, upon presentation of appropriate credentials, at any reasonable time:  1. Enter any place where hazardous wastes are generated, stored, treated, or disposed of;  2. Inspect and copy any records, reports, information, or test results relating to the purpose of this chapter and Sections 44-56-160 through 44-56-190; and  3. Inspect and obtain samples from any person of any wastes including samples from any vehicles in which wastes are being transported, as well as samples of any containers or labels. The Department shall provide a sample of equal volume or weight to the owner, operator or agent in charge upon request. The Department shall also provide the owner, operator, or agent in charge a copy of the results of any analyses of such samples.  (b) For the purpose of implementing necessary governmental response actions as provided in Section 44-56-180, the Department or its authorized representative may, at any time, enter the premises of any publicly or privately owned property which it has determined to be an uncontrolled hazardous waste site. The owner or operator of such site shall cooperate fully with the department when such governmental response actions are taken.  HISTORY: 1978 Act No. 436 Section 7; 1983 Act No. 151 Part II Section 31D.
SC Code § 44-56-100 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 56 - South Carolina Hazardous Waste Management Act|Section 44-56-100. Modification or revocation of orders to prevent violations of chapter.

 The board may issue, modify or revoke any order to prevent any violation of this chapter.  HISTORY: 1978 Act No. 436 Section 8.
SC Code § 44-56-110 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 56 - South Carolina Hazardous Waste Management Act|Section 44-56-110. Hearings.

 The department may hold public hearings and compel the attendance of witnesses; conduct studies, investigations, and research with respect to the operation and maintenance of any hazardous waste treatment or disposal facilities or sites and issue, deny, revoke, suspend or modify permits under such conditions as it may prescribe for the operation of hazardous waste treatment or disposal facilities or sites; provided, however, that no permit shall be revoked without first providing an opportunity for a hearing.  HISTORY: 1978 Act No. 436 Section 9.
SC Code § 44-56-120 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 56 - South Carolina Hazardous Waste Management Act|Section 44-56-120. Notification of department of identification and activity relating to hazardous wastes.

 Not later than ninety days after final promulgation or revision of regulations under Section 44-56-30 identifying by its characteristics or listing any substance as hazardous waste subject to this chapter, any person generating or transporting such substance or owning or operating a facility for treatment, storage, or disposal of such substance shall file with the department a notification stating the location and general description of such activity and the identified or listed hazardous waste handled by such person. Not more than one such notification shall be required to be filed with respect to the same substance. No identified or listed hazardous waste subject to this chapter may be transported, treated, stored, or disposed of unless notification has been given as required under this section.  HISTORY: 1978 Act No. 436 Section 14.
SC Code § 44-56-130 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 56 - South Carolina Hazardous Waste Management Act|Section 44-56-130. Unlawful acts.

 After the promulgation of the regulations required under Section 44-56-30:  (1) It shall be unlawful for any person to generate, store, transport, treat, or dispose of hazardous wastes in this State without reporting such activity to the department as required by such regulations.  (2) It shall be unlawful for any person to generate, store, transport, treat, or dispose of hazardous wastes in this State without complying with the procedures described in such regulations.  (3) It shall be unlawful for any person to fail to comply with this chapter and rules and regulations promulgated pursuant to this chapter; to fail to comply with any permit issued under this chapter; or to fail to comply with any order issued by the board, director, or department.  For the validity of (4) to (6), see Editors' Notes below.  (4) It is unlawful for any person who owns or operates a waste treatment facility within this State to accept any hazardous waste generated in any jurisdiction which prohibits by law the treatment of that hazardous waste within that jurisdiction or which has not entered into an interstate or regional agreement for the safe treatment of hazardous waste pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act. Written documentation demonstrating compliance with this item must be submitted to the department before the transportation of any hazardous waste into the State for treatment.  (5) It is unlawful for any person who owns or operates a waste storage facility within this State to accept any hazardous waste generated in any jurisdiction which prohibits by law the storage of that hazardous waste within that jurisdiction or which has not entered into an interstate or regional agreement for the safe storage of hazardous waste pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act. Written documentation demonstrating compliance with this item must be submitted to the department before the transportation of any hazardous waste into the State for storage.  (6) It is unlawful for any person who owns or operates a waste disposal facility within this State to accept any hazardous waste generated in any jurisdiction which prohibits by law the disposal of that hazardous waste within that jurisdiction or which has not entered into an interstate or regional agreement for the safe disposal of hazardous waste pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act. Written documentation demonstrating compliance with this item must be submitted to the department before the transportation of any hazardous waste into the State for disposal.  HISTORY: 1978 Act No. 436 Section 11; 1989 Act No. 196, Section 9; 1993 Act No. 181, Section 1135.  Validity  For the validity of (4) to (6) of this section, see Environmental Technologies Council v. State of South Carolina, 901 F.Supp. 1026 (D.S.C. 1995).
SC Code § 44-56-140 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 56 - South Carolina Hazardous Waste Management Act|Section 44-56-140. Violations; penalties.

 A. Whenever the department finds that any person is in violation of any permit, regulation, standard, or requirement under this Chapter, the department may issue an order requiring such person to comply with such permit, regulation, standard, or requirement, or the department may request that the Attorney General bring civil action for injunctive relief in the appropriate court; or, the department may request that the Attorney General bring civil enforcement action under subsection B of this section. Violation of any court order issued pursuant to this section shall be deemed contempt of the issuing court and punishable therefor as provided by law. The department may also invoke civil penalties as provided in this section for violations of the provisions of this chapter, including any order, permit, regulation or standard. Any person against whom a civil penalty is invoked by the department may appeal the decision of the department to the Court of Common Pleas in Richland County.  B. Any person who violates any provision of Section 44-56-130 shall be liable for a civil penalty not to exceed twenty-five thousand dollars per day of violation.  C. Any person who willfully violates any provision of Section 44-56-130 shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than twenty-five thousand dollars per day of violation or imprisoned for not more than one year or both, if the conviction is for a second or subsequent offense; the punishment shall be by a fine not to exceed fifty thousand dollars per day of violation, or imprisonment not to exceed two years, or both.  D. Each day of noncompliance with any order issued pursuant to this chapter, or noncompliance with any permit, regulation, standard or requirement pursuant to Section 44-56-130 shall constitute a separate offense.  E. The violations referred to in this section shall be reported by the department to the governing body of the county or municipality concerned within twenty-four hours.  HISTORY: 1978 Act No. 436 Section 12; 1981 Act No. 96, Section 2.
SC Code § 44-56-163 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 56 - South Carolina Hazardous Waste Management Act|Section 44-56-163. Pinewood Hazardous Waste Contingency Fund; Pinewood Development Fund.

 (A) There is created a Pinewood Hazardous Waste Contingency Fund to ensure the availability of funds for response actions necessary at the hazardous waste landfill located adjacent to the Town of Pinewood. This contingency fund is financed pursuant to Section 44-56-160(D). The monies from this fund must be returned to the governing body of the Town of Pinewood which must be used by its law enforcement, fire, health care, and emergency units to provide protection, assistance, and emergency preparedness for any contingency which might arise from the transportation and disposal site within the municipality. The State Treasurer shall disburse the funds quarterly to the governing body of the Town of Pinewood. Any interest accruing from the management of the funds held pursuant to Section 44-56-160 or this section must be credited to this contingency fund.  (B) There is created the Pinewood Development Fund in the Office of the State Treasurer. This fund must be financed through fees provided in Sections 44-56-170 and 44-56-510 and credited to this fund pursuant to Section 44-56-175. This fund must be used for economic development in the Pinewood area in Sumter or Clarendon County within a five-mile radius of the Pinewood Hazardous Waste Landfill. All funds in the Pinewood Development Fund, including interest earned on the fund, must be remitted quarterly by the State Treasurer to the City of Pinewood and expended pursuant to this subsection.  HISTORY: 1992 Act No. 501, Part II Section 18B; 1993 Act No. 164, Part II, Section 96B.
SC Code § 44-56-164 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 56 - South Carolina Hazardous Waste Management Act|Section 44-56-164. Pinewood Development Authority; creation; composition; purpose; powers.

 (A) There is created the Pinewood Development Authority a body politic and corporate. The authority shall consist of these ex officio members:  (1) the chairman of the Sumter County Council or a council member designated by the chairman;  (2) the chairman of the Clarendon County Council or a council member designated by the chairman;  (3) one member of the Sumter County Council who represents the geographical area within which this fund may be used for economic development;  (4) one member of the Clarendon County Council who represents the geographical area within which this fund may be used for economic development.  (B) The authority shall approve, by a majority vote, the expenditure of funds from the Pinewood Development Fund, as created in Section 44-56-164(B) and may acquire and develop real and personal property and exercise all powers incidental to developing the Pinewood area pursuant to Section 44-56-164(B).  HISTORY: 1993 Act No. 164, Part II, Section 96A.
SC Code § 44-56-165 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 56 - South Carolina Hazardous Waste Management Act|Section 44-56-165. Use of fees imposed under Section 44-56-170; hazardous waste reduction and minimization activities; enforcement of bans on certain acts.

 The fees imposed under Section 44-56-170(C) and (E), and distributed in accordance with Section 44-56-160(B)(3) must be used to fund hazardous waste reduction and minimization activities of the department. Funding for this activity is not limited to the amount collected annually and may be supported by general appropriation of the General Assembly. Aqueous wastes which are hazardous only because of pH are exempt from this fee if they are generated and treated on site in a permitted wastewater treatment plant. In addition to funding hazardous waste reduction and minimization activities, the fees also must be used to enforce the bans set forth in Section 44-56-130(4), (5), and (6).  HISTORY: 1989 Act No. 196, Section 4; 1992 Act No. 501, Part II Section 18C.
SC Code § 44-56-175 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 56 - South Carolina Hazardous Waste Management Act|Section 44-56-175. Crediting of fees imposed pursuant to Sections 44-56-170(C), (E), and (F) and 44-56-510.

 (A) Of the fees imposed pursuant to Section 44-56-170(C) and (E):  (1) eighty-three percent must be credited to the Hazardous Waste Contingency Fund;  (2) two percent must be credited to the Pinewood Development Fund; and  (3) fifteen percent must be credited to the general fund.  (B) Of the fees imposed pursuant to Section 44-56-510:  (1) fifty-three percent must be credited to the Hazardous Waste Contingency Fund;  (2) twenty percent must be credited to the Pinewood Development Fund; and  (3) twenty-seven percent must be credited to the general fund.  (C) All fees imposed pursuant to Section 44-56-170(F) must be credited to the general fund.  HISTORY: 1992 Act No. 501, Part II Section 18G.
SC Code § 44-56-180 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 56 - South Carolina Hazardous Waste Management Act|Section 44-56-180. Hazardous Waste Contingency Fund; suspension or reduction of fees on accumulation of fund.

 (a) In determining the use of the fund for a particular governmental response action, the department shall consider the relative risk of danger to public health or welfare or the environment and the hazard potential of the substances involved including potential for fire, explosions, release of harmful air contaminants, direct human contact, contamination of surface water or groundwater including those used for drinking water supplies, and damages to sensitive ecosystems. With approval of the Hazardous Waste Management Select Oversight Committee, as established under Section 44-56-840, funds specified for governmental response actions must be available to the department for personnel and operating costs to implement its program for conducting these response actions. The department must, concurrent with taking a governmental response action, initiate the appropriate administrative action to exhaust any applicable liability insurance or other financial assurance mechanisms which have been provided by the responsible party and, where appropriate, funds available through P.L. 96-510. Use of the Fund for a response action is not stayed by any action for recovery. The department must initiate any legal actions which reasonably may result in recovery from the parties liable for the conditions necessitating the response action. Any funds recovered in relation to a response action from whatever source are to be placed in the Fund.  (b) The Department shall annually make a report to the General Assembly on the activities and response actions that have been carried out under the auspices of the Contingency Fund. The Department shall annually provide a report to the committees of each House with oversight of industry and natural resources on its program to identify and clean up uncontrolled hazardous waste sites. The appropriate committees shall have the authority to study the transportation and disposal of hazardous waste in South Carolina.  HISTORY: 1980 Act No. 517 Part II, Section 15C; 1983 Act No. 151 Part II Section 31G; 1985 Act No. 140, Section 8; 1993 Act No. 164, Part II, Section 61A.
SC Code § 44-56-190 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 56 - South Carolina Hazardous Waste Management Act|Section 44-56-190. Hazardous Waste Contingency Fund; inconsistent regulations to be revised.

 The Department is directed to revise and amend the necessary provisions of R. 61-79 (DHED) which are contrary or inconsistent with the provisions of Sections 44-56-160 through 44-56-190.  HISTORY: 1980 Act No. 517 Part II, Section 15D; 1983 Act No. 151 Part II Section 31H.
SC Code § 44-56-205 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 56 - South Carolina Hazardous Waste Management Act|Section 44-56-205. Facilities to give preference to waste generators within the State.

 All hazardous waste treatment and disposal facilities in South Carolina shall give preference to hazardous waste generators within the State of South Carolina for treatment and disposal of hazardous materials at licensed facilities in the State.  HISTORY: 1989 Act No. 196, Section 5.  Validity  For the validity of this section, see Environmental Technologies Council v. State of South Carolina, 901 F.Supp. 1026 (D.S.C. 1995).
SC Code § 44-56-210 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 56 - South Carolina Hazardous Waste Management Act|Section 44-56-210. Appointment of full-time health inspectors.

 The Department of Health and Environmental Control, in its discretion, shall assign not more than two full-time health inspectors to serve at each commercial hazardous waste treatment, storage, and disposal facility located in South Carolina for the purpose of assuring the protection of the health and safety of the public by monitoring the receipt and handling of hazardous waste at these sites. For any facilities to which a full-time inspector is not assigned, there must be one or more inspectors who shall monitor these facilities on a rotating basis.  The department shall implement a fee schedule to cover the costs of implementing this inspection program and the fees must be collected by the facilities from the hazardous waste generators utilizing these sites.  HISTORY: 1983 Act No. 64; 1990 Act No. 612, Part II, Section 73; 1991 Act No. 171, Part II, Section 42A.
SC Code § 44-56-215 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 56 - South Carolina Hazardous Waste Management Act|Section 44-56-215. Assessment of fees against companies generating hazardous waste.

 The department is authorized to assess each company generating hazardous waste a fee based on the amount of hazardous waste generated. A large quantity generator, as determined by Regulation 61-79.262, producing more than one hundred tons of hazardous waste per year shall be assessed an annual base fee of one thousand dollars per facility and a one dollar and fifty cents per ton fee for all hazardous waste the company generates. A large quantity generator producing one hundred tons or less of hazardous waste shall be assessed an annual fee of one thousand dollars. A small quantity generator shall be assessed an annual fee of five hundred dollars. Fees collected pursuant to this section shall not exceed an annual cost of fifteen thousand dollars per generator. Companies subject to fees required by Section 44-56-170(F)(1) are exempt from fees established by this section. The fees collected pursuant to this section shall be deposited to the Hazardous Waste Contingency Fund for response actions at uncontrolled hazardous waste sites.  HISTORY: 2008 Act No. 353, Section 2, Pt 5F.1, eff July 1, 2008.
SC Code § 44-56-220 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 56 - South Carolina Hazardous Waste Management Act|Section 44-56-220. Information requirements of entity providing financial assurance for hazardous waste treatment or disposal facility or site.

 (A) Upon written request of the department, the entity providing financial assurance for a hazardous waste treatment or disposal facility or site regulated under this chapter shall furnish to the department information concerning its financial integrity, as shall be specified in the department's request to permit the department to review the nature, degree, and sufficiency of the financial assurances submitted by such entity. Information pertaining to the financial integrity of any parent, subsidiary, or affiliated corporations may also be required, in the event such parent, subsidiary, or affiliated corporation provides, in whole or in part, the financial assurances required by the department. The information required by this subsection may include, but not be limited to, a certified audited financial statement, a balance sheet, and a profit and loss statement.  (B) If, in the judgment of the department, the information referred to in subsection (A) is not furnished within a reasonable time or if so furnished is not satisfactory to the department, the department shall give by written notice to such entity the particulars in which such information is insufficient to permit the department to review the nature, extent, and sufficiency of the required financial assurance and such entity shall have a reasonable time in which to comply with the requirements of such notice in the particulars therein mentioned.  (C) If it is desired for any reason to verify the information furnished under subsection (A) or (B), the department in person or by its agents shall make such examination of the records of and such inspections of the properties of the entities referred to in subsection (A) as shall be necessary to procure the information required. Upon sufficient notice, the department may require the production of the desired writings and records and the attendance and testimony under oath of the officers, accountants, or other agents of the parties having knowledge thereof at such place as the department may designate. The expense of the necessary examination or inspection for the procuring of the information must be paid by the party so examined or inspected. The expenses may be collected by suit or action, if necessary, except that if the examination and inspection and reports thereof disclose that a sufficient response had previously been made pursuant to the requirements of the department in regard thereto the expense of making the examination and inspection must be paid out of the funds of the department.  HISTORY: 1989 Act No. 196, Section 1.
SC Code § 44-56-310 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 56 - South Carolina Hazardous Waste Management Act|Section 44-56-310. Definitions.

 As used in this article:  (A) "Discharge" means leakage, seepage, or other release.  (B) "Hazardous materials" means all materials and substances defined as hazardous by any state or federal law or regulation.  (C) "Person" means any individual, partnership, corporation, association, or other entity.  HISTORY: 1984 Act No. 397, Section 1.
SC Code § 44-56-320 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 56 - South Carolina Hazardous Waste Management Act|Section 44-56-320. Attempts to mitigate effects of discharge; immunity.

 Any person who in good faith gratuitously provides assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous materials, or in preventing, cleaning up, or disposing of or in attempting to prevent, clean up, or dispose of any such discharge, is not subject to civil damages unless an injury or damages result from the gross negligence, recklessness, or intentional misconduct of such person.  HISTORY: 1984 Act No. 397, Section 2.