reglab/housing_qa huggingface dataset:
SC Code § 48-2-30 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 2 - Environmental Protection Funds|Section 48-2-30. Environmental Protection Fund established; sources of funds; accounting; investment and interest; allowable expenditures.

 (A) There is established within the Treasurer's Office an agency-restricted, interest-bearing account to be known as the South Carolina Environmental Protection Fund.  (B) Notwithstanding any provision of law to the contrary, there must be deposited in the fund all fees as authorized by this article to be collected for the following environmental programs administered by the department, including fees for environmental permits, licenses, certificates, and registrations:  (1) Pollution Control Act;  (2) Clean Air Act;  (3) Safe Drinking Water Act;  (4) Hazardous Waste Management Act;  (5) Atomic Energy Act;  (6) Oil and Gas Act;  (7) any environmental program for which applicable federal law requires the establishment and collection of fees.  (8) Surface Water Withdrawal, Permitting, Use, and Reporting Act.  (C) The department shall maintain separate accounting for the monies collected and expended under each of the acts enumerated in subsection (B).  (D) Unencumbered monies and any unexpended balance of the fund remaining at the end of a fiscal year do not revert to the general fund but must be carried forward and maintained in separate accounts until expended in accordance with this article.  (E) Interest accruing on investments and deposits of the fund must be credited to the general fund.  (F) Monies in the fund must be invested by the State Treasurer for the benefit of the fund. The fund must be administered by the appropriate program area within the department.  (G) Monies in the fund may be expended only in accordance with annual appropriations approved by the General Assembly, except as otherwise authorized under Section 48-2-60.  HISTORY: 1993 Act No. 122, Section 2; 2010 Act No. 247, Section 2, eff January 1, 2011.  Effect of Amendment  The 2010 amendment added item (B)(8), relating to the Surface Water Withdrawal, Permitting, Use, and Reporting Act.
SC Code § 48-2-40 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 2 - Environmental Protection Funds|Section 48-2-40. Purpose and uses of fund.

 The fund is available to the department to help defray the costs of administering the regulatory programs under each act enumerated in Section 48-2-30(B). The monies must be used for improved performance in permitting, certification, licensing, monitoring, investigating, enforcing, and administering the department's functions under these acts. Monies collected pursuant to the Federal Clean Air Act may be used as necessary to administer the Small Business Stationary Source Technical and Environmental Compliance Assistance Program, support staff, equipment, legal services, contracts with consultants, and program expenses as listed in Title V of the 1990 amendments to the Federal Clean Air Act.  HISTORY: 1993 Act No. 122, Section 2.
SC Code § 48-2-60 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 2 - Environmental Protection Funds|Section 48-2-60. Challenges to fees; petition, hearing, and determination of challenge.

 A person required to pay the fees set forth in this article who disagrees with the calculation or applicability of the fee may petition the department for a hearing by submitting a petition setting forth the fee which is challenged, the grounds on which relief is sought, and the total amount of the fee due. The petition and the fee must be received by the department no later than thirty days after the due date. The hearing must be conducted in accordance with contested case provisions set forth in the Administrative Procedures Act and department regulations. If it is finally determined that the amount in dispute was improperly assessed, the department shall return the amount determined to be improperly assessed with interest not to exceed the statutory rate.  HISTORY: 1993 Act No. 122, Section 2.
SC Code § 48-2-70 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 2 - Environmental Protection Funds|Section 48-2-70. Processing of permit applications; maximum time for review.

 Under each program for which a permit processing fee is established pursuant to this article, the promulgating authority also shall establish by regulation a schedule for timely action by the Department of Health and Environmental Control on permit applications under that program. These schedules shall contain criteria for determining in a timely manner when an application is complete and the maximum length of time necessary and appropriate for a thorough and prompt review of each category of permit applications and shall take into account the nature and complexity of permit application review required by the act under which the permit is sought. If the department fails to grant or deny the permit within the time frame established by regulation, the department shall refund the permit processing fee to the permit applicant.  HISTORY: 1993 Act No. 122, Section 2.
SC Code § 48-2-80 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 2 - Environmental Protection Funds|Section 48-2-80. Fees do not reduce general fund appropriations; limitation on amount of fees that may be collected in any fiscal year.

 Fees collected pursuant to Section 48-2-50 do not supplant or reduce in any way the general fund appropriation to the department from the state or federal program; and the total amount of fees authorized by this article collected in any fiscal year, may not exceed thirty-three and one-third percent of the "Total Funds" appropriated to the Office of Environmental Quality Control in the annual appropriations act.  HISTORY: 1993 Act No. 122, Section 2.
SC Code § 48-2-90 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 2 - Environmental Protection Funds|Section 48-2-90. Department may establish applicable federal requirements; use of federal fee caps; federal requirements prevail over conflicting provisions of article.

 If the requirements of this article are not in agreement with applicable federal requirements pertaining to the establishment and collection of fees as authorized by this article, the federal requirements take precedence. The department has the authority to establish, by regulation, applicable federal requirements. A permissible maximum fee or cap on a fee authorized by federal law or regulation, or both, must be used by the department.  HISTORY: 1993 Act No. 122, Section 2.
SC Code § 48-2-310 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 2 - Environmental Protection Funds|Section 48-2-310. Citation of act.

 This article may be cited as the "Environmental Emergency Fund Act".  HISTORY: 2000 Act No. 282, Section 1.
SC Code § 48-2-320 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 2 - Environmental Protection Funds|Section 48-2-320. Definitions.

 As used in this article:  (1) "Commissioner" means the Commissioner of the Department of Health and Environmental Control.  (2) "Department" means the Department of Health and Environmental Control.  (3) "Environmental Emergency" means a situation, to be determined by the commissioner, that constitutes an immediate threat to the environment or public health, or both, and providing immediate, but temporary relief to the situation may require the expenditure of funds to effect a solution, provide temporary relief, or retain the services of appropriate technical personnel or contractors.  (4) "Fund" means the "Environmental Emergency Fund" established pursuant to this article.  (5) "Responsible party" means a person determined to be legally responsible for any environmental pollution or threat to public health which requires expenditures from the fund.  HISTORY: 2000 Act No. 282, Section 1.
SC Code § 48-2-330 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 2 - Environmental Protection Funds|Section 48-2-330. Fund created; deposit of fines and penalties; maximum; interest.

 (A) There is created within the Department of Health and Environmental Control a restricted account to be known as the Environmental Emergency Fund.  (B) The fund must be financed through the collection and deposit of fines and penalties levied by the department. However, a fine or penalty collected under any statute which provides explicitly for distribution of the fine or penalty, other than to the general fund including, but not limited to, those penalties distributed to the counties pursuant to Section 48-1-350, must not be deposited in the fund.  (C) Fines and penalties must be credited to the fund until the fund reaches two hundred fifty thousand dollars, at which time all subsequent fines and penalties must be deposited to the general fund or as otherwise prescribed by law. At no time shall the balance in the fund exceed two hundred fifty thousand dollars, and no more than two hundred fifty thousand dollars may be deposited to the fund in any fiscal year.  (D) Interest accruing to the fund must be remitted to the general fund of the State.  HISTORY: 2000 Act No. 282, Section 1.
SC Code § 48-2-340 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 2 - Environmental Protection Funds|Section 48-2-340. Certification of necessity of funding for specific emergency; accounting; recovery of costs.

 (A) The department, through the commissioner or the commissioner's designee, shall certify that funding for a specific emergency was necessary to protect the environment or public health, or both. Annually, the department shall prepare an independent accounting of all revenue in the fund. The report must be submitted to the chairman of the Board of the Department of Health and Environmental Control and must be made available to the public upon request.  (B) Nothing in this section precludes the department from seeking appropriate enforcement action, including civil penalties and recovery of costs expended from the fund, against a party determined to be responsible for the environmental emergency. Costs recovered pursuant to an enforcement action must be deposited in the fund in accordance with the limitation prescribed in Section 48-2-330.  HISTORY: 2000 Act No. 282, Section 1.
SC Code § 48-3-20 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 3 - Pollution Control Facilities|Section 48-3-20. Powers of counties and incorporated municipalities generally.

 Subject to obtaining approvals from the State Fiscal Accountability Authority and the Department required by Sections 48-3-140 and 48-3-60, the several counties and incorporated municipalities of the State functioning through their respective governing boards shall be empowered: (1) to enter into agreements with any industry to construct and thereafter operate, maintain and improve pollution control facilities; (2) to enter into loan agreement with such industry prescribing the terms and conditions of the payments to be made by the industry to the county or the incorporated municipality, or its assignee, to meet the payments that shall become due on bonds; (3) to issue bonds for the purpose of defraying the cost of acquiring by construction and purchase pollution control facilities or to issue bonds for any enlargement, improvement or expansion of any then existing pollution control facility and to secure the payment of such bonds as hereafter provided; and (4) to accept any State or Federal grant that might become applicable to defray any portion of the cost of any pollution control facility.  HISTORY: 1962 Code Section 63-195.52; 1971 (57) 134.  Code Commissioner's Note  At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
SC Code § 48-3-40 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 3 - Pollution Control Facilities|Section 48-3-40. Security for bonds.

 The principal, interest and premium, if any, on any bonds shall be secured by a pledge of the revenues payable to the county or the incorporated municipality, as the case may be, pursuant to the loan agreement and may also be secured by a lien on any property given as security by the industry pursuant to the loan agreement and any bonds may be issued pursuant to and secured by a trust indenture. The proceedings under which bonds are authorized to be issued or any such trust indenture may contain any agreements and provisions customarily contained in instruments securing bonds, including, without limiting the generality of the foregoing, provisions respecting the fixing and collection of the sums payable by the industry to the county or the incorporated municipality, as the case may be, pursuant to the loan agreement, the maintenance and insurance of the pollution control facilities, the creation and maintenance of special funds by the industry, and the rights and remedies available in the event of default to the bondholders or to the trustee under such trust indenture, all as the governing board shall deem advisable. Provided, however, that in making any such agreements or provisions no county or incorporated municipality shall have the power to obligate itself except with respect to any security pledged, mortgaged or otherwise made available by the industry for the securing of the bonds, and the application of the revenues from the loan agreement, and shall not have the power to incur a pecuniary liability or a charge upon its general credit or against its taxing powers. The proceedings authorizing any bonds hereunder and any trust indenture securing such bonds may provide that in the event of default in payment of the principal of or the interest on such bonds or in the performance of any agreement contained in such proceedings or trust indenture, such payment and performance may be enforced by mandamus or by the appointment of a receiver in equity with such powers as may be necessary to enforce the obligations thereof. No breach of any such agreement shall impose any pecuniary liability upon any county or incorporated municipality, as the case may be, or any charge upon its general credit or against its taxing power.  The trustee or trustees under any trust indenture, or any depository specified by such trust indenture, may be such persons or corporations as the governing board shall designate, notwithstanding that they may be nonresidents of South Carolina or incorporated under the laws of the United States or the laws of other states of the United States.  HISTORY: 1962 Code Section 63-195.54; 1971 (57) 134.
SC Code § 48-3-50 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 3 - Pollution Control Facilities|Section 48-3-50. Letting of contracts for construction of pollution control facilities.

 Contracts for the construction of any pollution control facilities may be let on such terms and under such conditions as the governing board and the industry agree upon and may be let with or without advertisement or call for bids.  HISTORY: 1962 Code Section 63-195.55; 1971 (57) 134.
SC Code § 48-3-60 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 3 - Pollution Control Facilities|Section 48-3-60. Finding of necessity by department prerequisite to undertaking financing of facility.

 Prior to undertaking the financing of any pollution control facility the governing board shall obtain from the Department a finding that the pollution control facilities are necessary and that the design thereof will result in the elimination, mitigation and prevention of air or water pollution.  HISTORY: 1962 Code Section 63-195.56; 1971 (57) 134.
SC Code § 48-3-70 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 3 - Pollution Control Facilities|Section 48-3-70. Required provisions in loan agreements; provision for additional parity bonds.

 Every loan agreement shall contain a covenant obligating the industry to effect the completion of the pollution control facilities if the proceeds of the bonds prove insufficient, and each such loan agreement shall obligate the industry to make payments which shall be sufficient (a) to pay the principal of and interest on the bonds issued for such pollution control facilities, (b) to build up and maintain any reserves deemed by the governing board to be advisable in connection therewith, and (c) to pay the costs of maintaining the pollution control facilities in good repair and the cost of keeping it properly insured. The loan agreement may provide for the issuance of additional parity bonds as required in order to complete the pollution control facility.  HISTORY: 1962 Code Section 63-195.57; 1971 (57) 134.
SC Code § 48-3-80 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 3 - Pollution Control Facilities|Section 48-3-80. Optional provisions in loan agreements.

 Any loan agreement may provide that the pollution control facilities will be owned by the county or incorporated municipality, as the case may be, and leased to the industry; may provide the industry with an option to purchase the pollution control facility upon such terms and conditions as the governing board and the industry shall agree upon at a price which may be a nominal amount or less than the true value at the time of purchase; or may provide that the pollution control facilities shall become the property of the industry upon the acquisition thereof. Any loan agreement may also include a guaranty agreement whereby a corporation, foreign or domestic, other than the industry guarantees in whole or in part the obligations of the industry under the loan agreement upon such terms and conditions as the governing board may deem appropriate.  HISTORY: 1962 Code Section 63-195.58; 1971 (57) 134.
SC Code § 48-3-90 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 3 - Pollution Control Facilities|Section 48-3-90. Use of proceeds from sale of bonds.

 The proceeds from the sale of any bonds issued under authority of this chapter shall be applied only for the purpose for which the bonds were issued; provided, however, that any premium and accrued interest received in any such sale shall be applied to the payment of the principal of or the interest on the bonds sold; and provided, further, that if for any reason any portion of the proceeds shall not be needed for the purpose for which the bonds were issued, such unneeded portion of the proceeds shall be applied to the payment of the principal of or interest on the bonds. The cost of acquiring any pollution control facilities shall be deemed to include the following: The actual cost of the construction of any part of any pollution control facilities which may be constructed, including architect's and engineers' fees; the purchase price of any land necessary therefor; the purchase price of any part of any pollution control facilities that may be acquired by purchase; all expenses in connection with the authorization, sale and issuance of the bonds to finance such acquisition; and the interest on the bonds for a reasonable time prior to construction, during construction, and for not exceeding one year after completion of the construction.  HISTORY: 1962 Code Section 63-195.59; 1971 (57) 134.
SC Code § 48-3-100 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 3 - Pollution Control Facilities|Section 48-3-100. Refunding bonds.

 Any bonds issued hereunder and at any time outstanding may at any time and from time to time be refunded by the county or the incorporated municipality, as the case may be, but only with the approval of the State Fiscal Accountability Authority being first obtained, by the issuance of its refunding bonds in such amount as the governing board may deem necessary but not exceeding an amount sufficient to refund the principal of the bonds to be refunded, together with any unpaid interest thereon and any premiums, expenses, and commissions necessary to be paid in connection therewith. Any such refunding may be effected whether the bonds to be refunded have matured or shall thereafter mature, either by sale of the refunding bonds and the application of the proceeds for the payment of the bonds to be refunded, or by exchange of the refunding bonds for the bonds to be refunded thereby; provided, that the holders of any bonds to be refunded shall not be compelled without their consent to surrender their bonds for payment or exchange prior to the date on which they are payable, or, if they are called for redemption, prior to the date on which they are by their terms subject to redemption. All refunding bonds issued under the authority of this chapter shall be payable in the same manner and under the same terms and conditions as are herein provided for the issuance of bonds. In addition to the powers herein granted for the issuance of refunding bonds any governing board may avail itself of the provision of Sections 11-21-10 to 11-21-80, (the Advanced Refunding Act).  HISTORY: 1962 Code Section 63-195.60; 1971 (57) 134.  Code Commissioner's Note  At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
SC Code § 48-3-110 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 3 - Pollution Control Facilities|Section 48-3-110. Investment in bonds legal.

 It shall be lawful for all executors, administrators, guardians, committees and other fiduciaries to invest any moneys in their hands in bonds issued under the provisions of this chapter.  HISTORY: 1962 Code Section 63-195.61; 1971 (57) 134.
SC Code § 48-3-120 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 3 - Pollution Control Facilities|Section 48-3-120. Exemptions from taxation generally.

 The bonds authorized by this chapter and the income therefrom, all trust indentures and mortgages executed as security therefor, all lease agreements made pursuant to the provisions hereof, and the revenues derived from any loan agreement thereof shall be exempt from all taxation in the State of South Carolina except for inheritance, estate or transfer taxes; and all trust indentures, mortgages and loan agreements made pursuant to the provisions of this chapter shall be exempt from South Carolina stamp and transfer taxes.  HISTORY: 1962 Code Section 63-195.62; 1971 (57) 134; 1975 (59) 61.