reglab/housing_qa huggingface dataset:
SC Code § 48-56-100 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 56 - Innovation In Environmental Approaches|Section 48-56-100. Force and effect of cooperative agreements.

 (A) A cooperative agreement has the same force and effect as any approvals identified as being replaced by the cooperative agreement. A provision of an approval that is identified under Section 48-56-20 as being replaced by the cooperative agreement is superseded by the cooperative agreement from the effective date of the initial or renewed agreement until it is amended, revoked, or expired.  (B) Notwithstanding any other provision of this chapter, no agreement entered into by the department may allow a participant to cause an unauthorized release or discharge in violation of South Carolina environmental laws.  HISTORY: 2002 Act No. 318, Section 1.
SC Code § 48-56-110 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 56 - Innovation In Environmental Approaches|Section 48-56-110. Fees.

 A participant shall pay the same fees required under South Carolina environmental law that it would be required to pay if it had not entered into a cooperative agreement.  HISTORY: 2002 Act No. 318, Section 1.
SC Code § 48-56-120 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 56 - Innovation In Environmental Approaches|Section 48-56-120. Reporting requirements; notification requirements for changes to amount or content of discharge or emission.

 (A) Reports submitted under a cooperative agreement fulfill the reporting requirements under South Carolina environmental law relating to the facility, activities, and pollutants that are covered by the cooperative agreement, except for any requirements for immediate reporting.  (B) A participant shall notify the department if it wishes to increase the amount of a discharge or emission or commence the discharge or emission of a pollutant from a covered facility that was not provided for in the cooperative agreement at the time it became effective. The notification shall describe any proposed facility expansion, production increases or process modifications that would result in the increased or new discharge or emission and shall state the identity and quantity of the pollutant planned to be emitted or discharged. If the increased or new discharge or emission is not authorized under the cooperative agreement, the department may amend the cooperative agreement or require the participant to obtain an approval if an approval is required under South Carolina environmental law.  HISTORY: 2002 Act No. 318, Section 1.
SC Code § 48-56-130 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 56 - Innovation In Environmental Approaches|Section 48-56-130. Reports of performance evaluations revealing violations.

 A participant shall submit a report to the department within 14 days after completion of a performance evaluation if the performance evaluation reveals violations at a facility covered by a cooperative agreement. The report shall contain a:  (1) description of the performance evaluation, including who conducted the performance evaluation, when it was completed, what activities and operations were examined and the results of the performance evaluation;  (2) description of any violations revealed by the performance evaluation;  (3) description of the actions the participant is taking or is proposing to take to diligently correct the violations within a reasonable period of time;  (4) proposed compliance schedule for correcting the violations;  (5) description of the measures that the participant has taken or will take to prevent future violations.  HISTORY: 2002 Act No. 318, Section 1.
SC Code § 48-56-140 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 56 - Innovation In Environmental Approaches|Section 48-56-140. Review of proposed corrective actions and compliance schedule; revocation or amendment of cooperative agreements; factors for approval of compliance schedule.

 (A) The department shall review the report, the actions, or proposed actions to correct the violations and the proposed compliance schedule. The department may:  (1) approve the actions and the compliance schedule as submitted;  (2) propose different actions or compliance schedule; or  (3) disapprove the proposed actions or compliance schedule.  (B) If the department and the participant do not reach an agreement on the actions to correct the violations or on a compliance schedule or the department disapproves the use of a compliance schedule, the department may initiate procedures to revoke the cooperative agreement and may commence an enforcement action.  (C) If the parties reach agreement, the department may amend the cooperative agreement to incorporate the actions to correct the violations and the compliance schedule.  (D) The department may consider these factors in determining whether to approve a compliance schedule:  (1) environmental and public health consequences of the violations;  (2) time needed to implement a change in raw materials or method of production if that change is an available alternative to other approaches for correcting the violations; and  (3) time needed to purchase any equipment or supplies that are needed to correct the violations.  HISTORY: 2002 Act No. 318, Section 1.
SC Code § 48-56-150 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 56 - Innovation In Environmental Approaches|Section 48-56-150. Enforcement actions.

 (A) If the participant diligently pursues compliance and corrects the violations that are disclosed in a report in accordance with Sections 48-56-130 and 48-56-140, the department may not commence an enforcement action for the violations.  (B) The department may not commence an enforcement action for violations covered by a compliance schedule that is approved under Section 48-56-140 during the period of the compliance schedule if the participant is not in violation of the schedule. If the participant violates the compliance schedule, the department may initiate procedures to revoke the cooperative agreement and may commence an enforcement action for the violations.  (C) Notwithstanding subsection (A), the department may at any time commence an enforcement action for violations if:  (1) significant environmental harm or a public health threat was caused by the violation;  (2) the department discovers the violations before submission of a report under Section 48-56-130;  (3) the department disapproves the compliance schedule or proposed actions under Section 48-56-140;  (4) the violation has resulted in a substantial economic benefit which gives the violator a clear economic advantage over its business competitors;  (5) the violation occurred within one year of a similar prior violation at the same facility;  (6) there is a violation of a judicial or administrative order against the facility; or  (7) the violation was committed intentionally, wilfully, or through criminal or gross negligence.  HISTORY: 2002 Act No. 318, Section 1.
SC Code § 48-56-160 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 56 - Innovation In Environmental Approaches|Section 48-56-160. Disclosure of records and reports.

 (A) Except as provided in subsection (B), the department shall make any record, report, or other information obtained in the administration of this section available to the public pursuant to the South Carolina Freedom of Information Act.  (B) The department shall keep confidential any part of a record, report, or other information obtained in the administration of this section, other than emission data, discharge data, or information contained in a cooperative agreement, upon a showing satisfactory to the department by any person that the part of a record, report, or other information would, if made public, divulge a method or process that is entitled to protection as a trade secret, as defined in Section 30-4-40, of that person.  (C) If the department refuses to release information on the grounds that it is confidential under subsection (B) and a person challenges that refusal, the department shall inform the applicant or participant of that challenge. Unless the applicant or participant authorizes the department to release the information, the applicant or participant shall pay the reasonable costs incurred by this State to defend the refusal to release the information.  (D) Subsection (B) does not prevent the disclosure of any information to a representative of the department for the purpose of administering this chapter.  HISTORY: 2002 Act No. 318, Section 1.
SC Code § 48-57-10 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 57 - Environmental Audit Privilege And Voluntary Disclosure|Section 48-57-10. Purpose.

 (A) The General Assembly finds that the protection of the environment rests principally on the public's voluntary compliance with environmental laws; that voluntary compliance is most effectively achieved through the implementation of regular self-evaluative activities such as audits of compliance status and management systems to assure compliance; and that it is in the public's interest to encourage these activities by assuring limited protection of audit findings and of fair treatment of those who report an environmental compliance violation or audit findings to regulatory authorities in accordance with Section 48-57-100. In order to encourage owners and operators of facilities and persons conducting other activities regulated under federal, state, regional, or local laws to conduct voluntary internal environmental audits of compliance programs or management systems and to assess and improve compliance with these laws, an environmental audit privilege is established and recognized to protect the confidentiality of communications relating to voluntary internal environmental audits and a limited protection from penalties is established for those who disclose an environmental compliance violation or audit findings to regulatory authorities.  (B) Notwithstanding any other provisions of law, nothing in this chapter shall be construed to protect individuals, entities, or facilities from a criminal investigation or prosecution carried out by any appropriate governmental entity.  (C) Notwithstanding any other provision of law, any privilege granted by this chapter shall apply only to those communications, oral or written, pertaining to and made in connection with the self-audit and shall not apply to the facts relating to the violation itself.  HISTORY: 1996 Act No. 384, Section 2; 2000 Act No. 270, Section 1.
SC Code § 48-57-20 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 57 - Environmental Audit Privilege And Voluntary Disclosure|Section 48-57-20. Definitions.

 As used in this chapter:  (1) "Department" means the South Carolina Department of Health and Environmental Control.  (2) "Environmental audit" means a voluntary, internal evaluation or review of one or more facilities or an activity at one or more facilities regulated under federal, state, regional, or local environmental law, or of compliance programs, or management systems related to the facility or activity if designed to identify and prevent noncompliance and to improve compliance with these laws. For the purposes of this act, an environmental audit does not include an environmental site assessment of a facility conducted solely in anticipation of the purchase, sale, or transfer of the business or facility. An environmental audit may be conducted by the owner or operator, the parent corporation of the owner or operator or by their officers or employees, or by independent contractors. An environmental audit must be a discrete activity with a specified beginning date and scheduled ending date reflecting the auditor's bona fide intended completion schedule.  (3) "Environmental audit report" means a document marked or identified as such with a completion date existing either individually or as a compilation prepared in connection with an environmental audit. An environmental audit report may include, but is not limited to, field notes and records of observations, findings, opinions, suggestions, recommendations, conclusions, drafts, memoranda, drawings, photographs, computer-generated or electronically-recorded information, maps, charts, graphs, and surveys, provided the supporting information is collected or developed for the primary purpose and in the course of an environmental audit. An environmental audit report, when completed, may have these components:  (a) an audit report prepared by an auditor, which may include the scope and date of the audit and the information gained in the audit, together with exhibits and appendices and may include conclusions and recommendations;  (b) memoranda and documents analyzing the report and discussing implementation issues;  (c) an audit implementation plan that addresses correcting past noncompliance, improving current compliance, and preventing future noncompliance.  (4) "Environmental laws" means all provisions of federal, state, regional, and local laws, regulations, and ordinances pertaining to environmental matters.  HISTORY: 1996 Act No. 384, Section 2; 2000 Act No. 270, Section 1.
SC Code § 48-57-40 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 57 - Environmental Audit Privilege And Voluntary Disclosure|Section 48-57-40. Waiver of privilege.

 (A) The privilege provided for in Section 48-57-30 does not apply to the extent that it is expressly waived in writing by the owner or operator of a facility at which an environmental audit was conducted and who prepared or caused to be prepared the audit report as a result of the audit.  (B) The audit report and information generated by the audit may be disclosed without waiving the privilege in Section 48-57-30 to:  (1) a person employed by the owner or operator or the parent corporation of the audited facility;  (2) a legal representative of the owner or operator or parent corporation; or  (3) an independent contractor retained by the owner or operator or parent corporation to conduct an audit on or to address an issue or issues raised by the audit.  (C) Disclosure of an audit report or information generated by the audit under these circumstances does not waive the privilege in Section 48-57-30:  (1) disclosure made under the terms of a confidentiality agreement between the owner or operator of the facility audited and a potential purchaser of the business or facility audited;  (2) disclosure made under the terms of a confidentiality agreement between governmental officials and the owner or operator of the facility audited;  (3) disclosure made under the terms of a confidentiality agreement between a customer, lending institution, or insurance company with an existing or proposed relationship with the facility.  HISTORY: 1996 Act No. 384, Section 2; 2000 Act No. 270, Section 1.
SC Code § 48-57-45 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 57 - Environmental Audit Privilege And Voluntary Disclosure|Section 48-57-45. Notification of audit.

 In order to assert at any time in the future the privilege established in Section 48-57-30, the facility conducting the environmental audit shall, upon inspection by the department of the facility or no later than ten working days after completion of the department's inspection, notify the department of the existence of any audit relevant to the subject of the department's inspection as well as the beginning date and completion date of that audit. A responsible official from the facility or company shall certify by his or her signature in writing on the cover of the audit report the beginning date, the anticipated completion date, and the actual completion date of the audit.  HISTORY: 1996 Act No. 384, Section 2; 2000 Act No. 270, Section 1.
SC Code § 48-57-50 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 57 - Environmental Audit Privilege And Voluntary Disclosure|Section 48-57-50. Revocation of privilege in administrative proceedings.

 In an administrative proceeding before an administrative law judge, the department may seek by motion a declaratory ruling on the issue of whether an environmental audit report is privileged. The administrative law judge shall revoke the privilege granted in Section 48-57-30 to an audit report if the factors set forth in this section apply. In a civil proceeding, the court, after an in camera review, shall revoke the privilege provided for in Section 48-57-30 if the court determines that disclosure of the environmental audit report was sought after the effective date of this chapter, and:  (1) the privilege is asserted for purposes of deception or evasion; or  (2) even if subject to the privilege provided for in Section 48-57-30:  (a) the material shows evidence of significant noncompliance with applicable environmental laws;  (b) the owner or operator of the facility has not promptly initiated and pursued with diligence appropriate action to achieve compliance with these environmental laws or has not made reasonable efforts to complete any necessary permit application; and  (c) as a result, the owner or operator of the facility did not or will not achieve compliance with applicable environmental laws or did not or will not complete the necessary permit application within a reasonable period of time.  HISTORY: 1996 Act No. 384, Section 26; 2000 Act No. 270, Section 1.
SC Code § 48-57-60 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 57 - Environmental Audit Privilege And Voluntary Disclosure|Section 48-57-60. Privilege in criminal proceedings.

 The privilege provided for in Section 48-57-30 is not applicable in any criminal proceeding.  HISTORY: 1996 Act No. 384, Section 2; 2000 Act No. 270, Section 1.
SC Code § 48-57-70 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 57 - Environmental Audit Privilege And Voluntary Disclosure|Section 48-57-70. Burden of proof.

 A party asserting the privilege provided for in Section 48-57-30 has the burden of proving that the materials claimed as privileged constitute an environmental audit report as defined by Section 48-57-20 and also of proving that compliance has been achieved or will be achieved through the exercise of best efforts. A party seeking disclosure under Section 48-57-50 has the burden of proving the condition for disclosure set forth in that section.  HISTORY: 1996 Act No. 384, Section 2; 2000 Act No. 270, Section 1.
SC Code § 48-57-80 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 57 - Environmental Audit Privilege And Voluntary Disclosure|Section 48-57-80. Stipulations; declaratory rulings.

 The parties may at any time stipulate to entry of an order directing that specific information contained in an environmental audit report is or is not subject to the privilege. In the absence of an on-going proceeding, where the parties are not in agreement, the department may seek a declaratory ruling from the circuit court on the issue of whether the materials are privileged under Section 48-57-30 and whether the privilege, if existing, should be revoked pursuant to Section 48-57-50.  HISTORY: 1996 Act No. 384, Section 2; 2000 Act No. 270, Section 1.
SC Code § 48-57-90 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 57 - Environmental Audit Privilege And Voluntary Disclosure|Section 48-57-90. Construction.

 Nothing in this chapter limits, waives, or abrogates:  (1) the scope or nature of any statutory or common law privilege, including the work-product privilege or the attorney-client privilege;  (2) any existing ability or authority under state law to challenge privilege; or  (3) the department's authority to obtain or use documents or information that the department otherwise has the authority to obtain under state regulations promulgated pursuant to federally-approved programs.  HISTORY: 1996 Act No. 384, Section 2; 2000 Act No. 270, Section 1.
SC Code § 48-57-110 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 57 - Environmental Audit Privilege And Voluntary Disclosure|Section 48-57-110. Effect of state or local governmental rule, regulation, guidance, policy, or permit condition.

 No state or local governmental rule, regulation, guidance, policy, or permit condition may circumvent or limit the privileges established by this chapter or the exercise of the privileges or the presumption and immunity established by this chapter.  HISTORY: 1996 Act No. 384, Section 2; 2000 Act No. 270, Section 1.
SC Code § 48-59-10 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 59 - The South Carolina Conservation Bank Act|Section 48-59-10. Short title.

 This chapter may be cited as the "South Carolina Conservation Bank Act".  HISTORY: 2002 Act No. 200, Section 1.
SC Code § 48-59-20 (2021)
2021 South Carolina Code of Laws|Title 48 - Environmental Protection and Conservation|Chapter 59 - The South Carolina Conservation Bank Act|Section 48-59-20. Purpose.

 The General Assembly finds that:  (1) South Carolina is experiencing rapid land development and economic growth which has benefited the state's people and economy, but has also led to the loss of forestlands, farmlands, wildlife habitats, outstanding natural areas, beaches and public areas for outdoor recreation; and has impacted the health of the state's streams, rivers, wetlands, estuaries, and bays, all of which impacts the quality of life of the state's current and future citizens and may jeopardize the well-being of the state's environment and economy if not addressed appropriately.  (2) This same rapid land development has also led to the loss of historical and archaeological sites that embody the heritage of human habitation in the State.  (3) Additionally, as urban areas expand and the separation of urban residents from open lands increases, there is a need to preserve greenways, open space, and parks in urban areas in order to promote balanced growth and promote the well-being and quality of life of our state's citizens.  (4) There is a critical need to fund the preservation of, and public access to, wildlife habitats, outstanding natural areas, sites of unique ecological significance, historical sites, forestlands, farmlands, watersheds, and open space, and urban parklands as an essential element in the orderly development of the State.  (5) The protection of open space by acquisition of interests in real property from willing sellers is essential to ensure that the State continues to enjoy the benefits of wildlife habitats, forestlands, farmlands, parks, historical sites, and healthy streams, rivers, bays, and estuaries; for recreational purposes, for scientific study, for aesthetic appreciation, for protection of critical water resources, to maintain the state's position as an attractive location for visitors and new industry, and to preserve the opportunities of future generations to access and benefit from the existence of the state's outstanding natural and historical sites.  (6) It is critical to encourage cooperation and innovative partnerships among landowners, state agencies, municipalities, and nonprofit organizations, which must work together in order to meet these objectives.  (7) In order to carry out these purposes, the State must establish an ongoing funding source to acquire interests in land from willing sellers that meets these objectives and to ensure the orderly development of the State. To these ends, the General Assembly enacts the "South Carolina Conservation Bank Act".  HISTORY: 2002 Act No. 200, Section 1.