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2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 56 - South Carolina Hazardous Waste Management Act › Section 44-56-330. Applicability.

The immunities provided in Section 44-56-320 apply only to any person:
(A) Whose act or omission did not cause the actual or threatened discharge and who would not otherwise be liable therefor, or
(B) Who renders such assistance or advice voluntarily and without compensation, or who is an employee of an industry, corporation, or group which renders such advice or assistance without compensation.
HISTORY: 1984 Act No. 397, Section 3.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 56 - South Carolina Hazardous Waste Management Act › Section 44-56-405. Purpose.

The purpose of the South Carolina Drycleaning Facility Restoration Trust Fund is to collect and manage funds for the investigation and remediation of environmental contamination arising from the operation of eligible drycleaning facilities and eligible wholesale supply facilities. The Department of Revenue shall collect, and enforce the payment of surcharges and fees, which constitute the fund, as required by this article. The Department of Health and Environmental Control shall administer the fund to ensure that the sites that pose the greatest threat to human health and the environment are remediated first and that the remediation is accomplished in compliance with this article.
HISTORY: 2013 Act No. 30, Section 1, eff May 21, 2013.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 56 - South Carolina Hazardous Waste Management Act › Section 44-56-430. Fund management.

(A) The department is required to report each January fifteenth the current financial position of the fund to the General Assembly. In addition, the department shall include projected information that would enable the General Assembly to determine the solvency of the fund. At a minimum this must include a five-year budget projection. This report also must review and comment on the adequacy of the current program in resolving contamination problems at both operating and closed drycleaning facilities and wholesale supply facilities in this State.
(B) The department shall promulgate regulations to establish priorities for assessment and remediation at eligible contaminated sites. The department shall provide for the assessment and remediation of eligible contaminated sites consistent with these regulations and other provisions of this article.
(C) The department shall administer the assessment and remediation portions of the program through direct payments to contractors actually accomplishing the site assessment and remediation and not through reimbursement to drycleaning or wholesale supply facility owners, operators, or property owners. All services related to site assessment and remediation must be preapproved by the department before performance in order to receive payment for services rendered.
(D) The department may not expend more than five hundred fifty thousand dollars from the fund annually to pay for the costs at any one contaminated site for the activities described in Section 44-56-420(C).
(E) The department in its sole discretion may use other funds to pay the cost of a cleanup if the department declares a contaminated site is an emergency and if the committed money in the fund exceeds the current balance or the amount committed to a contaminated site has reached the maximum allowable expenditure as required in subsection (D). However, once the fund has an available uncommitted balance, the department's other sources of money that paid for the approved emergency cleanup may be reimbursed for the costs incurred through annual payments that may not exceed five percent of the total fund's average annual balance. The fund may not obligate itself for more than it is estimated to generate through surcharges and fees.
(F) Nothing in this article subjects the department to liability for any action that may be required of the owner, operator, or person by a private party or a local, state, or federal governmental entity.
(G) Nothing in this article may restrict the department from temporarily postponing rehabilitation work on a site in order to make funds available to perform work on another contaminated site with a higher priority.
HISTORY: 2013 Act No. 30, Section 1, eff May 21, 2013.
Editor's Note
Prior Laws: Former Section 44-56-430 was titled Environmental surcharge, and had the following history: 1995 Act No. 119, Section 1; 2004 Act No. 237, Section 4, eff May 24, 2004; 2009 Act No. 14, Section 1, eff May 6, 2009.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 56 - South Carolina Hazardous Waste Management Act › Section 44-56-450. Environmental surcharge.

(A)(1) An environmental surcharge equal to one percent of the gross proceeds of sales of laundering and drycleaning services is imposed upon every owner or operator of a retail drycleaning facility or a dry drop-off facility.
Exempt from the environmental surcharge imposed in this section are:
(a) drycleaning facilities that possess a drycleaning facility exemption certificate issued pursuant to Section 44-56-425;
(b) dry drop-off facilities exempt pursuant to Section 44-56-425(D); and
(c) wholesale sales of drycleaning services provided to another drycleaning facility or a dry drop-off facility.
(2) At any time the uncommitted balance of the fund account exceeds five million dollars, the one percent of the gross proceeds of sales of drycleaning surcharge is suspended until that time the uncommitted balance of the trust fund account becomes less than one million dollars. The department is responsible for notifying the Department of Revenue when these amounts have been reached. The suspension of the environmental surcharge occurs at the end of the month in which the Department of Revenue is notified by the department. The lifting of the suspension occurs on the first day of the month following the month in which the Department of Revenue is notified by the department.
(B) The surcharge imposed by this section is due and payable on the twentieth day of each month for the preceding month. The Department of Revenue may authorize the quarterly, semiannual, or annual payment of this surcharge. The surcharge must be reported on forms and in the manner determined by the Department of Revenue.
HISTORY: 1995 Act No. 119, Section 1; 2004 Act No. 237, Section 4, eff May 24, 2004; 2009 Act No. 14, Section 1, eff May 6, 2009; 1976 Code Section 44-56-430; 2013 Act No. 30, Section 1, eff May 21, 2013.
Editor's Note
2004 Act No. 237, Section 11, provides in part as follows:
"The repeal or amendment of a code section by this act does not release or extinguish any tax, fee, interest, penalty, forfeiture, or liability for any period prior to the repeal or amendment. The repealed or amended code section or act must be treated as remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of the tax, fee, interest, penalty, forfeiture, or liability."
2009 Act No. 14 Section 2, provides as follows:
"This act takes effect upon approval by the Governor; however, the amendments to the impositions of the surcharges and fees imposed pursuant to Sections 44-56-430(A), 44-56-470(A), 44-56-480(A), and 44-56-480(D) of the 1976 Code, as amended in Section 1 of this act, take effect March 1, 2010."
Prior Laws: Former Section 44-56-450 was titled Reporting of discharged drycleaning solvent causing contamination, and had the following history: 1995 Act No. 119, Section 1; 2004 Act No. 237, Section 6, eff May 24, 2004; 2009 Act No. 14, Section 1, eff May 6, 2009.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 56 - South Carolina Hazardous Waste Management Act › Section 44-56-490. Violations.

(A) If the department finds that a person is in violation of a provision of this article or a regulation promulgated pursuant to this article, the department may issue an order requiring the person to comply with this article or regulation promulgated pursuant to this article or the department may bring civil action for injunctive relief in an appropriate court of competent jurisdiction.
(B) A person who violates a provision of this article, a regulation promulgated pursuant to this article, or an order of the department issued pursuant to this article or regulation promulgated pursuant to this article is subject to a civil penalty not to exceed ten thousand dollars for each day of violation.
(C) A person who wilfully violates a provision of this article, a regulation promulgated pursuant to this article, or an order of the department issued pursuant to this article is guilty of a misdemeanor and, upon conviction, may be fined not more than twenty-five thousand dollars for each day of violation or imprisoned for not more than one year, or both.
(D) A wholesale supply facility selling or providing drycleaning solvent in violation of the provisions of Section 44-56-440 is subject to a civil penalty of up to ten thousand dollars for each violation. Each sale or transfer constitutes a separate violation.
(E) A drycleaning facility selling or providing solvent to another drycleaning facility in violation of the provisions of Section 44-56-440 is subject to a civil penalty of up to ten thousand dollars for each violation. Each sale or transfer constitutes a separate violation.
(F) A drycleaning facility purchasing or receiving drycleaning solvent in violation of the provisions of Section 44-56-440 is subject to a civil penalty of up to ten thousand dollars for each violation. Each purchase or receipt constitutes a separate violation.
(G) Failure to register as a producer or importer of drycleaning solvent pursuant to Section 44-56-460(B) before importing or producing drycleaning solvent into this State is a misdemeanor and, upon conviction, the person may be fined up to twenty-five thousand dollars or imprisoned up to thirty days.
HISTORY: 1995 Act No. 119, Section 1; 2009 Act No. 14, Section 1, eff May 6, 2009; 2013 Act No. 30, Section 1, eff May 21, 2013.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 56 - South Carolina Hazardous Waste Management Act › Section 44-56-495. Drycleaning Advisory Council; Department of Revenue participation on matters involving surcharges and fees.

(A) There is created the Drycleaning Advisory Council to advise the department on matters relating to regulations and standards that affect drycleaning and related industries.
(B) The council is composed of the following members:
(1) eight owners or operators of drycleaning facilities who are participating in this article;
(2) one representative of a wholesale supply facility;
(3) one representative of the drycleaners who have a Drycleaning Exemption Certificate issued by the Department of Revenue; and
(4) one representative from the department, who is an administrator.
(C) Members enumerated in subsections (B)(1) through (B)(3) are appointed by the board of the Department of Health and Environmental Control and shall serve terms of two years and until their successors are appointed. The chairman of the council is elected by the members of the council at the first meeting of each new term.
(D) An employee of the Department of Revenue shall attend meetings of the council to provide the council informal assistance as to matters involving the surcharges and fees that are imposed pursuant to this article and which are administered and collected by the Department of Revenue.
(E) The Department of Revenue may disclose to the department information on a return filed with the Department of Revenue pursuant to the provisions of Section 44-56-450.
The Department of Revenue and the department may not disclose to the members enumerated in subsections (B)(1) through (B)(3) or to the public specific information on a return filed with the Department of Revenue pursuant to the provisions of Section 44-56-450; however, the Department of Revenue and the department may provide these members available statistical information concerning the surcharge imposed pursuant to Section 44-56-450.
HISTORY: 1995 Act No. 119, Section 1; 2009 Act No. 14, Section 1, eff May 6, 2009; 2013 Act No. 30, Section 1, eff May 21, 2013.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 56 - South Carolina Hazardous Waste Management Act › Section 44-56-510. General provisions.

Any waste disposed of in a land disposal site permitted to receive hazardous waste for disposal and not assessed a fee under the provisions of Article 1 of this chapter must be assessed as follows:
(1) a fee of thirteen dollars and seventy cents a ton of wastes generated and disposed of in this State by landfilling or other means of land disposal;
(2) for all wastes generated outside of the State and received at a facility during the quarter, each owner/operator of a hazardous waste land disposal facility shall remit to the department a fee of thirteen dollars and seventy cents a ton.
HISTORY: 1985 Act No. 140, Section 9; 1992 Act No. 501, Part II Section 18H.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 56 - South Carolina Hazardous Waste Management Act › Section 44-56-710. Purpose.

The purpose of the voluntary cleanup program is to:
(1) enable the expansion, redevelopment or return to use of industrial and commercial sites whose redevelopment is complicated by real or perceived environmental contamination;
(2) provide an incentive to conduct response actions at a site by providing nonresponsible parties a covenant not to sue, contribution protection, and third party liability protection, or by providing responsible parties with a covenant not to sue for the work done in completing the response actions specifically covered in the contract and completed in accordance with the approved work plans and reports; and
(3) provide reimbursement to the department for oversight costs.
HISTORY: 2000 Act No. 258, Section 2; 2008 Act No. 342, Section 1, eff June 11, 2008.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 56 - South Carolina Hazardous Waste Management Act › Section 44-56-730. Site and participant eligibility.

(A) A site known or perceived to be impacted by a contaminant, petroleum, or a petroleum product is eligible for participation in the voluntary cleanup program unless the site is listed or proposed to be listed on the National Priorities List pursuant to CERCLA Section 105.
(B) A responsible party who is not subject to a department order or permit for assessment and remediation for a site is eligible to participate in the voluntary cleanup program for that site.
(C) All nonresponsible parties who demonstrate financial viability to meet their obligations under the contract and who will undertake or whose nonresponsible party lenders, signatories, parents, subsidiaries, and successors will undertake the expansion, redevelopment, or return to use of the property are eligible to participate in the voluntary cleanup program.
HISTORY: 2000 Act No. 258, Section 2; 2008 Act No. 342, Section 1, eff June 11, 2008.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 56 - South Carolina Hazardous Waste Management Act › Section 44-56-760. Review of program.

Beginning in the year 2010, the department shall review the voluntary cleanup program established pursuant to this article and report to the General Assembly on the activities of the program and, where applicable, make recommendations for any needed changes or improvements.
HISTORY: 2000 Act No. 258, Section 2; 2008 Act No. 342, Section 1, eff June 11, 2008.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 56 - South Carolina Hazardous Waste Management Act › Section 44-56-810. Creation of fund; purpose; financing and expenditures.

There is created within the State Treasury the Hazardous Waste Management Research Fund, separate and distinct from the general fund of the State, to ensure the availability of funds for the conduct of research related to waste minimization and reduction and for the development of more effective and efficient methods of conducting governmental response actions at uncontrolled hazardous waste sites. The fund must be financed in accordance with Section 44-56-160(B) and expended only in accordance with the provisions of this article.
HISTORY: 1989 Act No. 196, Section 3; 1992 Act No. 501, Part II Section 18I.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 56 - South Carolina Hazardous Waste Management Act › Section 44-56-820. Universities Research and Education Foundation authorized to expend monies from fund; purposes.

The South Carolina Universities Research and Education Foundation is authorized to expend monies in the Hazardous Waste Management Research Fund only as provided in this article. The foundation shall establish a comprehensive research program with a primary emphasis on improving current hazardous waste management practices including, but not limited to, waste minimization and reduction and the development of more effective and efficient methods of conducting governmental response actions at abandoned or uncontrolled hazardous waste sites. The fund must be used for research that will:
(1) have a direct and positive impact on waste minimization and reduction in this State;
(2) recommend strategies to deal effectively with major existing hazardous waste management problems in this State and to improve current hazardous waste management practices;
(3) provide research and recommendations on cost-effective hazardous waste management techniques and new or emerging technologies for use in the public and private sectors including, but not limited to, the development of more efficient and effective methods of cleaning up abandoned or uncontrolled hazardous waste sites;
(4) provide hazardous waste management education, training, and public information;
(5) assess the impact of existing and emerging hazardous waste management practices on the public health and environment;
(6) provide research and recommendations on other waste management practices that may be identified through research conducted pursuant to this section.
HISTORY: 1989 Act No. 196, Section 3; 1993 Act No. 164, Part II, Section 62A.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 56 - South Carolina Hazardous Waste Management Act › Section 44-56-830. Foundation to submit annual report to Select Oversight Committee.

The foundation shall submit an annual report to the Hazardous Waste Management Select Oversight Committee created pursuant to Section 44-56-840 fully accounting for the expenditures of the fund and the results realized from the research program.
HISTORY: 1989 Act No. 196, Section 3.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 56 - South Carolina Hazardous Waste Management Act › Section 44-56-840. Hazardous Waste Management Select Oversight Committee.

(A) There is created a Hazardous Waste Management Select Oversight Committee to monitor funds generated from the fees imposed under Section 44-56-170(C) and (E) and designated for the fund under Section 44-56-810. The committee shall oversee the research efforts and projects approved for funding by the foundation. Notwithstanding any other provision of law, the committee is composed of:
(1) the Governor or his designee;
(2) the chairman of the House Agriculture and Natural Resources Committee or his designee;
(3) the chairman of the Senate Agriculture and Natural Resources Committee or his designee;
(4) the chairman of the House Labor, Commerce and Industry Committee or his designee;
(5) the chairman of the Senate Labor, Commerce and Industry Committee or his designee;
(6) the Director of the Department of Health and Environmental Control or his designee;
(7) one member representing business and industry appointed by the Governor;
(8) one public member appointed by the Governor; and
(9) one member representing environmental interests appointed by the Governor.
(B) The chairman of the Select Oversight Committee must be elected from the membership of the committee.
(C) The committee shall meet quarterly and shall submit annually a report to the General Assembly on all funds monitored under the provisions of this section before March fifteenth. Staff support must come from existing staff assigned by the committee.
(D) Members of the committee shall receive the usual per diem, subsistence, and mileage that is provided by law for members of state boards, committees, and commissions. Per diem, subsistence, and mileage must be paid from the Hazardous Waste Management Research Fund.
HISTORY: 1989 Act No. 196, Section 3; 1993 Act No. 164, Part II, Section 62B; 1993 Act No. 181, Section 1136; 2019 Act No. 1 (S.2), Section 93, eff January 31, 2019.
Effect of Amendment
2019 Act No. 1, Section 93, in (A), deleted (10), which related to the Lieutenant Governor or his designee, and made a nonsubstantive change.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 59 - The River Basins Advisory Commissions › Section 44-59-10. Definitions.

As used in this chapter:
(1) "River basins" means that land area designated as the Catawba/Wateree, Yadkin/Pee Dee River Basins by the North Carolina Department of Environmental and Natural Resources and the South Carolina Department of Health and Environmental Control.
(2) "Commissions" means the River Basins Advisory Commissions. The commissions shall be constituted as described below and there shall be a separate commission for each river basin.
HISTORY: 2004 Act No. 262, Section 1, eff July 6, 2004.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 59 - The River Basins Advisory Commissions › Section 44-59-20. River Basins Advisory Commissions established; purpose; authority.

(A) There is established the River Basins Advisory Commissions. The commissions shall be permanent bodies composed of members from the State of North Carolina and the State of South Carolina.
(B) The purpose of each commission shall be to:
(1) provide guidance and make recommendations to local, state, and federal legislative and administrative bodies, and to others as it considers necessary and appropriate, for the use, stewardship, and enhancement of the water, and other natural resources, for all citizens within the river basins;
(2) provide a forum for discussion of issues affecting the basin's water quantity and water quality, and issues affecting other natural resources;
(3) promote communication, coordination, and education among stakeholders within the river basins;
(4) identify problems and recommend appropriate solutions;
(5) undertake studies related to water quantity, water quality, and other natural resources in the basin based on existing data available from agencies located in either state;
(6) develop rules and procedures for the conduct of its business or as may be necessary to perform its duties and carry out its objectives including, but not limited to, calling meetings and establishing voting procedures. Rules and procedures developed pursuant to this item must be effective upon an affirmative vote by a majority of the commission members;
(7) establish standing and ad hoc committees, which must be constituted in a manner to ensure a balance between recognized interests and states. The commissions shall determine the purpose of each standing or ad hoc committee;
(8) determine the optimum approach to comprehensively and collaboratively provide recommendations for integrated river management including, but not limited to, the total assimilative capacity of the basin;
(9) seek, apply for, accept, and expend gifts, grants, donations, services, and other aid from public or private sources. The commissions may accept or expend funds only after an affirmative vote by a majority of the members of the commissions;
(10) exercise the powers of a body corporate, including the power to sue and be sued, and adopt and use a common seal and alter the same;
(11) enter into contracts and execute all instruments necessary or appropriate to achieve the purposes of the commissions;
(12) designate a fiscal agent;
(13) perform any lawful acts necessary or appropriate to achieve the purposes of the commissions.
(C) All of the authority granted to the River Basins Advisory Commissions shall be advisory in nature and in no way shall the commissions be construed to have any regulatory authority.
(D) The commissions shall have no authority to obligate or otherwise bind the State of North Carolina, the State of South Carolina, or any agency or subdivision of either state.
HISTORY: 2004 Act No. 262, Section 1, eff July 6, 2004.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 59 - The River Basins Advisory Commissions › Section 44-59-30. Staff support; agency cooperation.

(A) The North Carolina Department of Environmental and Natural Resources and the South Carolina Department of Health and Environmental Control shall provide staff support and facilities to each commission within the existing programs of the respective agencies.
(B) All agencies of the State of North Carolina and the State of South Carolina shall cooperate with the commissions and, upon request, shall assist each commission in fulfilling its responsibilities. The North Carolina Secretary of Environmental and Natural Resources and the Commissioner of the South Carolina Department of Health and Environmental Control or their designees shall each serve as the liaison between their respective state agencies and each commission.
HISTORY: 2004 Act No. 262, Section 1, eff July 6, 2004.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 59 - The River Basins Advisory Commissions › Section 44-59-40. Officers.

Members of each commission shall elect a chairman, vice chairman, and those other officers as they consider necessary with the chairmanship to be rotated between the States of North Carolina and South Carolina.
HISTORY: 2004 Act No. 262, Section 1, eff July 6, 2004.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 59 - The River Basins Advisory Commissions › Section 44-59-70. Obtaining information from state officers and agencies.

The commissions may obtain information and data upon request from all state officers, agents, agencies, and departments of the States of North Carolina and South Carolina while in discharge of their duties.
HISTORY: 2004 Act No. 262, Section 1, eff July 6, 2004.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 61 - Emergency Medical Services › Section 44-61-10. Short title.

This article may be cited as the "Emergency Medical Services Act of South Carolina".
HISTORY: 1962 Code Section 32-905.31; 1974 (58) 2370; 2004 Act No. 271, Section 1, eff July 16, 2004; 2010 Act No. 157, Section 1, eff May 11, 2010.