reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 19 - Poultry Products Inspection Law › Section 47-19-120. Violations; interference with person performing official duties under chapter.

(a) Any person who violates the provisions of Sections 47-19-70, 47-19-80, 47-19-90, 47-19-100, 47-19-35, or 47-19-110 shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished in accordance with Section 47-4-130; but if such violation involves intent to defraud, or any distribution or attempted distribution of an article that is adulterated, such person shall be fined not more than ten thousand dollars or imprisoned not more than three years, or both. When construing or enforcing the provisions of such sections, the act, omission, or failure of any person acting for or employed by any individual, partnership, corporation or association within the scope of his employment or office shall in every case be deemed the act, omission, or failure of such individual, partnership, corporation or association, as well as of such person.
(b) No carrier shall be subject to the penalties of this chapter, other than the penalties for violation of Section 47-19-90, by reason of his receipt, carriage, holding or delivery, in the usual course of business, as a carrier of poultry or poultry products owned by another person unless the carrier has knowledge or is in possession of facts which would cause a reasonable person to believe that such poultry or poultry products were not inspected or marked in accordance with the provisions of this chapter or were otherwise not eligible for transportation under this chapter or unless the carrier refuses to furnish on request of a representative of the director the name and address of the person from whom he received such poultry or poultry products and copies of all documents, if there be any, pertaining to the delivery of the poultry or poultry products to such carrier.
(c)(1) A person who forcibly assaults, resists, opposes, impedes, intimidates, or interferes with a person while engaged in or on account of the performance of his official duties under this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than three years, or both.
(2) A person who, in the commission of any acts contained in item (1), uses a deadly or dangerous weapon is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than ten years, or both.
HISTORY: 1962 Code Section 6-642; 1969 (56) 425; 1993 Act No. 184, Section 79, eff January 1, 1994; 2000 Act No. 290, Section 8, eff May 19, 2000.
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 19 - Poultry Products Inspection Law › Section 47-19-130. Notice of violations and opportunity to be heard.

Before any violation of this chapter is reported by the director to the Attorney General or the appropriate solicitor for institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given reasonable notice of the alleged violation and opportunity to present his views orally or in writing with regard to such contemplated proceeding. Nothing in this chapter shall be construed as requiring the director to report for criminal prosecution violation of this chapter when he believes that the public interest will be adequately served and compliance with the chapter obtained by a suitable written notice or warning.
HISTORY: 1962 Code Section 6-643; 1969 (56) 425.
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 19 - Poultry Products Inspection Law › Section 47-19-150. Limiting entry of poultry products into inspected establishments.

The director may limit the entry of poultry products and other materials into any official establishment under such conditions as he may prescribe to assure that allowing the entry of such articles into such inspected establishments will be consistent with the purposes of this chapter.
HISTORY: 1962 Code Section 6-645; 1969 (56) 425.
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 19 - Poultry Products Inspection Law › Section 47-19-165. Application of chapter to pigeons.

The provisions of this chapter shall also apply to pigeons, either live or dead, and when the term "poultry" is used in this chapter it shall be construed to include pigeons unless the context clearly indicates otherwise.
HISTORY: 1976 Act No. 492; 1982 Act No. 466 Part II Section 36.
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 19 - Poultry Products Inspection Law › Section 47-19-170. Rules and regulations.

The board shall promulgate such rules and regulations as shall enable the director to carry out the purposes and intent of this chapter.
HISTORY: 1962 Code Section 6-646; 1969 (56) 425.
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 19 - Poultry Products Inspection Law › Section 47-19-180. Costs of inspection.

The cost of inspection rendered under the requirements of this chapter shall be borne by this State, except as provided in Section 47-19-30 and except that the cost of overtime and holiday work performed in establishments subject to the provisions of this chapter, at such rates as Clemson University may determine, shall be borne by such establishments. Sums received by Clemson University in reimbursement for sums paid out for such premium pay work shall be available without fiscal year limitation to carry out the purposes of this section.
HISTORY: 1962 Code Section 6-647; 1969 (56) 425.
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 20 - Confined Swine Feeding Operations › Section 47-20-165. Promulgation and effect of separate and distinct confined swine feeding operations regulations.

(A) In addition to any regulations authorized to be promulgated pursuant to this chapter, the Department of Health and Environmental Control shall promulgate regulations regarding confined swine feeding operations which are separate and distinct from the regulations promulgated pursuant to this chapter.
(B) The separate and distinct regulations shall not be proposed until after the regulations required to be promulgated pursuant to this chapter take effect.
(C) The provisions of this chapter and Section 46-45-30 are severable and enforceable irrespective of whether a particular regulation has been promulgated.
(D)(1) The separate and distinct regulations shall include, but are not limited to, including the following:
(a) definitions;
(b) setback requirements;
(c) land application rates for animal waste and waste storage ponds;
(d) lagoon construction and maintenance requirements;
(e) odor control;
(f) vector control;
(g) application and annual operation fees;
(h) monitoring wells;
(i) certification of owners or operators of confined animal feeding operations and waste management systems;
(j) public notice requirements; and
(k) permit renewals.
(2) In addition, the separate and distinct regulations shall be based upon an evaluation of the impact upon the interests of the environment and agribusiness.
(3) In promulgating the separate and distinct regulations, the department shall use the limits, distances, and other requirements provided in this chapter as the basis for the regulations. When the department submits the proposed regulations to the General Assembly for approval, in addition to the information which must be filed pursuant to Section 1-23-120 of the 1976 Code, the department shall include an explanation for each change proposed in the separate and distinct regulations from the requirements of this chapter.
(E) When the regulations promulgated by the department pursuant to this section are approved by the General Assembly or take effect without action of the General Assembly, the provisions of this chapter and Section 46-45-30, and any regulations promulgated pursuant to authority granted in this chapter, are thereby repealed and shall no longer have the force and effect of law.
HISTORY: 1996 Act No. 460, Section 3, eff July 1, 1996.
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 21 - Farm Animal, Crop Operation, And Research Facilities Protection Act › Section 47-21-10. Short title.

This chapter may be cited as the "Farm Animal, Crop Operation, and Research Facilities Protection Act".
HISTORY: 1992 Act No. 327, Section 1, eff April 10, 1992; 2012 Act No. 220, Section 1, eff June 7, 2012.
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 21 - Farm Animal, Crop Operation, And Research Facilities Protection Act › Section 47-21-20. Definitions.

As used in this chapter:
(1) "Actor" means a person accused of any of the offenses defined in this chapter.
(2) "Animal" means a warm- or cold-blooded animal used in food or fiber production, agriculture, research, testing, or education, including poultry, fish, and insects.
(3) "Animal facility" includes a vehicle, building, structure, or premises where an animal is kept, tested, handled, housed, exhibited, bred, or offered for sale and includes a research facility where research or testing on animals is conducted.
(4) "Consent" means assent in fact, whether express or apparent.
(5) "Crop operation" includes a vehicle, building, structure, or premises where a crop is raised, maintained, tested, handled, housed, exhibited, or offered for sale and includes a research facility where research on or testing of crops is conducted.
(6) "Deprive" means:
(a) to withhold an animal or other property from the owner permanently or for such an extended time that a major portion of the value or enjoyment of the animal or property is lost to the owner;
(b) to restore the animal or other property only upon payment for reward or other compensation; or
(c) to dispose of an animal or other property in a manner that makes recovery of the animal or property by the owner unlikely.
(7) "Effective consent" includes consent by a person legally authorized to act for the owner. Consent is not effective if:
(a) induced by force, threat, false pretenses, or fraud;
(b) given by a person the actor knows is not legally authorized to act for the owner;
(c) given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable decisions; or
(d) given solely to detect the commission of an offense.
(8) "Owner" means a person who has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor.
(9) "Person" means an individual, corporation, association, nonprofit corporation, joint-stock company, firm, trust, partnership, two or more persons having a joint or common interest, or other legal entity.
(10) "Possession" means actual care, custody, control, or management.
HISTORY: 1992 Act No. 327, Section 1, eff April 10, 1992; 2012 Act No. 220, Section 1, eff June 7, 2012.
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 21 - Farm Animal, Crop Operation, And Research Facilities Protection Act › Section 47-21-30. Unlawful acquisition or exercise of control.

Without the effective consent of the owner, it is unlawful for a person to acquire or otherwise exercise control over an animal facility, an animal from an animal facility, or other property from an animal facility with the intent to deprive the owner of the facility, animal, or property, and to disrupt or damage the enterprise conducted at the animal facility.
HISTORY: 1992 Act No. 327, Section 1, eff April 10, 1992; 2012 Act No. 220, Section 1, eff June 7, 2012.
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 21 - Farm Animal, Crop Operation, And Research Facilities Protection Act › Section 47-21-40. Unlawful damage or destruction.

Without the effective consent of the owner, it is unlawful for a person to damage or destroy an animal facility, an animal, or property in or on an animal facility with the intent to disrupt or damage the enterprise conducted at the animal facility.
HISTORY: 1992 Act No. 327, Section 1, eff April 10, 1992; 2012 Act No. 220, Section 1, eff June 7, 2012.
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 21 - Farm Animal, Crop Operation, And Research Facilities Protection Act › Section 47-21-50. Unlawful entry or concealed presence.

Without the effective consent of the owner, and with the intent to disrupt or damage the enterprise conducted at the animal facility, it is unlawful for a person to:
(1) enter an animal facility, not then open to the public, with intent to commit an act prohibited by this section;
(2) remain concealed, with intent to commit an act prohibited by this section, in an animal facility; or
(3) enter an animal facility and commit or attempt to commit an act prohibited by this section.
HISTORY: 1992 Act No. 327, Section 1, eff April 10, 1992; 2012 Act No. 220, Section 1, eff June 7, 2012.
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 21 - Farm Animal, Crop Operation, And Research Facilities Protection Act › Section 47-21-60. Unlawful entry or presence with notice to not enter or leave.

(A) Without the effective consent of the owner, it is unlawful for a person to enter or remain in an animal facility with the intent to disrupt or damage the enterprise conducted at the animal facility, and the person:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
(B) For purposes of this section, "notice" means:
(1) oral or written communication by the owner or someone with apparent authority to act for the owner;
(2) fencing or other enclosure obviously designed to exclude intruders or to contain animals; or
(3) a sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden.
HISTORY: 1992 Act No. 327, Section 1, eff April 10, 1992; 2012 Act No. 220, Section 1, eff June 7, 2012.
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 21 - Farm Animal, Crop Operation, And Research Facilities Protection Act › Section 47-21-70. Exemptions.

This chapter does not apply to, affect, or otherwise prohibit actions taken by:
(1) the Department of Agriculture, any other federal, state, or local department or agency, or an official or employee of these entities while in the exercise or performance of a power or duty imposed by law or regulation;
(2) a licensed veterinarian practicing veterinary medicine pursuant to Chapter 69, Title 40 and according to customary standards of care; or
(3) a person holding a legal interest in an animal facility, an animal from an animal facility, or other property in or on an animal facility who has an interest in the facility, animal, or other property superior to the interest held by the person incurring damages.
HISTORY: 1992 Act No. 327, Section 1, eff April 10, 1992; 2012 Act No. 220, Section 1, eff June 7, 2012.
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 21 - Farm Animal, Crop Operation, And Research Facilities Protection Act › Section 47-21-80. Violations; penalties.

(A) A person violating Sections 47-21-30, 47-21-40, and 47-21-50 is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than three years, or both.
(B) A person violating Section 47-21-60 is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
HISTORY: 1992 Act No. 327, Section 1, eff April 10, 1992; 1993 Act No. 184, Section 102, eff January 1, 1994; 2012 Act No. 220, Section 1, eff June 7, 2012.
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 21 - Farm Animal, Crop Operation, And Research Facilities Protection Act › Section 47-21-90. Damages; attorney fees and costs.

A person who suffers damages resulting from the commission of an act prohibited by this article has a civil cause of action for treble the amount of his actual damages, for consequential damages, for punitive damages, an injunction, and any other appropriate relief in law or equity. Upon prevailing in the civil action, the plaintiff may recover reasonable attorney's fees and costs.
HISTORY: 2012 Act No. 220, Section 1, eff June 7, 2012.
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 21 - Farm Animal, Crop Operation, And Research Facilities Protection Act › Section 47-21-200. Unlawful acquisition or exercise of control.

Without the effective consent of the owner, it is unlawful for a person to acquire or otherwise exercise control over a crop operation, a crop from a crop operation, or other property from a crop operation with the intent to deprive the owner of the operation, crop, or property, and to disrupt or damage the enterprise conducted at the crop operation.
HISTORY: 2012 Act No. 220, Section 1, eff June 7, 2012.
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 21 - Farm Animal, Crop Operation, And Research Facilities Protection Act › Section 47-21-210. Unlawful damage or destruction.

Without the effective consent of the owner, it is unlawful for a person to damage or destroy a crop operation, a crop, or property in or on a crop operation with the intent to disrupt or damage the enterprise conducted at the crop operation.
HISTORY: 2012 Act No. 220, Section 1, eff June 7, 2012.
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 21 - Farm Animal, Crop Operation, And Research Facilities Protection Act › Section 47-21-220. Unlawful entry or concealed presence.

Without the effective consent of the owner, and with the intent to disrupt or damage the enterprise conducted at the crop operation, it is unlawful for a person to:
(1) enter a crop operation, not then open to the public, with intent to commit an act prohibited by this section;
(2) remain concealed, with intent to commit an act prohibited by this section, in a crop operation; or
(3) enter a crop operation and commit or attempt to commit an act prohibited by this section.
HISTORY: 2012 Act No. 220, Section 1, eff June 7, 2012.
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 21 - Farm Animal, Crop Operation, And Research Facilities Protection Act › Section 47-21-230. Unlawful entry or presence with notice to not enter or leave.

(A) Without the effective consent of the owner, it is unlawful for a person to enter or remain in a crop operation with the intent to disrupt or damage the enterprise conducted at the crop operation, and the person:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
(B) For purposes of this section, "notice" means:
(1) oral or written communication by the owner or someone with apparent authority to act for the owner;
(2) fencing or other enclosure obviously designed to exclude intruders or to contain a crop; or
(3) a sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden.
HISTORY: 2012 Act No. 220, Section 1, eff June 7, 2012.
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 21 - Farm Animal, Crop Operation, And Research Facilities Protection Act › Section 47-21-240. Exemptions.

This chapter does not apply to, affect, or otherwise prohibit actions taken by:
(1) the Department of Agriculture, any other federal, state, or local department or agency, or an official or employee of these entities while in the exercise or performance of a power or duty imposed by law or regulation; or
(2) a person holding a legal interest in a crop operation, a crop from a crop operation, or other property in or on a crop operation who has an interest in the operation, crop, or other property superior to the interest held by the person incurring damages.
HISTORY: 2012 Act No. 220, Section 1, eff June 7, 2012.
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 21 - Farm Animal, Crop Operation, And Research Facilities Protection Act › Section 47-21-250. Violations; penalties.

(A) A person violating Sections 47-21-200, 47-21-210, and 47-21-220 is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than three years, or both.
(B) A person violating Section 47-21-230 is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
HISTORY: 2012 Act No. 220, Section 1, eff June 7, 2012.
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 21 - Farm Animal, Crop Operation, And Research Facilities Protection Act › Section 47-21-260. Damages; attorney fees and costs.

A person who suffers damages resulting from the commission of an act prohibited by this article has a civil cause of action for treble the amount of his actual damages, for consequential damages, for punitive damages, an injunction, and any other appropriate relief in law or equity. Upon prevailing in the civil action, the plaintiff may recover reasonable attorney's fees and costs.
HISTORY: 2012 Act No. 220, Section 1, eff June 7, 2012.
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 22 - Rendering Of Livestock And Poultry Raw Material › Section 47-22-20. Definitions.

As used in this chapter, the term:
(1) "Transfer center" means a facility where raw materials are collected for loading into approved vehicles for delivery to a rendering plant.
(2) "Commission" means the State Livestock-Poultry Health Commission.
(3) "Director" means the Director, Division of Livestock-Poultry Heath Programs, Clemson University.
(4) "Division" means the Division of Livestock-Poultry Health Programs at Clemson University and its agents, employees, and officials.
(5) "Inspector" means an employee or official of the division authorized by the director to carry out inspections or investigations required or authorized by law.
(6) "Livestock" means all classes and breeds of animals, domesticated or feral.
(7) "Permit" means official authorization to engage in a specified activity.
(8) "Poultry" means all avian species including wildfowl and domestic fowl.
(9) "Raw material" means livestock or poultry carcasses and inedible parts thereof, fats, oils, and other inedible animal byproducts, and used fats and oils collected from restaurants.
(10) "Rendering operation" means the processing of all or part of the inedible portions of livestock or poultry carcasses and other raw material, and includes the collection and transportation of raw material for the purpose of processing.
(11) "Rendering plant" means a building or buildings in which raw material is processed, and includes the premises upon which buildings used in connection with processing are located.
(12) "State Veterinarian" means the Director, Division of Livestock-Poultry Health Programs, Clemson University.
HISTORY: 1998 Act No. 316, Section 1, eff May 26, 1998.
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 22 - Rendering Of Livestock And Poultry Raw Material › Section 47-22-30. Duties of commission and director.

The commission is the governing and policymaking body for the department, and is authorized to promulgate regulations that are necessary and proper to carry out the purpose and provisions of this chapter. The commission must delegate the administrative and enforcement duties provided for in this chapter to the director. The director, acting through the division, must administer the provisions of this chapter, enforce the required minimum standards set forth in Section 47-22-60, and all other laws pertaining to rendering livestock, poultry, and raw material in this State.
HISTORY: 1998 Act No. 316, Section 1, eff May 26, 1998.
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 22 - Rendering Of Livestock And Poultry Raw Material › Section 47-22-40. Permit required for operation of transfer center and rendering processes.

No person shall operate a transfer center or rendering plant, or engage in rendering operations, unless he possesses a valid and current permit issued by the division.
HISTORY: 1998 Act No. 316, Section 1, eff May 26, 1998.
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 22 - Rendering Of Livestock And Poultry Raw Material › Section 47-22-50. Permit applications; information required; permit valid until revoked, relinquished, or abandoned.

Application for a permit required by this chapter must be made to the director on forms provided by the division. The application must set forth the name and address of the applicant, the present or proposed place of business, the particular method used or to be used in the collection, transportation, processing, disposition, and disposal of raw material, and all other information as the director may require. Plant flow diagrams of any existing or proposed rendering plant and of equipment used in rendering operations must be available at the plant for review by division inspectors. A permit is valid until revoked pursuant to Section 47-4-130, or until relinquished or abandoned by the person to whom the permit was issued.
HISTORY: 1998 Act No. 316, Section 1, eff May 26, 1998.
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 22 - Rendering Of Livestock And Poultry Raw Material › Section 47-22-70. Inspections; hours; information required to be available.

Every transfer center, rendering plant, rendering operation and vehicle used to transport raw material is subject to inspection by the division inspectors during normal operating hours and at such other times as the director may deem necessary for the enforcement of this chapter. Each rendering plant must keep and furnish the director information required by law concerning the collection, transportation, processing, distribution, disposition, and disposal of raw material.
HISTORY: 1998 Act No. 316, Section 1, eff May 26, 1998.
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 22 - Rendering Of Livestock And Poultry Raw Material › Section 47-22-80. Violations; penalties.

Any person who violates any provision of this chapter or any regulation promulgated hereunder shall be subject to the criminal and/or civil penalties as provided by Section 47-4-130 of this title.
HISTORY: 1998 Act No. 316, Section 1, eff May 26, 1998.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 1 - Pollution Control Act › Section 48-1-20. Declaration of public policy.

It is declared to be the public policy of the State to maintain reasonable standards of purity of the air and water resources of the State, consistent with the public health, safety and welfare of its citizens, maximum employment, the industrial development of the State, the propagation and protection of terrestrial and marine flora and fauna, and the protection of physical property and other resources. It is further declared that to secure these purposes and the enforcement of the provisions of this chapter, the Department of Health and Environmental Control shall have authority to abate, control and prevent pollution.
HISTORY: 1962 Code Section 63-195.1; 1952 Code Section 70-102; 1950 (46) 2153; 1970 (56) 2512.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 1 - Pollution Control Act › Section 48-1-30. Promulgation of regulations; approval of alternatives.

The Department shall promulgate regulations to implement this chapter to govern the procedure of the Department with respect to meetings, hearings, filing of reports, the issuance of permits and all other matters relating to procedure. The regulations for preventing contamination of the air may not specify any particular method to be used to reduce undesirable levels, nor the type, design, or method of installation or type of construction of any manufacturing processes or other kinds of equipment. Except where the Department determines that it is not feasible to prescribe or enforce an emission standard or standard of performance, it may, by regulation, specify equipment, operational practice, or emission control method, or combination thereof. The Department may grant approval for alternate equipment, operational practice, or emission control method, or combination thereof, where the owner or operator of a source can demonstrate to the Department that such alternative is substantially equivalent to that specified.
HISTORY: 1962 Code Section 63-195.6; 1952 Code Section 70-108; 1950 (46) 2153; 1965 (54) 687; 1970 (56) 2512; 1978 Act No. 557, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 1 - Pollution Control Act › Section 48-1-40. Adoption of standards for water and air.

The Department, after public hearing as herein provided, shall adopt standards and determine what qualities and properties of water and air shall indicate a polluted condition and these standards shall be promulgated and made a part of the rules and regulations of the Department. The Department, in determining standards and designing the use of streams shall be guided by the provisions of this chapter.
HISTORY: 1962 Code Section 63-195.7; 1952 Code Section 70-109; 1950 (46) 2153; 1970 (56) 2512.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 1 - Pollution Control Act › Section 48-1-55. Use of local personnel to monitor water quality in county where oyster factory located.

On any navigable river in this State where an oyster factory is located, the Department of Health and Environmental Control may utilize qualified personnel of the county or municipality in whose jurisdiction the factory operates to assist with the monitoring of water quality and other environmental standards the department is required to enforce. The assistance may be provided at the request of the department and upon the consent of the county or municipality concerned.
HISTORY: 2009 Act No. 22, Section 1, eff May 19, 2009.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 1 - Pollution Control Act › Section 48-1-60. Classification and standards of quality and purity of the environment authorized after notice and hearing.

It is recognized that, due to variable factors, no single standard of quality and purity of the environment is applicable to all ambient air, land or waters of the State. In order to attain the objectives of this chapter, the Department, after proper study and after conducting a public hearing upon due notice, shall adopt rules and regulations and classification standards. The classification and the standards of quality and purity of the environment shall be adopted by the Department in relation to the public use or benefit to which such air, land or waters are or may, in the future, be put. Such classification and standards may from time to time be altered or modified by the Department.
The adoption of a classification of the waters and the standards of quality and purity of the environment shall be made by the Department only after public hearing on due notice as provided by this chapter.
HISTORY: 1962 Code Section 63-195.9; 1952 Code Section 70-112; 1950 (46) 2153; 1970 (56) 2512; 1973 (58) 788.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 1 - Pollution Control Act › Section 48-1-70. Matters which standards for water may prescribe.

The standards for water adopted pursuant to this chapter may prescribe:
(1) The extent, if any, to which floating solids may be permitted in the water;
(2) The extent to which suspended solids, colloids or a combination of solids with other substances suspended in water may be permitted;
(3) The extent to which organisms of the coliform group (intestinal bacilli) or any other bacteriological organisms may be permitted in the water;
(4) The extent of the oxygen which may be required in receiving waters; and
(5) Such other physical, chemical or biological properties as may be necessary for the attainment of the objectives of this chapter.
HISTORY: 1962 Code Section 63-195.10; 1952 Code Section 70-113; 1950 (46) 2153; 1970 (56) 2512.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 1 - Pollution Control Act › Section 48-1-80. Considerations in formulating classification and standards for water.

In adopting the classification of waters and the standards of purity and quality, consideration shall be given to:
(1) The size, depth, surface area covered, volume, direction, rate of flow, stream gradient and temperature of the water;
(2) The character of the district bordering such water and its peculiar suitability for the particular uses and with a view to conserving it and encouraging the most appropriate use of the lands bordering on such water for residential, agricultural, industrial or recreational purposes;
(3) The uses which have been made, are being made or may be made of such waters for transportation, domestic and industrial consumption, irrigation, bathing, fishing and fish culture, fire prevention, sewage disposal or otherwise; and
(4) The extent of present defilement or fouling of such waters which has already occurred or resulted from past discharges therein.
HISTORY: 1962 Code Section 63-195.11; 1952 Code Section 70-114; 1950 (46) 2153; 1970 (56) 2512.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 1 - Pollution Control Act › Section 48-1-85. Requirements for houseboats with marine toilets.

(A) It is unlawful for a person to operate or float a houseboat on the waters of this State unless it has a marine toilet that discharges only into a holding tank.
(B) As used in this section:
(1) "Holding tank" means a container designed to receive and hold sewage and other wastes discharged from a marine toilet and constructed and installed in a manner so that it may be emptied only by pumping out its contents.
(2) "Houseboat" means watercraft primarily used as habitation and not used primarily as a means of transportation.
(3) "Marine toilet" includes equipment for installation on board a houseboat designed to receive, retain, treat, or discharge sewage. A marine toilet must be equipped with a holding tank.
(C) When an owner of a houseboat having a marine toilet applies to the Department of Natural Resources for a certificate of title pursuant to Section 50-23-20, he shall certify in the application that the toilet discharges only into a holding tank.
(D) Houseboat holding tanks may be emptied only by a pump-out system permitted by the South Carolina Department of Health and Environmental Control.
(E) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars for each day's violation or imprisoned not more than thirty days, or both.
HISTORY: 1992 Act No. 334, Section 1; 1993 Act No. 181, Section 1172; 2007 Act No. 33, Section 2, eff upon approval (became law without the Governor's signature on May 24, 2007).
Effect of Amendment
The 2007 amendment, in subsection (A), substituted "waters of this State unless it has a marine toilet that discharges" for "freshwaters of this State having a marine toilet unless it discharges"; and, in paragraph (B)(2), substituted "watercraft primarily used as habitation" for "a vessel which is used primarily as a residence".
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 1 - Pollution Control Act › Section 48-1-100. Permits for discharge of wastes or air contaminants; jurisdiction of department.

(A) A person affected by the provisions of this chapter or the rules and regulations adopted by the department desiring to make a new outlet or source, or to increase the quantity of discharge from existing outlets or sources, for the discharge of sewage, industrial waste or other wastes, or the effluent therefrom, or air contaminants, into the waters or ambient air of the State, first shall make an application to the department for a permit to construct and a permit to discharge from the outlet or source. If, after appropriate public comment procedures, as defined by department regulations, the department finds that the discharge from the proposed outlet or source will not be in contravention of provisions of this chapter, a permit to construct and a permit to discharge must be issued to the applicant. The department, if sufficient hydrologic and environmental information is not available for it to make a determination of the effect of the discharge, may require the person proposing to make the discharge to conduct studies that will enable the department to determine that its quality standards will not be violated.
(B) The Department of Health and Environmental Control is the agency of state government having jurisdiction over the quality of the air and waters of the State of South Carolina. It shall develop and enforce standards as may be necessary governing emissions or discharges into the air, streams, lakes, or coastal waters of the State, including waste water discharges.
(C) The Department of Health and Environmental Control is the agency of state government having jurisdiction over those matters involving real or potential threats to the health of the people of South Carolina, including the handling and disposal of garbage and refuse; septic tanks; and individual or privately-owned systems for the disposal of offal and human or animal wastes.
HISTORY: 1962 Code Section 63-195.13; 1952 Code Section 70-117; 1950 (46) 2153; 1964 (53) 2393; 1970 (56) 2512; 1971 (57) 709; 1973 (58) 788; 1992 Act No. 294, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 1 - Pollution Control Act › Section 48-1-115. Public notice of sludge storage facility construction permit.

The department shall provide public notice before issuing a construction permit pursuant to Regulation 61-67 for a facility that stores sludge or other residuals, or any combination of these, that is not located at the site of a wastewater or sludge treatment facility permitted pursuant to Regulation 61-67. Public notice must be provided in accordance with Regulation 61-9.
HISTORY: 2006 Act No. 329, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 1 - Pollution Control Act › Section 48-1-120. Determination and correction of undesirable level.

If the Department shall determine that an undesirable level exists, it shall take such action as necessary to control such condition.
The Department shall grant such time as is reasonable for the owner or operator of a source to correct the undesirable level, after taking all factors into consideration that are pertinent to the issue.
In making its order and determinations, the Department shall take into consideration all the facts and circumstances bearing upon the reasonableness of the emissions involved including, but not limited to:
(a) The character and degree of injury to, or interference with, the health and physical property of the people;
(b) The social and economic value of the source of the undesirable levels;
(c) The question of priority of location in the area involved; and
(d) The technical practicability and economic reasonableness of reducing or eliminating the emissions resulting from such source.
If the undesirable level is not corrected within the required time, then the Department shall issue an order to cease and desist from causing such emissions.
HISTORY: 1962 Code Section 63-195.15; 1965 (54) 687; 1970 (56) 2512.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 1 - Pollution Control Act › Section 48-1-130. Order for discontinuance of discharge of wastes or air contaminants.

A person discharging sewage, industrial waste, or other waste or air contaminant into the environment of the State, in such manner or quantity as to cause pollution, without regard to the time that the discharge began or whether or not the continued discharge has been by virtue of a permit issued by the department, shall discontinue the discharge upon receipt of an order of the department. An order is subject to review pursuant to Section 44-1-60 and the Administrative Procedures Act. This section does not abrogate any of the department's emergency powers.
HISTORY: 1962 Code Section 63-195.16; 1952 Code Section 70-120; 1950 (46) 2153; 1970 (56) 2512; 2012 Act No. 198, Section 2, eff June 6, 2012.
Effect of Amendment
The 2012 amendment rewrote the section.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 1 - Pollution Control Act › Section 48-1-140. Revision or modification of national pollutant discharge elimination system or final compliance date for stationary source or class or sources of air pollution.

(a) The Department may, after notice and opportunity for a public hearing, revise or modify a national pollutant discharge elimination system permit in accordance with the procedures and criteria set out in Sections 301(c), 302 and 316(a) of the Federal Water Pollution Control Act Amendments of 1972.
(b) The Department may, after notice and opportunity for a public hearing, revise or modify a final compliance date for any stationary source or class or sources of air pollution whether contained in regulations or a compliance order, if the Department determines that
(1) good faith efforts have been made to comply with such requirement before such date;
(2) such source (or class) is unable to comply with such requirement because the necessary technology or other alternative methods of control are not reasonably available or have not been available for a sufficient period of time;
(3) any available alternative operating procedures and interim control measures have reduced or will reduce the impact of such source on public health;
(4) the continued operation of such source is essential to national security or to the public health or welfare.
Provided, however, that where the compliance date is one prescribed in the State Implementation Plan, the findings and recommendations of the Department shall be submitted to the Governor for transmittal to the Administrator of the Federal Environmental Protection Agency or his designated representative for his concurrence or rejection. Rejection by the administrator may constitute grounds for rejection of a request for modification or revisions of such compliance requirement.
(c) Any determination under items (a) or (b) of this section shall (1) be made on the record after notice to interested persons and opportunity for hearing, (2) be based upon a fair evaluation of the entire record at such hearing, and (3) include a statement setting forth in detail the findings and conclusions upon which the determination is based.
HISTORY: 1962 Code Section 63-195.17; 1965 (54) 687; 1970 (56) 2512; 1973 (58) 788; 1975 (59) 241; 1978 Act No. 463.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 1 - Pollution Control Act › Section 48-1-150. Situations in which public hearing is required or authorized.

Public hearings shall be conducted by the Department prior to action by the Department in the classification of the waters or the adoption of standards of purity and quality thereof as provided by this chapter. The Department may conduct public hearings prior to action in the following cases, either of its own volition or upon the request of affected persons, (a) an order of determination of the Department requiring the discontinuance of discharge of sewage, industrial waste or other wastes into the waters of the State or air contaminant into the ambient air, (b) an order issuing, denying, revoking, suspending or modifying a permit, (c) a determination that a discharge constitutes pollution of waters of a marine district and (d) any other proceeding resulting in a finding of fact or determination that a discharge of air contaminants into the ambient air or sewage, industrial waste or other wastes into the waters of the State contravenes the standards established for such air and waters.
HISTORY: 1962 Code Section 63-195.18; 1952 Code, Section 70-125; 1950 (46) 2153; 1970 (56) 2512.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 1 - Pollution Control Act › Section 48-1-160. Conduct of hearing; decision of department.

The hearings herein provided for may be conducted by the Department at a regular or special meeting or it may delegate to any member, to the executive director or to any employee or agent of the Department, the authority to conduct such hearings in the name of the Department at any time and place. But the Department shall make all necessary decisions as to the matter under consideration. Such decision may be based solely upon the record of any hearing conducted by the Department or by its duly authorized representative.
HISTORY: 1962 Code Section 63-195.19; 1952 Code Section 70-126; 1950 (46) 2153; 1970 (56) 2512.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 1 - Pollution Control Act › Section 48-1-170. Records of hearings and decisions.

In any hearing held by the Department in which a quasi-judicial decision is rendered, the Department shall make a record of the decision and secure its prompt publication. The decision shall include a statement of the facts in controversy, the decision of the Department, the law or regulation upon which the decision is based and any other information deemed necessary.
To serve as a guide and precedent of the policy of the Department, the decisions shall be chronologically numbered according to date and compiled in an annual report similar in style to the reports of the Supreme Court. The reports of these decisions shall be made available to the public.
If any person concerned with such hearing requests it, a complete transcript of the testimony presented shall be made and filed.
HISTORY: 1962 Code Section 63-195.20; 1952 Code Section 70-127; 1950 (46) 2153; 1970 (56) 2512.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 1 - Pollution Control Act › Section 48-1-180. Oaths; examination of witnesses; subpoenas.

In any such hearing, any member of the Department, the executive director or any employee or agent thereof authorized by the Department may administer oaths, examine witnesses and issue in the name of the Department notices of hearings and subpoenas requiring the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in any such hearing. Witnesses shall receive the same fees and mileage as in civil actions.
HISTORY: 1962 Code Section 63-195.21; 1952 Code Section 70-128; 1950 (46) 2153; 1970 (56) 2512.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 1 - Pollution Control Act › Section 48-1-190. Refusal to obey notice of hearing or subpoena.

In case of refusal to obey a notice of hearing or subpoena, the court of common pleas shall have jurisdiction, upon application of the Department, to issue an order requiring such person to appear and testify or produce evidence, as the case may require, and any failure to obey such order of the court may be punished by the court as a contempt thereof.
HISTORY: 1962 Code Section 63-195.22; 1952 Code Section 70-129; 1950 (46) 2153; 1970 (56) 2512.