reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 56 - Innovation In Environmental Approaches › Section 48-56-50. Issuance of variances.

The department may grant a participant a variance from a requirement in South Carolina environmental law that would otherwise apply to a facility covered by a cooperative agreement if the variance does one or more of the following:
(1) achieves measurable emissions reductions or reductions in discharges of waste that exceed otherwise applicable statutory and regulatory requirements through the use of innovative environmental approaches;
(2) provides for alternative monitoring, testing, recordkeeping, notification, or reporting requirements that reduce the administrative burden on the department or the participant and that provides the information needed to ensure compliance with the cooperative agreement and the provisions of South Carolina environmental law for which the cooperative agreement does not grant a variance; or
(3) achieves natural resource conservation or reductions in the use of natural resources or energy consumption.
HISTORY: 2002 Act No. 318, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 56 - Innovation In Environmental Approaches › Section 48-56-60. Application requirements; interested persons group.

Applications submitted for participation in the program must include a draft cooperative agreement that satisfies Section 48-56-30. An applicant must establish an interested persons group that includes residents of the area in which the facility proposed to be covered by the agreement is located and the application must include a description of the process used by the applicant to the group. The application must also include a list of members of the interested persons group, and any other interested person who has requested notification.
HISTORY: 2002 Act No. 318, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 56 - Innovation In Environmental Approaches › Section 48-56-70. Application review; time-frame for entering into initial agreements; renewal.

(A) The department shall review each application submitted under Section 48-56-60. Upon completion of the review, the department shall decide whether to enter into negotiations with the applicant to finalize the cooperative agreement. If the application involves federal environmental law and regulations that the department is authorized to administer and enforce, the department shall consult with the U.S. Environmental Protection Agency to ensure that any action taken on the application is consistent with the department's federal program delegation, authorization, or approvals.
(B) Participation is at the discretion of the department, and any decision to reject an initial application or a draft cooperative agreement is not appealable under Section 1-23-310 of the Administrative Procedures Act or under Regulation 61-72 concerning procedures for contested cases.
(C) The department may terminate negotiations with an applicant concerning a draft cooperative agreement and the decision to terminate negotiations is not appealable under Section 1-23-310 of the Administrative Procedures Act or under Regulation 61-72 concerning procedures for contested cases.
(D) The department may not enter into an initial cooperative agreement after the first day of the 60th month beginning after the effective date of this act.
(E) At least six months before the expiration of the initial cooperative agreement, the participant shall notify the department of whether or not it wishes to renew the cooperative agreement. A cooperative agreement may be renewed one time for a period of up to five years. If the participant wishes to renew the cooperative agreement, it shall include with the notification any requests for changes to the initial agreement.
(F) If the participant or the department decides not to renew the cooperative agreement, the participant shall submit at least three months before the expiration of the initial cooperative agreement an application for any approvals needed to replace the terms of the agreement and any information requested by the department. If the department does not issue the approvals before the expiration of the cooperative agreement, the agreement remains in effect until the approvals are issued by the department.
HISTORY: 2002 Act No. 318, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 56 - Innovation In Environmental Approaches › Section 48-56-80. Amendment or revocation of cooperative agreements.

(A) The department may amend a cooperative agreement with the consent of the participant or when there is a change in South Carolina environmental law.
(B) The department may revoke a cooperative agreement at the request of the participant.
(C) The department may, after an opportunity for a hearing, revoke a cooperative agreement if it finds that the participant:
(1) is not in compliance with the cooperative agreement;
(2) is not in compliance with an approval that is not replaced by the cooperative agreement or with a provision of South Carolina environmental law for which the cooperative agreement does not grant a variance;
(3) has refused the department's request to amend the cooperative agreement;
(4) is unable, or has shown an unwillingness, to comply with pollution reduction goals that apply to the participant under the cooperative agreement;
(5) has entered into the cooperative agreement by misrepresenting or failing to fully disclose all relevant information or any information requested by the department.
(D) If the department revokes a cooperative agreement, it shall include in a written revocation decision:
(1) deadlines that provide the participant with a reasonable amount of time to obtain required approvals that were replaced by the cooperative agreement;
(2) any interim requirements that are needed to ensure that the participant is in compliance with all South Carolina environmental law applicable to the participant until the department issues the final approvals;
(3) any requirements of the cooperative agreement for which the department does not establish interim requirements remains in effect until the department issues the final approvals.
(E) A final decision under subsection (C) is subject to review under Section 1-23-310 of the Administrative Procedures Act or under Regulation 61-72 concerning procedures for contested cases.
HISTORY: 2002 Act No. 318, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 56 - Innovation In Environmental Approaches › Section 48-56-90. Public comment on issuance or revocation of cooperative agreements; notice.

(A) The department shall provide at least 30 days for public comment on the proposed issuance or revocation of a cooperative agreement and in other instances as the department deems appropriate.
(B) The department shall prepare a public notice of a proposed action under subsection (A) that:
(1) briefly describes the facility that is the subject of the proposed action;
(2) identifies the proposed action and states whether any variances would be granted under Section 48-56-50 by the proposed action;
(3) identifies an employee of the department and an employee of the applicant or participant who may be contacted for additional information about the proposed action;
(4) states that the draft of the proposed action is available upon request;
(5) states that comments concerning the proposed action may be submitted to the department during the comment period and states the last date of the comment period.
(C) Before the start of the public comment period, the department shall provide the public notice under subsection (B) to the applicant or participant, the federal Environmental Protection Agency, the members of the interested persons group established under Section 48-56-60 and all persons who have asked to receive notice of proposed actions under subsection (A). The department shall mail the public notice to any other person upon request. The department shall make a copy of the public notice available at the department's main office and at the environmental quality control district office where the facility subject to the proposed action is located. The applicant shall circulate the public notice in the area of the facility subject to the proposed action by posting the notice in public buildings, publishing the notice in local newspapers, and by any other approaches that the department determines are effective.
(D) The department shall hold a public informational forum on a proposed action if the comments received during the public comment period demonstrate considerable public interest in the proposed action.
HISTORY: 2002 Act No. 318, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 56 - Innovation In Environmental Approaches › Section 48-56-100. Force and effect of cooperative agreements.

(A) A cooperative agreement has the same force and effect as any approvals identified as being replaced by the cooperative agreement. A provision of an approval that is identified under Section 48-56-20 as being replaced by the cooperative agreement is superseded by the cooperative agreement from the effective date of the initial or renewed agreement until it is amended, revoked, or expired.
(B) Notwithstanding any other provision of this chapter, no agreement entered into by the department may allow a participant to cause an unauthorized release or discharge in violation of South Carolina environmental laws.
HISTORY: 2002 Act No. 318, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 56 - Innovation In Environmental Approaches › Section 48-56-120. Reporting requirements; notification requirements for changes to amount or content of discharge or emission.

(A) Reports submitted under a cooperative agreement fulfill the reporting requirements under South Carolina environmental law relating to the facility, activities, and pollutants that are covered by the cooperative agreement, except for any requirements for immediate reporting.
(B) A participant shall notify the department if it wishes to increase the amount of a discharge or emission or commence the discharge or emission of a pollutant from a covered facility that was not provided for in the cooperative agreement at the time it became effective. The notification shall describe any proposed facility expansion, production increases or process modifications that would result in the increased or new discharge or emission and shall state the identity and quantity of the pollutant planned to be emitted or discharged. If the increased or new discharge or emission is not authorized under the cooperative agreement, the department may amend the cooperative agreement or require the participant to obtain an approval if an approval is required under South Carolina environmental law.
HISTORY: 2002 Act No. 318, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 56 - Innovation In Environmental Approaches › Section 48-56-130. Reports of performance evaluations revealing violations.

A participant shall submit a report to the department within 14 days after completion of a performance evaluation if the performance evaluation reveals violations at a facility covered by a cooperative agreement. The report shall contain a:
(1) description of the performance evaluation, including who conducted the performance evaluation, when it was completed, what activities and operations were examined and the results of the performance evaluation;
(2) description of any violations revealed by the performance evaluation;
(3) description of the actions the participant is taking or is proposing to take to diligently correct the violations within a reasonable period of time;
(4) proposed compliance schedule for correcting the violations;
(5) description of the measures that the participant has taken or will take to prevent future violations.
HISTORY: 2002 Act No. 318, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 56 - Innovation In Environmental Approaches › Section 48-56-140. Review of proposed corrective actions and compliance schedule; revocation or amendment of cooperative agreements; factors for approval of compliance schedule.

(A) The department shall review the report, the actions, or proposed actions to correct the violations and the proposed compliance schedule. The department may:
(1) approve the actions and the compliance schedule as submitted;
(2) propose different actions or compliance schedule; or
(3) disapprove the proposed actions or compliance schedule.
(B) If the department and the participant do not reach an agreement on the actions to correct the violations or on a compliance schedule or the department disapproves the use of a compliance schedule, the department may initiate procedures to revoke the cooperative agreement and may commence an enforcement action.
(C) If the parties reach agreement, the department may amend the cooperative agreement to incorporate the actions to correct the violations and the compliance schedule.
(D) The department may consider these factors in determining whether to approve a compliance schedule:
(1) environmental and public health consequences of the violations;
(2) time needed to implement a change in raw materials or method of production if that change is an available alternative to other approaches for correcting the violations; and
(3) time needed to purchase any equipment or supplies that are needed to correct the violations.
HISTORY: 2002 Act No. 318, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 56 - Innovation In Environmental Approaches › Section 48-56-150. Enforcement actions.

(A) If the participant diligently pursues compliance and corrects the violations that are disclosed in a report in accordance with Sections 48-56-130 and 48-56-140, the department may not commence an enforcement action for the violations.
(B) The department may not commence an enforcement action for violations covered by a compliance schedule that is approved under Section 48-56-140 during the period of the compliance schedule if the participant is not in violation of the schedule. If the participant violates the compliance schedule, the department may initiate procedures to revoke the cooperative agreement and may commence an enforcement action for the violations.
(C) Notwithstanding subsection (A), the department may at any time commence an enforcement action for violations if:
(1) significant environmental harm or a public health threat was caused by the violation;
(2) the department discovers the violations before submission of a report under Section 48-56-130;
(3) the department disapproves the compliance schedule or proposed actions under Section 48-56-140;
(4) the violation has resulted in a substantial economic benefit which gives the violator a clear economic advantage over its business competitors;
(5) the violation occurred within one year of a similar prior violation at the same facility;
(6) there is a violation of a judicial or administrative order against the facility; or
(7) the violation was committed intentionally, wilfully, or through criminal or gross negligence.
HISTORY: 2002 Act No. 318, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 56 - Innovation In Environmental Approaches › Section 48-56-160. Disclosure of records and reports.

(A) Except as provided in subsection (B), the department shall make any record, report, or other information obtained in the administration of this section available to the public pursuant to the South Carolina Freedom of Information Act.
(B) The department shall keep confidential any part of a record, report, or other information obtained in the administration of this section, other than emission data, discharge data, or information contained in a cooperative agreement, upon a showing satisfactory to the department by any person that the part of a record, report, or other information would, if made public, divulge a method or process that is entitled to protection as a trade secret, as defined in Section 30-4-40, of that person.
(C) If the department refuses to release information on the grounds that it is confidential under subsection (B) and a person challenges that refusal, the department shall inform the applicant or participant of that challenge. Unless the applicant or participant authorizes the department to release the information, the applicant or participant shall pay the reasonable costs incurred by this State to defend the refusal to release the information.
(D) Subsection (B) does not prevent the disclosure of any information to a representative of the department for the purpose of administering this chapter.
HISTORY: 2002 Act No. 318, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 57 - Environmental Audit Privilege And Voluntary Disclosure › Section 48-57-10. Purpose.

(A) The General Assembly finds that the protection of the environment rests principally on the public's voluntary compliance with environmental laws; that voluntary compliance is most effectively achieved through the implementation of regular self-evaluative activities such as audits of compliance status and management systems to assure compliance; and that it is in the public's interest to encourage these activities by assuring limited protection of audit findings and of fair treatment of those who report an environmental compliance violation or audit findings to regulatory authorities in accordance with Section 48-57-100. In order to encourage owners and operators of facilities and persons conducting other activities regulated under federal, state, regional, or local laws to conduct voluntary internal environmental audits of compliance programs or management systems and to assess and improve compliance with these laws, an environmental audit privilege is established and recognized to protect the confidentiality of communications relating to voluntary internal environmental audits and a limited protection from penalties is established for those who disclose an environmental compliance violation or audit findings to regulatory authorities.
(B) Notwithstanding any other provisions of law, nothing in this chapter shall be construed to protect individuals, entities, or facilities from a criminal investigation or prosecution carried out by any appropriate governmental entity.
(C) Notwithstanding any other provision of law, any privilege granted by this chapter shall apply only to those communications, oral or written, pertaining to and made in connection with the self-audit and shall not apply to the facts relating to the violation itself.
HISTORY: 1996 Act No. 384, Section 2; 2000 Act No. 270, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 57 - Environmental Audit Privilege And Voluntary Disclosure › Section 48-57-20. Definitions.

As used in this chapter:
(1) "Department" means the South Carolina Department of Health and Environmental Control.
(2) "Environmental audit" means a voluntary, internal evaluation or review of one or more facilities or an activity at one or more facilities regulated under federal, state, regional, or local environmental law, or of compliance programs, or management systems related to the facility or activity if designed to identify and prevent noncompliance and to improve compliance with these laws. For the purposes of this act, an environmental audit does not include an environmental site assessment of a facility conducted solely in anticipation of the purchase, sale, or transfer of the business or facility. An environmental audit may be conducted by the owner or operator, the parent corporation of the owner or operator or by their officers or employees, or by independent contractors. An environmental audit must be a discrete activity with a specified beginning date and scheduled ending date reflecting the auditor's bona fide intended completion schedule.
(3) "Environmental audit report" means a document marked or identified as such with a completion date existing either individually or as a compilation prepared in connection with an environmental audit. An environmental audit report may include, but is not limited to, field notes and records of observations, findings, opinions, suggestions, recommendations, conclusions, drafts, memoranda, drawings, photographs, computer-generated or electronically-recorded information, maps, charts, graphs, and surveys, provided the supporting information is collected or developed for the primary purpose and in the course of an environmental audit. An environmental audit report, when completed, may have these components:
(a) an audit report prepared by an auditor, which may include the scope and date of the audit and the information gained in the audit, together with exhibits and appendices and may include conclusions and recommendations;
(b) memoranda and documents analyzing the report and discussing implementation issues;
(c) an audit implementation plan that addresses correcting past noncompliance, improving current compliance, and preventing future noncompliance.
(4) "Environmental laws" means all provisions of federal, state, regional, and local laws, regulations, and ordinances pertaining to environmental matters.
HISTORY: 1996 Act No. 384, Section 2; 2000 Act No. 270, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 57 - Environmental Audit Privilege And Voluntary Disclosure › Section 48-57-40. Waiver of privilege.

(A) The privilege provided for in Section 48-57-30 does not apply to the extent that it is expressly waived in writing by the owner or operator of a facility at which an environmental audit was conducted and who prepared or caused to be prepared the audit report as a result of the audit.
(B) The audit report and information generated by the audit may be disclosed without waiving the privilege in Section 48-57-30 to:
(1) a person employed by the owner or operator or the parent corporation of the audited facility;
(2) a legal representative of the owner or operator or parent corporation; or
(3) an independent contractor retained by the owner or operator or parent corporation to conduct an audit on or to address an issue or issues raised by the audit.
(C) Disclosure of an audit report or information generated by the audit under these circumstances does not waive the privilege in Section 48-57-30:
(1) disclosure made under the terms of a confidentiality agreement between the owner or operator of the facility audited and a potential purchaser of the business or facility audited;
(2) disclosure made under the terms of a confidentiality agreement between governmental officials and the owner or operator of the facility audited;
(3) disclosure made under the terms of a confidentiality agreement between a customer, lending institution, or insurance company with an existing or proposed relationship with the facility.
HISTORY: 1996 Act No. 384, Section 2; 2000 Act No. 270, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 57 - Environmental Audit Privilege And Voluntary Disclosure › Section 48-57-45. Notification of audit.

In order to assert at any time in the future the privilege established in Section 48-57-30, the facility conducting the environmental audit shall, upon inspection by the department of the facility or no later than ten working days after completion of the department's inspection, notify the department of the existence of any audit relevant to the subject of the department's inspection as well as the beginning date and completion date of that audit. A responsible official from the facility or company shall certify by his or her signature in writing on the cover of the audit report the beginning date, the anticipated completion date, and the actual completion date of the audit.
HISTORY: 1996 Act No. 384, Section 2; 2000 Act No. 270, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 57 - Environmental Audit Privilege And Voluntary Disclosure › Section 48-57-50. Revocation of privilege in administrative proceedings.

In an administrative proceeding before an administrative law judge, the department may seek by motion a declaratory ruling on the issue of whether an environmental audit report is privileged. The administrative law judge shall revoke the privilege granted in Section 48-57-30 to an audit report if the factors set forth in this section apply. In a civil proceeding, the court, after an in camera review, shall revoke the privilege provided for in Section 48-57-30 if the court determines that disclosure of the environmental audit report was sought after the effective date of this chapter, and:
(1) the privilege is asserted for purposes of deception or evasion; or
(2) even if subject to the privilege provided for in Section 48-57-30:
(a) the material shows evidence of significant noncompliance with applicable environmental laws;
(b) the owner or operator of the facility has not promptly initiated and pursued with diligence appropriate action to achieve compliance with these environmental laws or has not made reasonable efforts to complete any necessary permit application; and
(c) as a result, the owner or operator of the facility did not or will not achieve compliance with applicable environmental laws or did not or will not complete the necessary permit application within a reasonable period of time.
HISTORY: 1996 Act No. 384, Section 26; 2000 Act No. 270, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 57 - Environmental Audit Privilege And Voluntary Disclosure › Section 48-57-60. Privilege in criminal proceedings.

The privilege provided for in Section 48-57-30 is not applicable in any criminal proceeding.
HISTORY: 1996 Act No. 384, Section 2; 2000 Act No. 270, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 57 - Environmental Audit Privilege And Voluntary Disclosure › Section 48-57-70. Burden of proof.

A party asserting the privilege provided for in Section 48-57-30 has the burden of proving that the materials claimed as privileged constitute an environmental audit report as defined by Section 48-57-20 and also of proving that compliance has been achieved or will be achieved through the exercise of best efforts. A party seeking disclosure under Section 48-57-50 has the burden of proving the condition for disclosure set forth in that section.
HISTORY: 1996 Act No. 384, Section 2; 2000 Act No. 270, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 57 - Environmental Audit Privilege And Voluntary Disclosure › Section 48-57-80. Stipulations; declaratory rulings.

The parties may at any time stipulate to entry of an order directing that specific information contained in an environmental audit report is or is not subject to the privilege. In the absence of an on-going proceeding, where the parties are not in agreement, the department may seek a declaratory ruling from the circuit court on the issue of whether the materials are privileged under Section 48-57-30 and whether the privilege, if existing, should be revoked pursuant to Section 48-57-50.
HISTORY: 1996 Act No. 384, Section 2; 2000 Act No. 270, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 57 - Environmental Audit Privilege And Voluntary Disclosure › Section 48-57-90. Construction.

Nothing in this chapter limits, waives, or abrogates:
(1) the scope or nature of any statutory or common law privilege, including the work-product privilege or the attorney-client privilege;
(2) any existing ability or authority under state law to challenge privilege; or
(3) the department's authority to obtain or use documents or information that the department otherwise has the authority to obtain under state regulations promulgated pursuant to federally-approved programs.
HISTORY: 1996 Act No. 384, Section 2; 2000 Act No. 270, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 57 - Environmental Audit Privilege And Voluntary Disclosure › Section 48-57-110. Effect of state or local governmental rule, regulation, guidance, policy, or permit condition.

No state or local governmental rule, regulation, guidance, policy, or permit condition may circumvent or limit the privileges established by this chapter or the exercise of the privileges or the presumption and immunity established by this chapter.
HISTORY: 1996 Act No. 384, Section 2; 2000 Act No. 270, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 59 - The South Carolina Conservation Bank Act › Section 48-59-20. Purpose.

The General Assembly finds that:
(1) South Carolina is experiencing rapid land development and economic growth which has benefited the state's people and economy, but has also led to the loss of forestlands, farmlands, wildlife habitats, outstanding natural areas, beaches and public areas for outdoor recreation; and has impacted the health of the state's streams, rivers, wetlands, estuaries, and bays, all of which impacts the quality of life of the state's current and future citizens and may jeopardize the well-being of the state's environment and economy if not addressed appropriately.
(2) This same rapid land development has also led to the loss of historical and archaeological sites that embody the heritage of human habitation in the State.
(3) Additionally, as urban areas expand and the separation of urban residents from open lands increases, there is a need to preserve greenways, open space, and parks in urban areas in order to promote balanced growth and promote the well-being and quality of life of our state's citizens.
(4) There is a critical need to fund the preservation of, and public access to, wildlife habitats, outstanding natural areas, sites of unique ecological significance, historical sites, forestlands, farmlands, watersheds, and open space, and urban parklands as an essential element in the orderly development of the State.
(5) The protection of open space by acquisition of interests in real property from willing sellers is essential to ensure that the State continues to enjoy the benefits of wildlife habitats, forestlands, farmlands, parks, historical sites, and healthy streams, rivers, bays, and estuaries; for recreational purposes, for scientific study, for aesthetic appreciation, for protection of critical water resources, to maintain the state's position as an attractive location for visitors and new industry, and to preserve the opportunities of future generations to access and benefit from the existence of the state's outstanding natural and historical sites.
(6) It is critical to encourage cooperation and innovative partnerships among landowners, state agencies, municipalities, and nonprofit organizations, which must work together in order to meet these objectives.
(7) In order to carry out these purposes, the State must establish an ongoing funding source to acquire interests in land from willing sellers that meets these objectives and to ensure the orderly development of the State. To these ends, the General Assembly enacts the "South Carolina Conservation Bank Act".
HISTORY: 2002 Act No. 200, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 59 - The South Carolina Conservation Bank Act › Section 48-59-30. Definitions.

As used in this chapter:
(1) "Bank" means the South Carolina Conservation Bank.
(2) "Board" means the governing board of the bank.
(3) "Trust fund" means the South Carolina Conservation Bank Trust Fund established pursuant to Section 48-59-60.
(4) "Eligible trust fund recipient" means:
(a) the following state agencies, which own and manage land for the land's natural resource, historical, and outdoor recreation values:
(i) South Carolina Department of Natural Resources,
(ii) South Carolina Forestry Commission, and
(iii) South Carolina Department of Parks, Recreation and Tourism.
(b) a municipality of this State and any agency, commission, or instrumentality of such a municipality;
(c) a county of this State and any agency, commission, or instrumentality of such county; or
(d) a not-for-profit charitable corporation or trust authorized to do business in this State whose principal activity is the acquisition and management of interests in land for conservation or historic preservation purposes and which has tax-exempt status as a public charity under the Internal Revenue Code of 1986.
(5) "Farmland" means land used for the production of food, fiber, or other agricultural products.
(6) "Land" means real property, including highlands and wetlands of any description.
(7) "Conservation easement" means an interest in real property as defined in Chapter 8 of Title 27, the South Carolina Conservation Easement Act of 1991.
(8) "Interests in lands" means fee simple titles to lands or conservation easements.
HISTORY: 2002 Act No. 200, Section 1; 2018 Act No. 224 (H.4727), Section 1, eff July 1, 2018.
Effect of Amendment
2018 Act No. 224, Section 1, in (4), inserted (c), relating to counties, redesignated (c) as (d), and made a nonsubstantive change.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 59 - The South Carolina Conservation Bank Act › Section 48-59-60. South Carolina Conservation Bank Trust Fund.

To receive and hold revenues of the bank, there is created in the State Treasury separate and distinct from all other funds the South Carolina Conservation Bank Trust Fund. Earnings on the trust fund are retained in the trust fund and unexpended trust fund revenues at the end of a fiscal year are carried forward in the trust fund. The trust fund may receive revenues from any source the General Assembly may provide by law and from governmental grants and private gifts and bequests. Trust fund revenues may be used only as provided in this chapter.
HISTORY: 2002 Act No. 200, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 59 - The South Carolina Conservation Bank Act › Section 48-59-75. Repealed.

HISTORY: Former Section, titled Restriction on transfer of deed recording fees to trust fund, had the following history: 2002 Act No. 200, Section 5. Repealed by 2018 Act No. 224, Section 6.A, eff July 1, 2018.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 59 - The South Carolina Conservation Bank Act › Section 48-59-90. Eminent domain or condemnation proceedings.

Funds from the trust fund may not be used to acquire interests in lands or other interests in real property through the exercise of any power of eminent domain or condemnation proceeding.
HISTORY: 2002 Act No. 200, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 59 - The South Carolina Conservation Bank Act › Section 48-59-100. Public access requirement.

Notwithstanding any other provision of this chapter, an easement acquired in whole or in part with trust funds must provide for public access consistent with the uses permitted by the terms of the easement.
HISTORY: 2002 Act No. 200, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 59 - The South Carolina Conservation Bank Act › Section 48-59-110. Trust fund use restriction.

(A) Trust funds may be used only by eligible trust fund recipients for the acquisition of interests in land, including closing costs. Trust funds may not be used to pay general operating expenses of eligible trust fund recipients, nor may trust funds be used for the management or maintenance of acquired interests in land. Trust funds only may be dispersed at the closing of transactions in which an interest in land is acquired.
(B) The board, in its discretion, may award additional grant funds to the South Carolina Department of Natural Resources, the South Carolina Department of Parks, Recreation and Tourism, or the South Carolina Forestry Commission for the acquisition of fee simple title to land to which the public will have full access. The additional funds must be used only for improvements that create or enhance wildlife habitats. The state agency receiving the funds shall include with its grant application a request for the additional funds and a detailed description of how the additional funds, if awarded, would be used. If additional funds are awarded by the board, the state agency receiving the funds shall submit a report to the board every six months after the award has been made describing in detail how the funds have been used and continue to submit a report until the funds are fully utilized. If the additional funds have not been utilized two years after receipt, the remaining balance must be refunded to the trust fund.
HISTORY: 2002 Act No. 200, Section 1; 2018 Act No. 224 (H.4727), Section 5, eff July 1, 2018.
Effect of Amendment
2018 Act No. 224, Section 5, inserted the (A) designator and added (B), authorizing the bank to award additional grant funds to certain agencies for the acquisition of fee simple title to land and establishing reporting requirements.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 59 - The South Carolina Conservation Bank Act › Section 48-59-120. Repeal or amendment requirements applicable to Section 48-59-90.

Neither this section nor Section 48-59-90 may be repealed, amended, or otherwise modified except by an affirmative two-thirds vote of the total membership of both the House of Representatives and the Senate.
HISTORY: 2002 Act No. 200, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 59 - The South Carolina Conservation Bank Act › Section 48-59-130. Recreational and economic use.

The provisions of this chapter must not be construed to eliminate or unreasonably restrict hunting, fishing, farming, forestry, timber management, or wildlife habitat management, as regulated by the laws of this State, upon lands for which interests in lands are obtained pursuant to this chapter. These and other traditional and compatible activities may be conducted, where appropriate, upon lands preserved with trust funds.
HISTORY: 2002 Act No. 200, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 59 - The South Carolina Conservation Bank Act › Section 48-59-140. Conservation easements.

When trust funds are used to purchase a conservation easement on land, the conservation easement will be the controlling legal document regarding what is and what is not permitted upon the land, how the land will be preserved, and what rights are vested with the eligible trust fund recipient or its assigns which hold the conservation easement. If any inconsistencies or ambiguities arise between the provisions of this chapter and the terms and conditions of a conservation easement purchased with trust funds, the terms and conditions of the conservation easement must prevail. The board must exercise due diligence to assure the terms and conditions of conservation easements are consistent with the purposes of this chapter before disbursing trust funds for the purchase of such conservation easements.
HISTORY: 2002 Act No. 200, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 60 - South Carolina Manufacturer Responsibility And Consumer Convenience Information Technology Equipment Collection And Recovery Act › Section 48-60-05. Short title.

Section effective until December 31, 2029.
This chapter may be cited as the "South Carolina Manufacturer Responsibility and Consumer Convenience Information Technology Equipment Collection and Recovery Act".
HISTORY: 2010 Act No. 178, Section 1, eff July 1, 2011; 2022 Act No. 234 (H.4775), Section 1.A, eff June 17, 2022.
Editor's Note
2010 Act No. 178, Section 3, provides:
"This act takes effect July 1, 2011; provided, however, a retailer must be allowed an additional period of six months from the effective date to sell any inventory purchased prior to the effective date before having to comply with the applicable provisions of this act."
2022 Act No. 234, Section 1.B, provides as follows:
"[SECTION 1.]B. Section 14 of Act 129 of 2014, as amended by Act 82 of 2021, is repealed. Section 48-60-55 of the 1976 Code is repealed December 31, 2022. The remaining provisions of this chapter, except Section 48-60-90, are repealed December 31, 2029."
Effect of Amendment
2022 Act No. 234, Section 1.A, reenacted the section with no apparent change.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 60 - South Carolina Manufacturer Responsibility And Consumer Convenience Information Technology Equipment Collection And Recovery Act › Section 48-60-10. Legislative findings.

Section effective until December 31, 2029.
The General Assembly finds:
(1) Televisions, computing, and printing devices are critical to the development of this state's economy and the promotion of the quality of life of the citizens of this State.
(2) Many of these televisions, computing, and printing devices can be refurbished and reused, or recycled.
(3) Developing and implementing a system for recovering televisions, computing, and printing devices promotes resource conservation, public health, public safety, and economic prosperity.
(4) In order to carry out these purposes, the State must establish a comprehensive and convenient recovery program for televisions, computing, and printing devices based on individual manufacturer responsibility and shared responsibility among consumers, retailers, and government, and that the program must ensure that end-of-life televisions, computing, and printing devices are disposed of in a manner that promote resource conservation through the development of an effective and efficient system for collection and recycling, and to encourage manufacturers to offer convenient collection and recycling service to consumers at no charge.
HISTORY: 2010 Act No. 178, Section 1, eff July 1, 2011; 2022 Act No. 234 (H.4775), Section 1.A, eff June 17, 2022.
Editor's Note
2010 Act No. 178, Section 3, provides:
"This act takes effect July 1, 2011; provided, however, a retailer must be allowed an additional period of six months from the effective date to sell any inventory purchased prior to the effective date before having to comply with the applicable provisions of this act."
2022 Act No. 234, Section 1.B, provides as follows:
"[SECTION 1.]B. Section 14 of Act 129 of 2014, as amended by Act 82 of 2021, is repealed. Section 48-60-55 of the 1976 Code is repealed December 31, 2022. The remaining provisions of this chapter, except Section 48-60-90, are repealed December 31, 2029."
Effect of Amendment
2022 Act No. 234, Section 1.A, reenacted the section with no apparent change.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 60 - South Carolina Manufacturer Responsibility And Consumer Convenience Information Technology Equipment Collection And Recovery Act › Section 48-60-30. Computer, computer monitor, or television manufacturer to provide label on covered devices.

Section effective until December 31, 2029.
A computer, computer monitor, or television manufacturer may not sell or offer to sell a covered device unless a label indicating the computer, computer monitor, or television manufacturer's brand is permanently affixed to the covered device in a readily visible location.
HISTORY: 2010 Act No. 178, Section 1, eff July 1, 2011; 2014 Act No. 129 (H.3847), Section 2, eff March 4, 2014; 2022 Act No. 234 (H.4775), Section 1.A, eff June 17, 2022.
Editor's Note
2010 Act No. 178, Section 3, provides:
"This act takes effect July 1, 2011; provided, however, a retailer must be allowed an additional period of six months from the effective date to sell any inventory purchased prior to the effective date before having to comply with the applicable provisions of this act."
2022 Act No. 234, Section 1.B, provides as follows:
"[SECTION 1.]B. Section 14 of Act 129 of 2014, as amended by Act 82 of 2021, is repealed. Section 48-60-55 of the 1976 Code is repealed December 31, 2022. The remaining provisions of this chapter, except Section 48-60-90, are repealed December 31, 2029."
Effect of Amendment
2014 Act No. 129, Section 2, twice added "computer monitor".
2022 Act No. 234, Section 1.A, reenacted the section with no apparent change.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 60 - South Carolina Manufacturer Responsibility And Consumer Convenience Information Technology Equipment Collection And Recovery Act › Section 48-60-40. Computer manufacturer to provide recovery program or financial incentive of equal or greater value for sales or offers of sale of covered computer devices.

Section effective until December 31, 2029.
(A) A computer manufacturer may not sell or offer to sell in this State a covered computer device unless the computer manufacturer provides a recovery program at no charge. A recovery program must:
(1) require a computer manufacturer to offer to collect from a consumer a covered computer device bearing a label as provided in Section 48-60-30; and
(2) make the collection service as convenient to a consumer as the purchase of a covered computer device from a computer manufacturer as follows:
(a) A computer manufacturer may utilize a mail-back system in which a consumer can return an end-of-life covered device by mail, including a system in which a consumer can go online, print a prepaid shipping label, package the product, and affix the prepaid label to the package for deposit with the United States Postal Service or other carrier selected by the computer manufacturer.
(b) If the computer manufacturer does not provide a mail-back system, the computer manufacturer must provide collection sites or collection events, or both, that are centrally located in a county, region, or other locations based on population. Computer manufacturers shall work in coordination with the department to determine an appropriate number of collection sites or collection events, or both.
(B) A recovery program may use existing collection and consolidation infrastructure for collecting covered devices, including retailers, recyclers, and reuse organizations.
(C) Computer manufacturers may work collectively and cooperatively to offer collection services to consumers.
(D) A recovery program must be described on a computer manufacturer's Internet website if a manufacturer maintains an Internet website.
(E) Collection events under this section must accept any covered computer device.
HISTORY: 2010 Act No. 178, Section 1, eff July 1, 2011; 2022 Act No. 234 (H.4775), Section 1.A, eff June 17, 2022.
Editor's Note
2010 Act No. 178, Section 3, provides:
"This act takes effect July 1, 2011; provided, however, a retailer must be allowed an additional period of six months from the effective date to sell any inventory purchased prior to the effective date before having to comply with the applicable provisions of this act."
2022 Act No. 234, Section 1.B, provides as follows:
"[SECTION 1.]B. Section 14 of Act 129 of 2014, as amended by Act 82 of 2021, is repealed. Section 48-60-55 of the 1976 Code is repealed December 31, 2022. The remaining provisions of this chapter, except Section 48-60-90, are repealed December 31, 2029."
Effect of Amendment
2022 Act No. 234, Section 1.A, in (A), in the first sentence, deleted "or provides a financial incentive of equal or greater value, such as a coupon" from the end.