reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 81 - Bill Of Rights For Residents Of Long-term Care Facilities › Section 44-81-60. Grievance procedures; review by department.

Each facility shall establish grievance procedures to be exercised by or on behalf of the resident to enforce the rights provided by this act. The department shall review and approve these grievance procedures annually. This act is enforced by the department. The department may promulgate regulations to carry out the provisions of this act.
HISTORY: 1985 Act No. 118, Section 6.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 81 - Bill Of Rights For Residents Of Long-term Care Facilities › Section 44-81-70. Retaliation.

No facility by or through its owner, administrator, or operator, or any person subject to the supervision, direction, or control of the owner, administrator, or operator shall retaliate against a resident after the resident or the resident's legal representative has engaged in exercising rights under this act by increasing charges, decreasing services, rights, or privileges, or by taking any action to coerce or compel the resident to leave the facility or by abusing or embarrassing or threatening any resident in any manner.
HISTORY: 1985 Act No. 118, Section 7.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 87 - Asbestos Abatement License › Section 44-87-10. Definitions.

As used in this chapter:
(1) "Asbestos abatement entity" means any individual, partnership, firm, association, corporation, sole proprietorship, or other business concern, as well as an employee or member of a governmental, religious, or social organization, that is involved in asbestos abatement.
(2) "Asbestos project" means an activity associated with abatement, including inspection, design, air monitoring, in-place management, encapsulation, enclosure, renovation, repair, removal, any other disturbance of regulated asbestos-containing materials, and demolition of a regulated facility.
(3) "Contractor" means an individual partnership, corporation, or other business concern that performs asbestos abatement for a facility owner which is not a permanent employee of the facility owner.
(4) "Department" means the South Carolina Department of Health and Environmental Control.
HISTORY: 1988 Act No. 431; 2005 Act No. 167, Section 1, eff June 7, 2005.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 87 - Asbestos Abatement License › Section 44-87-20. Asbestos project licenses; fee; promulgation of forms and regulations.

(A) Asbestos abatement entities performing asbestos projects shall, before beginning work on a project, obtain an asbestos project license from the department. The license must be obtained for each project, and the fee for the license must be based on the square footage, linear footage, or volume of asbestos involved in the in-placement management, removal, encapsulation, enclosure, renovation, repair, or any other disturbance of regulated asbestos-containing materials.
(B) The department may prescribe appropriate license application forms and may require documentation to be attached to the application which is sufficient to verify that the appropriate fee is paid. The department may by regulation define special projects and prescribe alternate procedures and fees for licensing special projects.
HISTORY: 1988 Act No. 431; 2005 Act No. 167, Section 1, eff June 7, 2005.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 87 - Asbestos Abatement License › Section 44-87-30. Asbestos project license for projects other than demolition; forms and documentation requirements; regulations.

An asbestos abatement entity involved in an asbestos project other than a demolition shall obtain a license from the department. The department may prescribe license application forms and may require documentation to be attached to the application which is sufficient to verify that the appropriate fee is paid. The department by regulation may define categories and requirements for licensing of personnel who perform asbestos abatement work.
HISTORY: 1988 Act No. 431; 2005 Act No. 167, Section 1, eff June 7, 2005.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 87 - Asbestos Abatement License › Section 44-87-40. Promulgation of regulations prescribing standards of performance; fees.

(A) The department may promulgate and enforce regulations to implement this chapter and to prescribe standards of performance for asbestos removal operations and criteria for obtaining the licenses required by this chapter.
(B) The department by regulation may establish fees sufficient to cover reasonable costs associated with the development, processing, and administration of the asbestos program. These costs may include, but are not limited to, staff, equipment, training, legal services, inspection and investigations, and enforcement activities.
HISTORY: 1988 Act No. 431; 2005 Act No. 167, Section 1, eff June 7, 2005.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 87 - Asbestos Abatement License › Section 44-87-50. Civil penalty.

A person violating a provision of this chapter may be assessed a civil penalty by the department in an amount not exceeding ten thousand dollars for each violation.
HISTORY: 1988 Act No. 431; 2005 Act No. 167, Section 1, eff June 7, 2005.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 89 - Licensing Of Birthing Centers › Section 44-89-30. Definitions.

As used in this chapter:
(1) "Birthing center" means a facility or other place where human births are planned to occur. This does not include the usual residence of the mother or any facility which is licensed as a hospital.
(2) "Board" means the South Carolina Board of Health and Environmental Control.
(3) "Certified Nurse-Midwife (CNM)" means a person educated in the discipline of nursing and midwifery, certified by examination by the American College of Nurse-Midwives, and licensed by the State Board of Nursing as a Registered Nurse.
(4) "Department" means the South Carolina Department of Health and Environmental Control.
(5) "Lay midwife" means an individual so licensed by the department.
(6) "Low risk" means normal, uncomplicated prenatal course as determined by adequate prenatal care and prospects for a normal, uncomplicated birth as defined by reasonable and generally accepted criteria of maternal and fetal health.
(7) "Midwifery" means the application of scientific principles in the care of "with woman" care during uncomplicated pregnancy, birth, and puerperium including care of the newborn, support of the family unit, and gynecologic health care.
(8) "Person" means a natural individual, private or public organization, political subdivision, or other governmental agency.
(9) "Physician" means a doctor of medicine or osteopathy with training in obstetrics or midwifery and licensed by the South Carolina State Board of Medical Examiners to practice medicine.
HISTORY: 1987 Act No. 99 Section 3.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 89 - Licensing Of Birthing Centers › Section 44-89-40. Licensing of birthing centers.

No person may establish, conduct, or maintain a birthing center without first obtaining a license from the department. The license is effective for a twelve-month period following the date of issue. A license issued under this chapter is not assignable or transferable and is subject to suspension or revocation at any time for failure to comply with this chapter or the regulations promulgated thereunder.
HISTORY: 1987 Act No. 99 Section 4.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 89 - Licensing Of Birthing Centers › Section 44-89-60. Reports from and investigations of centers; rules and regulations.

The department shall require reports from, regulate, investigate, and inspect all birthing centers and records of these facilities as necessary and promulgate regulations in accordance with the Administrative Procedures Act to carry out the purposes of this chapter. The regulations must include, but not be limited to, the following requirements:
(1) Births planned to occur at a birthing center must be restricted to low-risk births following normal, uncomplicated pregnancy.
(2) Birthing centers shall provide care by physicians, certified nurse-midwives, or licensed lay-midwives to childbearing women during pregnancy, birth, and puerperium.
(3) A physician must be on call and available to provide medical assistance at the birthing center at all times that it is serving the public.
(4) A physician shall make a written determination that the planned birth is low risk.
The regulations also must provide that any birthing center which is in operation at the time of promulgation of these regulations is given a reasonable period of time, not to exceed one year from the date of the promulgation, within which to comply with the regulations.
HISTORY: 1987 Act No. 99 Section 6.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 89 - Licensing Of Birthing Centers › Section 44-89-70. Disclosure of inspection information and reports prohibited; exceptions.

Information received by the department through inspection or as otherwise authorized must not be disclosed publicly in a manner as to identify individuals, facilities, or programs except in a proceeding involving the question of licensing or the revocation of a license or unless ordered to do so by a court of competent jurisdiction.
HISTORY: 1987 Act No. 99 Section 7.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 89 - Licensing Of Birthing Centers › Section 44-89-80. Denial, suspension, and revocation of license; penalties.

(A) The department upon proper notice and opportunity for hearing in accordance with the Administrative Procedures Act and department regulations may deny, suspend, or revoke licenses or assess a monetary penalty on any of the following grounds:
(1) failure to establish or maintain proper standards of care and service as prescribed by the department;
(2) conduct or practice detrimental to the health or safety of patients, families, or employees of any facility or programs. This provision does not apply to any healing practices authorized by law;
(3) violations of any provisions of this chapter or the regulations promulgated under this chapter.
(B) If an existing facility has conditions or practices which, in the department's judgment, provide an immediate threat to the safety and welfare of the patients served, the department may suspend immediately the license of the facility. After the suspension, proper notice and opportunity for hearing must be provided.
HISTORY: 1987 Act No. 99 Section 8.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 89 - Licensing Of Birthing Centers › Section 44-89-90. Appeals.

Any applicant or licensee who is aggrieved with a final decision of the department as a result of the hearing provided for by Section 44-85-80 may appeal to the appropriate court for judicial review pursuant to the Administrative Procedures Act.
HISTORY: 1987 Act No. 99 Section 9.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 89 - Licensing Of Birthing Centers › Section 44-89-100. Enforcement actions; criminal offenses; penalties.

The department, in accordance with the laws of the State governing injunctions and other processes, may maintain an action in the name of the State against any person for establishing, conducting, managing, or operating any birthing center without obtaining a license as provided in this chapter. In charging any defendant in a complaint in the action, it is sufficient to charge that the defendant, upon a certain day and in a certain county, did establish, conduct, manage, or operate the birthing center without a license, without averring any further or more particular facts concerning the charge.
Any person violating the provisions of this chapter or regulations promulgated under this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars for a first offense and five hundred dollars for each subsequent offense. Each day the facility or program operates without a license after notice is considered a subsequent offense.
HISTORY: 1987 Act No. 99 Section 10.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 93 - Infectious Waste Management › Section 44-93-30. Regulations, procedures, and standards.

The department shall promulgate regulations, procedures, or standards necessary to carry out the provisions of this chapter and to protect the health and safety of the public, the health of living organisms and the environment from the effects of improper, inadequate, or unsound infectious waste management. The regulations must address, without limitation, criteria for determining whether waste is within the definition of infectious waste, standards for containment, storage, and treatment of infectious waste, report and recordkeeping requirements, procedures and requirements for registration as generators, facilities, and transporters of infectious waste, and for conditions and issuance of permits.
HISTORY: 1989 Act No. 134, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 93 - Infectious Waste Management › Section 44-93-40. Department administrative and public health emergency infectious waste management powers.

(A) To carry out the provisions and purposes of this chapter, the department may establish and collect registration and permit fees in connection with the provisions of this chapter; conduct inspections, investigations, obtain samples, and conduct research with respect to the operation and maintenance of a site or facility in which infectious waste is generated or managed; and issue, deny, revoke, suspend, or modify registration, permits, or orders under such conditions as it may prescribe for the operation of infectious waste treatment facilities or sites. No permit or registration may be revoked without first providing an opportunity for a hearing as provided pursuant to Article 3, Chapter 23 of Title 1, the Administrative Procedures Act.
(B) After the declaration of a public health emergency, as defined in Section 44-4-130, the department may exercise, for such period as the state of public health emergency exists, the following powers, in addition to any existing powers it has, for the safe disposal of infectious waste:
(1) to adopt and enforce measures to provide for the safe disposal of infectious waste as may be reasonable and necessary for emergency response. These measures may include, but are not limited to, the collection, storage, handling, destruction, treatment, transportation, and disposal of infectious waste;
(2) to require any business or facility authorized to collect, store, handle, destroy, treat, transport, and dispose of infectious waste under the laws of this State, and any landfill business or other such property, to accept infectious waste or provide services or the use of the business, facility, or emergency. When necessary during the state of the public health emergency, the business or facility must coordinate with the department on the management or supervision of the business or facility; and
(3) to procure, by order or otherwise, any business or facility authorized to collect, store, handle, destroy, treat, transport, and dispose of infectious waste under the laws of this State and any landfill business or other such property as may be reasonable and necessary for emergency response, with the right to take immediate possession thereof.
HISTORY: 1989 Act No. 134, Section 1; 2002 Act No. 339, Section 26, eff July 2, 2002.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 93 - Infectious Waste Management › Section 44-93-50. Powers of commissioner.

The director, upon receipt of information that an aspect of infectious waste management, within a publicly or privately-owned property, may present an imminent or substantial hazard to the health of persons or to the environment, may take such action as he determines necessary to protect the health of persons or the environment. The action the director may take may include, but is not limited to:
(1) entering the premises at any time where the infectious waste is located in order to assess what actions may be necessary;
(2) issuing or modifying an order directing the person responsible for the waste to take the steps necessary to prevent the act or eliminate the practice which constitutes the hazard;
(3) commencing an action enjoining the acts or practices. Upon a showing by the department that a person has engaged in the acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted;
(4) inspecting and obtaining samples from a person of any wastes, including samples from a vehicle in which wastes are being transported, as well as samples of a container or label. If available, upon request, the department shall provide a sample of equal volume or weight to the owner, operator, or agent in charge of the waste. The department also shall provide the owner, operator, or agent in charge with a copy of the results of an analysis of the samples once the results have been evaluated properly by the department to determine their validity.
HISTORY: 1989 Act No. 134, Section 1; 1993 Act No. 181, Section 1149.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 93 - Infectious Waste Management › Section 44-93-60. Storage of infectious waste.

(A) Storage of infectious waste must be in such a manner and location which affords protection from animals and weather conditions and which minimize exposure to the public.
(B) Infectious waste must be segregated from other waste at the point of origin and maintained in separate containers until it is treated.
(C) Infectious waste must be contained in approved disposable or reusable containers that are appropriate for the type and quantity of waste, must withstand handling, transfer, and transportation without impairing the integrity of the container, must be closed tightly and secured, and are compatible with selected storage and treatment processes.
(D) Sharps must be contained in rigid, puncture-resistant containers which are secured tightly to preclude loss of the contents.
(E) Containers of infectious waste must be labeled properly, clearly identifiable as infectious waste, and readily distinguishable from other waste.
(F) Infectious waste must be stored under conditions and for periods of time as provided pursuant to regulations.
HISTORY: 1989 Act No. 134, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 93 - Infectious Waste Management › Section 44-93-70. Transportation of infectious waste.

(A) Infectious waste must be transported in such a manner that the integrity of the waste containers is maintained and that occupational hazards are minimized.
(B) No infectious waste may be received for transportation or transported into or within this State if it is not properly contained, identified, labeled, and manifested pursuant to department regulations.
HISTORY: 1989 Act No. 134, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 93 - Infectious Waste Management › Section 44-93-80. Treatment and disposal of infectious waste.

(A) Infectious waste treated must be treated at a facility meeting the requirements of Section 44-93-120.
(B) Infectious waste must be treated as soon as practicable by one of the following treatment methods in accordance with the regulations promulgated under this chapter and any other applicable state or federal law and regulations:
(1) incineration;
(2) steam sterilization;
(3) chemical disinfectant; or
(4) any other department-approved treatment method.
(C) After treatment, the waste may be disposed of as any other waste if it is not subject to any other state or federal regulation.
(D) The following infectious waste may be disposed of pursuant to regulation before treatment:
(1) an approved liquid or semi-liquid waste may be discharged directly into a department-approved wastewater disposal system; and
(2) recognizable human anatomical remains may be disposed of by interment.
HISTORY: 1989 Act No. 134, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 93 - Infectious Waste Management › Section 44-93-90. Registration of infectious waste generators; identification of generator on waste labels and containers.

(A) All in-state generators of infectious waste shall register with the department within ninety days after regulations are promulgated by the department.
(B) Pursuant to regulations, all generators of infectious waste shall place proper, clearly legible, generator identification on all labels and containers of infectious waste before transfer or transportation.
HISTORY: 1989 Act No. 134, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 93 - Infectious Waste Management › Section 44-93-100. Generators exempt from provisions of chapter.

All in-state generators that produce less than fifty pounds of infectious waste a month are exempt from the provisions of this chapter except they shall comply with:
(1) the provisions of Section 44-93-90(A) of this chapter; and
(2) the management of the following infectious waste:
(a) sharps must be managed pursuant to this chapter and any regulations promulgated under this chapter;
(b) cultures and human blood and blood products must be managed pursuant to this chapter and any regulations promulgated under this chapter;
(c) products of conception, meaning fetal tissues and embryonic tissues resulting from implantation in the uterus, must be managed in accordance with requirements for pathological waste pursuant to this chapter and any regulations promulgated under this chapter;
(d) all other infectious waste may be disposed of as other solid waste.
HISTORY: 1989 Act No. 134, Section 1; 1995 Act No. 1, Section 4; 2002 Act No. 351, Section 1, eff July 20, 2002.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 93 - Infectious Waste Management › Section 44-93-110. Waste treatment, storage, or disposal facility prohibited from accepting certain infectious waste.

It is unlawful for a person who owns or operates a waste treatment, storage, or disposal facility within this State to accept any infectious waste generated in a jurisdiction which prohibits by law the treatment, storage, or disposal of that infectious waste within that jurisdiction.
HISTORY: 1989 Act No. 134, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 93 - Infectious Waste Management › Section 44-93-125. Permit to expand or construct facility; exceptions.

No person may expand or construct a new facility without a permit issued by the department. To obtain a permit, the applicant shall demonstrate the need for a facility or expansion. To determine if there is a need, infectious waste generated out-of-state may not be considered without department approval.
This section does not apply to:
(1) facilities owned by counties, municipalities, or public service districts which accept only infectious waste generated in this State;
(2) facilities that are owned or operated by the generator of the waste and this waste is generated in this State;
(3) generator facilities; or
(4) facilities currently operating under permits issued by the department, or to the renewal of existing permits issued by the department if there is no expansion of the capacity as prescribed in the conditions of the permit.
HISTORY: 1989 Act No. 134, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 93 - Infectious Waste Management › Section 44-93-130. Refusal to issue or renew registration to transport, or permit to operate; rehabilitation.

(A) The director may refuse to issue or renew a registration to transport infectious waste or a permit to operate a facility if he finds that within five years of the application for a registration or permit, the applicant has been:
(1) convicted of a crime involving moral turpitude by a court of law and all appeals have been exhausted;
(2) convicted pursuant to a violation of this chapter or any other laws of this State pertaining to solid or hazardous waste punishable as a felony; or
(3) adjudicated in contempt of a court order pertaining to the enforcement of a provision of this chapter or any other state or federal laws governing hazardous waste.
(B) The director may issue a registration or permit if the person has affirmatively demonstrated rehabilitation. The director, in making this determination, shall consider whether:
(1) the person has established formal controls and environmental auditing programs which would enhance compliance and prevent the occurrence of future violations; and
(2) the personal conduct of the person after the conviction or adjudication as it relates to the provisions and purposes of this chapter and any subsequent recommendations of other persons since rehabilitation.
HISTORY: 1989 Act No. 134, Section 1; 1993 Act No. 181, Section 1150.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 93 - Infectious Waste Management › Section 44-93-140. Unlawful to fail to comply with statute or regulations.

Following the promulgation of the regulations required pursuant to Section 44-93-30, it is unlawful for a person to fail to comply with this chapter or with a procedure or requirement set forth in the regulations.
HISTORY: 1989 Act No. 134, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 93 - Infectious Waste Management › Section 44-93-150. Enforcement; penalties.

(A) Whenever the department finds that a person is in violation of a permit, regulation, standard, or requirement under this chapter, the department may issue an order requiring the person to comply with the permit, regulation, standard, or requirement or the department may bring civil action for injunctive relief in the appropriate court; or, the department may request that the Attorney General bring civil or criminal enforcement action under subsection (B) or (C) of this section. Violation of a court order issued pursuant to this section is contempt of the issuing court and punishable as provided by law. The department also may invoke civil penalties as provided in this section for violations of the provisions of this chapter, including an order, permit, regulation, or standard. After exhaustion of administrative remedies, a person against whom a civil penalty is invoked by the department may appeal the decision of the department or board to the Court of Common Pleas.
(B) A person who violates a provision of Section 44-93-140 is liable for a civil penalty not to exceed ten thousand dollars a day of violation.
(C) A person who wilfully violates a provision of Section 44-93-140 is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars for each day of violation or imprisoned for not more than one year, or both. If the conviction is for a second or subsequent offense, the punishment must be by a fine not to exceed twenty-five thousand dollars for each day of violation or imprisonment not to exceed two years, or both.
(D) Each day of noncompliance with an order issued pursuant to this chapter or noncompliance with a permit, regulation, standard, or requirement pursuant to this chapter constitutes a separate offense.
HISTORY: 1989 Act No. 134, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 93 - Infectious Waste Management › Section 44-93-160. Fees on commercial treatment of infectious waste; reports; penalties.

(A) There is a fee on the treatment of infectious waste in this State equal to thirty dollars a ton for the first one thousand five hundred tons in a month and eight dollars a ton in excess of one thousand five hundred tons a month on the pretreatment weight of infectious waste to be imposed upon facilities required to be permitted pursuant to this chapter.
(B) The owner or operator of a facility required to be permitted pursuant to this chapter treating infectious waste shall submit, not later than the tenth day of each month, to the Department of Health and Environmental Control:
(1) a report detailing the total weight of infectious waste received for treatment during the preceding month and its point of origin;
(2) a check made payable to the department for the fee due for the preceding month;
(3) in case of failure to file a return on or before the date prescribed by law or failure to pay a fee on or before the date prescribed by law, there must be added a penalty of twenty-five percent of the amount of fee due. The department may revoke a permit to operate for failure to pay any fees, penalties, or interest required by law. Upon payment the department may reinstate the permit to an operator of a permitted treatment facility treating infectious waste in this State. The penalty provided by this item may be reduced or waived by the department for reasonable cause.
(C) A person treating infectious waste who fails to remit the fee or penalty as provided by law must be charged interest at the rate of one percent a month. Interest must be calculated on the full amount of the fee or portion of it, exclusive of penalties, from the time the fee or penalty was due and paid in its entirety.
HISTORY: 1989 Act No. 134, Section 1; 1990 Act No. 612, Part II, Section 6A; 1994 Act No. 497, Part II, Section 30B; 1997 Act No. 155, Part II, Section 78A.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 93 - Infectious Waste Management › Section 44-93-165. Infectious Waste Program Fund; establishment; funding.

The department shall establish an Infectious Waste Program Fund to ensure the availability of funds to carry out the department's responsibilities under this chapter. This fund must be financed by the fees imposed pursuant to Section 44-93-160. From the revenue derived from the fees on infectious waste, an amount equal to eight dollars a ton for the first one thousand five hundred tons in a month must be deposited into the Infectious Waste Program Fund.
HISTORY: 1994 Act No. 497, Part II, Section 30A; 1997 Act No. 155, Part II, Section 78B.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 93 - Infectious Waste Management › Section 44-93-170. Infectious Waste Contingency Fund.

The department shall establish an Infectious Waste Contingency Fund to ensure the availability of funds for response actions necessary at permitted infectious waste treatment facilities and necessary from accidents in the transportation of infectious waste and to defray the cost of governmental response actions associated with infectious waste. After funding of the Infectious Waste Program Fund, as provided for in Section 44-93-165, the Infectious Waste Contingency Fund must be financed by the remaining fees imposed pursuant to Section 44-93-160. The fees credited to the Infectious Waste Contingency Fund must be allocated as follows: an amount equal to two-thirds of the fees must be deposited into the fund and an amount equal to one-third of the fees must be held in a separate and distinct account within the fund for the purpose of being returned to each county in which the fee imposed by Section 44-93-160 is collected. When the amount of fees held in the Infectious Waste Contingency Fund meets or exceeds three hundred fifty thousand dollars, all fees remaining after funding the Infectious Waste Program Fund must be placed in the account established for counties and distributed as provided for in this section. When the balance in the Infectious Waste Contingency Fund reaches $250,000 or less, all fees remaining after funding the Infectious Waste Program Fund must be retained by the contingency fund until the fund reaches $350,000. Interest earned by the funds must be credited to the general fund of the State. Proceeds of the county account returned to a county pursuant to this section must be released by the State Treasurer upon the written request of a majority of the legislative delegation of the recipient county.
HISTORY: 1989 Act No. 134, Section 1; 1990 Act No. 612, Part II, Section 6B; 1992 Act No. 501, Part II Section 20A; 1994 Act No. 497, Part II, Section 30C; 1996 Act No. 458, Part II, Section 103.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 93 - Infectious Waste Management › Section 44-93-180. Inspection of treatment facilities; fees.

The department shall assign as may be necessary a health inspector to serve at a commercial infectious waste treatment facility located in South Carolina for the purpose of assuring the protection of the health and safety of the public by monitoring the receipt, handling, treatment, and disposal of infectious waste at these sites. The department shall establish a fee schedule to cover the costs of implementing this inspection program. The fee must be collected from the commercial infectious waste facilities based upon the amount of infectious waste received.
HISTORY: 1989 Act No. 134, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 93 - Infectious Waste Management › Section 44-93-210. Annual estimate of amount of infectious waste; infectious waste treatment facilities.

(A) Annually the department shall estimate and publish the amount of infectious waste it expects to be generated within this State during the succeeding calendar year. No permitted infectious waste treatment facility may treat more than the amount the department allows it to treat by permit.
(B) For purposes of this section, a permitted infectious waste treatment facility means a site where infectious waste is incinerated regardless of the number of incinerator units or the ownership of the units.
HISTORY: 1990 Act No. 612, Part II, Section 6C; 1996 Act No. 307, Section 1; 1997 Act No. 155, Part II, Section 78C.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 93 - Infectious Waste Management › Section 44-93-220. Monthly incineration limits for infectious waste from July through December, 1990.

From July through December, 1990, no more than fifteen hundred tons of infectious waste may be burned in any one month by a permitted commercial infectious waste incinerator facility in this State.
HISTORY: 1990 Act No. 612, Section 6D, Part II.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 93 - Infectious Waste Management › Section 44-93-230. Construction of infectious waste provisions.

The provisions of Sections 44-93-210 and 44-93-220 must be construed as separate provisions. If a provision is judged to be invalid by a court of law of this State, the court's decree shall apply only to the provision and action specified and shall have no effect on any other provision unless stated in the court's decree. The invalidity does not affect other provisions or applications of Sections 44-93-210 and 44-93-220 which may be given effect without the invalid provision or application and, pursuant to this requirement, the provisions of this section are severable.
HISTORY: 1990 Act No. 612, Part II, Section 6E.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 93 - Infectious Waste Management › Section 44-93-240. Fines for exceeding infectious waste incineration limits; disposition of money collected.

In the event the infectious waste tonnage limitations in any month are unlawfully exceeded, at a commercial waste incinerator facility, a five dollar per ton increase in the fees imposed pursuant to Section 44-93-160(A) is imposed retroactively on the excess tonnage burned in that month. The funds received from this fee increase must also be deposited in the Infectious Waste Contingency Fund established in Section 44-93-170. The fee increase imposed by this section is in addition to any other civil or criminal penalties which may be imposed by law for the tonnage violation.
HISTORY: 1990 Act No. 612, Part II, Section 6F.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 95 - Clean Indoor Air Act › Section 44-95-20. Places where smoking is prohibited.

It is unlawful for a person to smoke or possess lighted smoking material in any form in the following public indoor areas except where a smoking area is designated as provided for in this chapter:
(1) public schools and preschools;
(2) all other indoor facilities providing children's services to the extent that smoking is prohibited in the facility by federal law and all other childcare facilities, as defined in Section 63-13-20, which are licensed pursuant to Chapter 13, Title 63;
(3) health care facilities as defined in Section 44-7-130, except where smoking areas are designated in employee break areas. However, nothing in this chapter prohibits or precludes a health care facility from being smoke free;
(4) government buildings, except health care facilities as provided for in this section, except that smoking may be allowed in enclosed private offices and designated areas of employee break areas. However, smoking policies in the State Capitol and Legislative Office Buildings must be determined by the office of government having control over its respective area of the buildings. "Government buildings" means buildings or portions of buildings which are leased or operated under the control of the State or any of its political subdivisions, except those buildings or portions of buildings which are leased to other organizations or corporations;
(5) elevators;
(6) public transportation vehicles, except for taxicabs;
(7) arenas and auditoriums of public theaters or public performing art centers. However, smoking areas may be designated in foyers, lobbies, or other common areas, and smoking is permitted as part of a legitimate theatrical performance; and
(8) buildings, or portions of buildings, and the outside areas immediately contiguous to these buildings owned, leased, operated, or maintained by a public institution of higher learning, as defined in Section 59-103-5, that the governing board of the institution has designated as nonsmoking.
HISTORY: 1990 Act No. 503, Section 2; 1994 Act No. 289, Section 1; 1996 Act No. 445, Section 1; 2012 Act No. 188, Section 1, eff June 7, 2012; 2019 Act No. 25 (H.3420), Section 4, eff April 26, 2019.
Effect of Amendment
2019 Act No. 25, Section 4, rewrote (1), eliminating the exclusion for private offices and teacher lounges.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 95 - Clean Indoor Air Act › Section 44-95-30. Designation of smoking and nonsmoking areas in places where smoking permitted.

In areas where smoking is permitted in Section 44-95-20, the owner, manager, or agent in charge of the premises or vehicle referenced in Section 44-95-20 shall conspicuously display signs designating smoking and nonsmoking areas alike, except that signs are not required in private offices.
HISTORY: 1990 Act No. 503, Section 3.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 95 - Clean Indoor Air Act › Section 44-95-40. Separation of smoking and nonsmoking areas; barriers; ventilation.

In complying with Section 44-95-30, the owner, manager, or agent in charge of the premises shall make every reasonable effort to prevent designated smoking areas from impinging upon designated smoke-free areas by the use of existing physical barriers and ventilation systems.
HISTORY: 1990 Act No. 503, Section 4.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 95 - Clean Indoor Air Act › Section 44-95-45. Preemption.

(A) Political subdivisions of this State may not enact any laws, ordinances, or rules pertaining to ingredients, flavors, or licensing, beyond a general business license, related to the sale of the following products:
(1) cigarettes, as defined in Section 12-21-620;
(2) electronic smoking devices, e-liquid, vapor products, or tobacco products, each as defined in Section 16-17-501; or
(3) any other product containing nicotine that can be ingested into the body by chewing, smoking, absorbing, dissolving, inhaling, or by any means.
(B) Nothing in this section shall be construed to interfere with a political subdivision's authority to determine its own public-use policies relating to any of the products referenced in this section.
HISTORY: 2023 Act No. 38 (H.3681), Section 2, eff May 16, 2023.
Editor's Note
2023 Act No. 38, Sections 1, 3 to 4, and 13, provide as follows:
"SECTION 1. This act may be cited as the 'Omnibus Tobacco Enforcement Act of 2023'."
"SECTION 3. Laws, ordinances, or rules enacted by political subdivisions of this State prior to December 31, 2020, pertaining to ingredients, flavors, or licensing, related to the sale of cigarettes, electronic smoking devices, e-liquid, vapor products, tobacco products, or any other products containing nicotine that can be ingested into the body by chewing, smoking, absorbing, dissolving, inhaling, or by any means, and municipal code amendments to said laws, ordinances, or rules, are exempt from the preemption imposed by this act. Nothing in this act shall be construed to interfere with a political subdivision's authority to determine its own public-use policies relating to any of the products referenced in this act.
"SECTION 4. Nothing in this act shall be construed to interfere with a political subdivision's authority under Chapter 29, Title 6, including, without limitation, with respect to land use regulation, land development regulation, zoning, or permitting."
"SECTION 13. This act takes effect ninety days after approval by the Governor except SECTION 2, SECTION 3, and SECTION 4 which take effect upon approval by the Governor."
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 95 - Clean Indoor Air Act › Section 44-95-50. Penalty for violation of smoking restrictions.

A person who violates Section 44-95-20, 44-95-30 or 44-95-40 of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not less than ten dollars nor more than twenty-five dollars.
HISTORY: 1990 Act No. 503, Section 5.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 95 - Clean Indoor Air Act › Section 44-95-60. Mandatory nicotine or tobacco testing prohibited.

No person in this State is authorized to require any other person to submit to any form of testing to determine whether or not the person has nicotine or other tobacco residue in his body.
HISTORY: 1990 Act No. 503, Section 6.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 96 - South Carolina Solid Waste Policy And Management Act › Section 44-96-30. Applicability.

This chapter does not apply to hazardous waste regulated under the South Carolina Hazardous Waste Management Act, to infectious waste regulated under the South Carolina Infectious Waste Management Act, to radioactive waste regulated under the South Carolina Atomic Energy and Radiation Control Act, to the Southeast Interstate Radioactive Waste Compact, or to refuse as defined and regulated pursuant to the South Carolina Mining Act, including processed mineral waste, which will not have a significant adverse impact on the environment.
HISTORY: 1991 Act No. 63, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 96 - South Carolina Solid Waste Policy And Management Act › Section 44-96-105. Promulgation of regulations.

All regulations promulgated by the department pursuant to this chapter must be in consultation with officials representing local governments which own or operate municipal solid waste disposal facilities, pursuant to the Administrative Procedures Act.
HISTORY: 1991 Act No. 63, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 96 - South Carolina Solid Waste Policy And Management Act › Section 44-96-110. Establishment of the Office of Solid Waste Reduction and Recycling.

(A) Ninety days after this chapter is effective there shall be established within the department an Office of Solid Waste Reduction and Recycling which shall promote and assist in the development of source separation, recovery, and recycling programs for local governments and for private entities under a contractual agreement with local governments or state-supported institutions. The Office of Solid Waste Reduction and Recycling shall be separate from, and shall not participate in, any of the regulatory functions of the department with regard to solid waste management.
(B) The Office of Solid Waste Reduction and Recycling shall have the following duties and responsibilities:
(1) receive funds for and disburse funds from the Solid Waste Management Trust Fund established in Section 44-96-120;
(2) manage the Solid Waste Management Grant Program established in Section 44-96-130;
(3) promote and assist in the development of solid waste reduction, source separation, recycling, household hazardous materials management programs, and resource recovery programs;
(4) maintain a directory of recycling and resource recovery systems in the State and provide assistance in matching recovered materials with markets;
(5) provide for the education of the general public and the training of solid waste management professionals to encourage recycling and solid waste reduction;
(6) develop descriptive literature to educate local governments on solid waste reduction and recycling issues.
(C) The Office of Solid Waste Reduction and Recycling shall develop guidelines for the establishment and implementation of recycling education grants to school districts and public and private schools to establish waste reduction and recycling education programs. The office shall develop guidelines for the establishment and implementation of recycling education grants to public and private colleges and universities to establish waste reduction and recycling education programs and demonstration projects. The office shall notify the superintendent of each school district and each public and private school and public and private college and university of the existence of the grant programs and provide information on how to apply for the program. Upon request of the school, the office shall provide technical assistance. The office shall determine the number of grant projects that may be feasibly initiated in a single calendar year. The office, in consultation with the Department of Education, also shall develop and make available to public and private schools, upon request, curriculum materials and resource guides for recycling awareness programs for instruction at the elementary, middle, and high school levels.
HISTORY: 1991 Act No. 63, Section 1; 2000 Act No. 405, Section 7.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 96 - South Carolina Solid Waste Policy And Management Act › Section 44-96-165. Independent audits of trust funds.

The Department of Health and Environmental Control, with the approval of the State Auditor, shall contract with one or more qualified, independent certified public accountants on a one-year basis to audit revenues and disbursements from the Solid Waste Management Trust Fund and the Waste Tire Trust Fund established pursuant to Section 44-96-120 and from the Petroleum Fund established pursuant to Section 44-96-160(V). The auditors may audit relevant records of a public or private entity that has submitted, kept, handled, or tracked monies for any of the three funds. This contract must be funded by the Solid Waste Management Trust Fund, the Petroleum Fund, and the Waste Tire Trust Fund.
HISTORY: 2000 Act No. 405, Section 21; 2005 Act No. 164, Section 22, eff June 10, 2005.