reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-710. Validity of permits.

Septic tank permits issued prior to the effective date of this section under Title 44 of the 1976 Code shall continue to be valid unless the physical character of the property for which they were issued changes, provided the conditions of the original permit are met.
HISTORY: 1983 Act No. 71.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-810. Declaration of legislative purpose.

The General Assembly, having considered the problems associated with proper sewage disposal, finds that many mobile, modular and permanently constructed homes are being constructed, located, and installed in areas of this State which will not support an individual sewage disposal system, and further finds that this situation has resulted in the discharge of sewage to the ground or to adjacent waters. To correct this problem is the purpose of this article.
HISTORY: 1975 (59) 597.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-820. Electricity may not be furnished unless sewage disposal method has been approved.

No private or public utility, municipality, or electric cooperative supplying power shall connect temporary or permanent power to a new site of any mobile, modular or permanently constructed building or facility until such time as the power supplier is presented with a certificate, license, or permit by the county or municipality when the proposed connection is to be made within the corporate limits thereof authorizing such connection. No such certificate, license, or permit shall be issued by the county or municipality without a permit from the county health department approving the method of sewage disposal; nor shall such permit, certificate or license be issued until evidence is presented that all other appropriate safety and health regulations, permits, codes and ordinances have been complied with. Such permits, certificates or licenses shall state the location of the approved site. The governing body of each county or municipality shall provide one office to issue evidence that all such requirements have been met by the applicant.
HISTORY: 1962 Code Section 32-1251; 1975 (59) 597.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-825. Inspection and approval of permitted onsite wastewater treatment systems; installation pursuant to construction and operation permits; penalties.

(A) Notwithstanding any other provision of law, after the department has conducted soil suitability testing and has issued a permit for the installation of an onsite wastewater system, the department is required to conduct random final inspections and approvals of no less than three percent annually of the total number of installed systems during the preceding fiscal year.
(B) Any installed system not inspected within a specified time period designated by the department is deemed approved by the department. The department shall establish documentation and record requirements.
(C) Onsite wastewater systems must be installed pursuant to construction and operation permits issued by the department pursuant to regulation. Deviation from the installation design and conditions in onsite wastewater permits may be considered by the department to be a violation. Violation of an onsite wastewater system permit installation must be enforced in accordance with the following:
(1) First offense violations may be enforced under Section 44-1-150 or by suspension of the installer's license by a period not to exceed one year.
(2) Second offense violations may be enforced under Section 44-1-150 or by suspension of the installer's license by a period not to exceed three years.
(3) Third offense violations may be enforced under Section 44-1-150 or by permanent revocation of the installer's license.
HISTORY: 2007 Act No. 106, Section 1, eff January 1, 2008.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-827. Promulgation of regulations.

(A) The department shall promulgate regulations for the licensure of persons who contract or advertise to offer or provide services for installation, repair, modification, or final inspection and approval of onsite wastewater systems. These regulations must include:
(1) eligibility criteria to be licensed as an Onsite Wastewater Systems Contractor;
(2) a tiered licensing program defining various levels of competency and skill, including licenses that allow different combinations of installation, repair, modification, and final inspection and approval of onsite wastewater systems;
(3) a system for the department to monitor the quality of contractor installation, repair, modification, and final inspection and approval of onsite wastewater systems;
(4) minimum standards for training and continuing education for Onsite Wastewater Systems Contractors;
(5) bonding and insurance requirements for Onsite Wastewater Systems Contractors;
(6) the establishment and collection of administrative and licensing fees to cover the costs of this program; and
(7) enforcement guidelines and penalties for violations of the provisions of these regulations.
(B) The department shall promulgate regulations pursuant to the requirements for licensure of an Onsite Wastewater Systems Contractor, as provided for in subsection (A), items (1) through (7).
(C) Nothing in this chapter or regulations promulgated pursuant to this chapter affect the department's authority, under Section 44-1-140 and regulation, to issue permits for the installation and construction of individual onsite wastewater systems.
HISTORY: 2007 Act No. 106, Section 1, eff January 1, 2008.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-830. Permits furnished to seller of mobile home.

The purchaser or owner shall obtain the permit and provide to any person who sells a mobile home a copy of the certificate of health department approval required by Section 44-55-820 before placing such mobile home upon the new site for occupancy.
HISTORY: 1962 Code Section 32-1253; 1975 (59) 597.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-840. Penalties.

Any supplier or recipient of electrical service or any other person violating the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars or be imprisoned for not more than thirty days.
HISTORY: 1962 Code Section 32-1254; 1975 (59) 597.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-850. Construction.

The provisions of this article shall not be construed to increase or decrease the powers or jurisdiction of any agency responsible for issuance of permits or regulations relating to safety or health or the enforcement of codes and ordinances.
HISTORY: 1962 Code Section 32-1252; 1975 (59) 597.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-860. Lot not accessible to sewer line and not suitable for individual sewage disposal system.

Whenever any lot or parcel of land without improvement thereon upon which an owner intends to construct a building or place a mobile home is not accessible to a sewer line for a tap-on and the county board of health or other appropriate agency in which the lot or parcel of land is situated certifies that such lot or land is not suitable to accommodate a septic tank or other individual sewage disposal system, the board or agency shall state in writing to the owner within thirty days following inspection of the property the reason such septic tank or system cannot be used. At the same time the board or agency shall inform the owner of the property in detail of any corrective measures that may be taken to remedy the sewage problem.
HISTORY: 1981 Act No. 11, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-1010. Counties may regulate collection and disposal of garbage.

Any county in this State may regulate the collection and disposal of garbage in accordance with the provisions of this article. The governing body of each county shall decide whether or not the county shall elect to come under the provisions of this article.
HISTORY: 1962 Code Section 32-1275; 1956 (49) 1837.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-1020. Article inapplicable to certain cities, towns, and individuals.

The provisions of this article shall not apply to any incorporated city or town which regulates the collection and disposal of its garbage or to individuals who dispose of their own garbage in a manner satisfactory to the county health department.
HISTORY: 1962 Code Section 32-1276; 1956 (49) 1837.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-1030. Collection or disposal of garbage without license unlawful.

It shall be unlawful for any person to collect or dispose of garbage in any county electing to come under the provisions of this article without first obtaining a license from the governing body of the county under such terms and conditions as may be prescribed by the governing body and approved by the county health department.
HISTORY: 1962 Code Section 32-1277; 1956 (49) 1837.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-1040. Issuance of collection and disposal franchise.

The governing body of any county electing to come under the provisions of this article may call for bids for the right to collect and dispose of garbage or may issue to one or more persons on such terms as it shall fix the right or franchise to collect and dispose of garbage not inconsistent with the provisions of this article.
HISTORY: 1962 Code Section 32-1278; 1956 (49) 1837.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-1050. County health department shall enforce article.

The county health department shall exercise such supervision over the equipment used in and the manner of collecting and disposing of garbage as may be necessary to enforce the provisions of this article and may promulgate such Rules and regulations as may be necessary to carry out the provisions of this article.
HISTORY: 1962 Code Section 32-1279; 1956 (49) 1837.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-1060. Penalties.

Any person violating the provisions of this article shall, upon conviction, be fined not more than one hundred dollars or imprisoned for not more than thirty days. A violation of this article shall not be considered as a continuing offense, but each day that this article is violated shall be a separate and distinct offense.
HISTORY: 1962 Code Section 32-1280; 1956 (49) 1837.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-1210. Counties may engage in collection and disposal of solid wastes; service charges.

The governing body of any county may by ordinance or resolution provide that the county shall engage in the collection and disposal of solid waste. Such collection and disposal may be accomplished either by use of county employees and equipment or by contract with private agencies or municipalities of the county. Service charges may be levied against persons for whom collection services are provided whether such services are performed by the county, a municipality or a private agency.
HISTORY: 1962 Code Section 32-1280.1; 1974 (58) 1941.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-1220. Promulgation of rules and regulations.

The governing body of any county which engages in the collection and disposal of solid waste is authorized to promulgate such rules and regulations as it may deem necessary to carry out the functions authorized by this article. Provided, that no rule or regulation shall become effective until the tenth day after it has been both filed with the county clerk of court and published in a newspaper having general circulation in the county. Provided, further, that the governing body of any county may exercise the eminent domain procedures in Section 28-5-10 for the acquisition of land necessary for landfill purposes in disposing of such solid waste.
HISTORY: 1962 Code Section 32-1280.2; 1974 (58) 1941, 2809.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-1230. Penalties for violation of rules and regulations.

Any person violating the provisions of such rules and regulations shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars or imprisoned not more than thirty days.
HISTORY: 1962 Code Section 32-1280.3; 1974 (58) 1941.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-1310. Definitions.

Section repealed upon contingency. See Editor's notes.
As used in this article:
(1) "Passive soil-based on-site disposal system" means a nongravel, nonmechanical, soil absorption trench used to collect, treat, and discharge, or reclaim wastewater or sewage from a small on-site wastewater system generating less than fifteen hundred gallons per day, large on-site wastewater system generating equal to or greater than fifteen hundred gallons per day, or community, cluster, or commercial wastewater system, served by either gravity or pump distribution, without the use of communitywide sewers or a centralized treatment facility.
(2) "Department" means the South Carolina Department of Health and Environmental Control.
HISTORY: 2003 Act No. 49, Section 1, eff June 6, 2003; 2015 Act No. 37 (H.3646), Section 1, eff June 1, 2015.
Editor's Note
Section 44-55-1350, as amended by 2015 Act No. 37, Section 4, provides for the repeal of this section when certain regulations become effective.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-1320. Wastewater collection, treatment, discharge, or reclamation.

Section repealed upon contingency. See Editor's notes.
A passive soil-based on-site disposal system is authorized for use for collecting, treating, discharging, or reclaiming wastewater or sewage from a small on-site wastewater system generating less than fifteen hundred gallons per day, large on-site wastewater system generating equal to or greater than fifteen hundred gallons per day, or community, cluster, or commercial wastewater system, if the systems comply with the requirements of this chapter and with ordinances a county or municipality establishes consistent with this chapter.
HISTORY: 2003 Act No. 49, Section 1, eff June 6, 2003; 2015 Act No. 37 (H.3646), Section 2, eff June 1, 2015.
Editor's Note
Section 44-55-1350, as amended by 2015 Act No. 37, Section 4, provides for the repeal of this section when certain regulations become effective.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-1330. System installation requirements.

Section repealed upon contingency. See Editor's notes.
(A) A passive soil-based on-site disposal system must be installed only by installation technicians who are licensed by the department under Regulation 61-56.1 as an installer and certified by the manufacturer or a representative that has been duly authorized to administer licensed installer certification.
(B) A passive soil-based on-site disposal system must be sized and installed according to these minimum standards:
(1) The storage capacity of the system must be at least that available in a conventional gravel system below the invert. A manufacturer shall provide its product's storage capacity as determined by a recognized third party testing company.
(2) The total trench bottom area of the passive soil-based on-site disposal system, measured as the area bounded by the trench width and length must be at least seventy-five percent of that required for a conventional gravel system. The system must not be less than three hundred square feet, measured as the area bounded by the trench width and length, for soils in all classifications. In addition to the above requirement, the system must provide an unobstructed open bottom area equal to at least one-half the total bottom area of a conventional gravel system. The system must have a projected product width that fills the trench width within two inches. The system also must have a reserve area at least equal to fifty percent of the size of the installed system.
(3) The absorption area must comply with all other appropriate separation distances, trench location, trench depth, and contour orientation as prescribed in Regulation 61-56. The permitting procedure for these systems will be the same as conventional systems to include site evaluation and final inspection.
(4) The entire absorption area must be shown on a set of "as built" diagrams prepared by the department at the time of final inspection to include information identifying the name of the installer, the name of the product manufacturer, and the type or model number of the installed product.
(5) Lateral trench runs must be as long as practical within the limits of the approved site so as to minimize the linear loading rate. Wastewater may be distributed to a lateral trench run either by gravity flow or by pump.
HISTORY: 2003 Act No. 49, Section 1, eff June 6, 2003; 2015 Act No. 37 (H.3646), Section 3, eff June 1, 2015.
Editor's Note
Section 44-55-1350, as amended by 2015 Act No. 37, Section 4, provides for the repeal of this section when certain regulations become effective.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-1350. Alternative tile field product regulations.

The department shall promulgate regulations regarding alternative tile field products to include passive soil-based on-site disposal systems in accordance with the following:
(1) Regulations must conform to the requirements of Sections 44-55-1310, 44-55-1320 and 44-55-1330. When the department submits the proposed regulations to the General Assembly for approval pursuant to the Administrative Procedures Act, in addition to the information which must be filed pursuant to Section 1-23-120, the department shall include an explanation for each change proposed from the requirements of Sections 44-55-1310, 44-55-1320 and 44-55-1330.
(2) When the regulations promulgated by the department are approved by the General Assembly and become effective by publication in the State Register, the provisions of Sections 44-55-1310, 44-55-1320 and 44-55-1330 are repealed and no longer have the force and effect of law.
HISTORY: 2003 Act No. 49, Section 1, eff June 6, 2003; 2015 Act No. 37 (H.3646), Section 4, eff June 1, 2015.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-1360. Violation.

A violation of a provision of this chapter is punishable in accordance with Sections 44-1-150, 48-1-320, 48-1-330, and 48-1-340, as applicable.
HISTORY: 2003 Act No. 49, Section 1, eff June 6, 2003.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-1410. Counties may operate water and sewer facilities.

(A) The governing body of each county of the State is authorized to acquire, construct, improve, enlarge, operate and maintain, within such county, facilities to provide water for industrial and private use and facilities for the collection, treatment and disposition of sewage, including industrial waste. No such facilities shall be provided by the county within the territory of any special purpose district or authority existing on March 7, 1973, authorized to provide such facilities or within the corporate limits of any incorporated municipality without the consent of the governing body of such municipality, special purpose district, or authority, as the case may be. Nothing herein contained is intended to authorize the levy of taxes.
(B) Every county governing body is authorized to adopt regulations with respect to the use of its water and sewage facilities, including regulations requiring connection thereto of properties to which such facilities are available.
(C) Every county governing body is authorized to place into effect and revise from time to time a schedule of rates and charges for the use of its water or sewer facilities.
(D) Every county governing body is authorized to enter into contracts in connection with the providing of water or sewer services, or both, and facilities with persons, private corporations, municipal corporations, public bodies, public agencies, special purpose districts, the State of South Carolina or any agencies thereof, and with the United States Government or any agencies thereof.
(E) Every county governing body is authorized to establish such departments, boards, commissions, and positions in the county as may be necessary or appropriate to provide water or sewer facilities, or both, and services and to prescribe the functions thereof from time to time, and further in conjunction with the governing bodies of other counties, to create such agencies, boards and authorities as may be necessary and proper to provide water or sewer services, or both, and facilities and to vest in any such agencies, boards or authorities as agents of the several counties, any powers vested by this article in the several counties.
HISTORY: 1975 (59) 268.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-1510. Prohibition of discharge of fumes of acids or similar substances.

In counties which have cities of sixty-five thousand inhabitants or over it is unlawful for a manufacturer of acids or other distillations of a corrosive nature or of acrid odor, offensive or dangerous to human or plant life, to discharge into the air fumes generated in the manufacture of these acids or other similar substances without first treating the fumes so as to render them innocuous, inoffensive, and harmless to human or plant life. A person who violates this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both.
HISTORY: 1962 Code Section 32-1851; 1952 Code Section 32-1851; 1942 Code Section 1504; 1932 Code Section 1504; 1929 (36) 184; 1993 Act No. 184, Section 77.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-1520. Damages in civil actions.

In all cases of civil action in which the violation of any of the provisions of Section 44-55-1510 shall be pleaded, the limit of liability of the defendant shall be actual damages sustained by the plaintiff.
HISTORY: 1962 Code Section 32-1852; 1952 Code Section 32-1852; 1942 Code Section 1504; 1932 Code Section 1504; 1929 (36) 184.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-2320. Definitions.

As used in this article:
(1) "Board" means the Board of Health and Environmental Control.
(2) "Director" means the director of the department or his authorized agent.
(3) "Department" means the Department of Health and Environmental Control.
(4) "Person" means an individual, public or private corporation, political subdivision, governmental agency, municipality, industry, copartnership, association, firm, trust, estate, or any other legal entity. "Person" does not mean a church, synagogue, or religious organization.
(5) "Public swimming pool" means an artificial structure used to impound water to provide for such recreational uses as bathing, swimming, diving, wading, spraying, sliding, floating, rafting, or other similar usage which is not built in connection with a single family residence and the use of which is not confined to the family of the residence and its private guests, or which is not owned, constructed, operated, or maintained by a church, synagogue, or religious organization.
HISTORY: 1990 Act No. 551, Section 1; 1993 Act No. 181, Section 1131.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-2330. Promulgation of regulations.

The department shall promulgate regulations, standards, and procedures necessary to protect the health and safety of the public and to ensure proper design, construction, and operation of public swimming pools. The regulations may prescribe minimum design criteria, the requirements for the issuance of construction and operation permits, operation and maintenance standards, and bacteriological, chemical, and physical standards for public swimming pool waters.
HISTORY: 1990 Act No. 551, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-2340. Permits; water quality.

(A) No person may construct, materially alter, or enlarge a public swimming pool until an application for a construction permit has been submitted to, and a construction permit is issued by, the department. An application submitted for a construction permit must be signed by the owner and include drawings, plans, and specifications prepared and signed by an architect or engineer registered in this State which demonstrate compliance with the design standards promulgated by the department. No newly constructed or altered public swimming pool may be placed into operation until the department has conducted a final inspection and issued written approval that the construction is completed satisfactorily.
(B) No person may operate an existing public swimming pool until he has obtained an annual operating permit from the department for the calendar year in which the pool is to be operated. All annual operating permits expire on the last day of the calendar year for which they are issued. An annual operating permit for a newly constructed pool is not required until the calendar year following the year in which the pool is constructed.
(C) The owner shall operate and maintain his public swimming pool in a manner to provide water quality which is bacteriologically, chemically, and physically safe for swimming or its other intended use and assure that it is free from potential safety hazards to the users. The owner shall keep records of operation on forms approved by the department and shall make the records available to the department upon request. The records must include information as specified in the regulations promulgated by the department.
HISTORY: 1990 Act No. 551, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-2350. Permit fees.

The department may establish and collect fees for the construction permits and the annual operating permits required by Section 44-55-2340 unless prohibited by the General Assembly.
HISTORY: 1990 Act No. 551, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-2360. Noncompliance unlawful.

It is unlawful for a person to fail to comply with the requirements of this article and regulations promulgated by the department including a permit or order issued by the board, director or department.
HISTORY: 1990 Act No. 551, Section 1; 1993 Act No. 181, Section 1132.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-2370. Violations; penalties; disposition of penalty monies.

(A) Whenever the department finds that a person is in violation of a permit, regulation, standard, or requirement under this article, the department, after written notice of violation, may issue an order requiring the person to comply with the permit, regulation, standard, or requirement or may request the Attorney General to commence an action under this subsection in the appropriate court. The department also may assess civil penalties as provided in this section for violations of the provisions of this article, including any order, permit, regulation, or standard.
(B) A person who fails to take appropriate corrective action after receiving written notice of the violation of a provision of Section 44-55-2360 is liable for a civil penalty not to exceed five hundred dollars a day for the first violation; one thousand dollars a day for the second violation; and three thousand dollars a day for the third or subsequent violations which occur during the same year. Fifty percent of the penalties collected must be retained and used in the implementation of the recreational waters program, thirty percent must be forwarded to the county in which the violations occur, and twenty percent must be forwarded to the state's general fund.
HISTORY: 1990 Act No. 551, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-2380. Enforcement of regulations.

For purposes of enforcing this article and regulations promulgated pursuant to this article, an employee or duly authorized representative of the department may enter at reasonable times the premises of a public swimming pool. The department, upon receipt of information that a public swimming pool may present an imminent and substantial hazard to the health of persons using the pool, may issue an order directing the owner or operator of the swimming pool to take steps necessary to eliminate the hazard. The action may include temporary cessation of operation of the public swimming pool.
HISTORY: 1990 Act No. 551, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 55 - Water, Sewage, Waste Disposal And The Like › Section 44-55-2390. Lifeguard coverage for public swimming pools; procedures for a variance.

(A) As a condition of obtaining and maintaining an operating permit, all Type "A" public swimming pools, as defined in Regulation 61-51, shall provide lifeguards, as defined in Regulation 61-51, in accordance with the following:
(1) A public swimming pool of three thousand square feet or fewer must have:
(a) one lifeguard for one through twenty-five patrons;
(b) two lifeguards for twenty-six through fifty patrons;
(c) three lifeguards for fifty-one through one hundred fifty patrons;
(d) four lifeguards for one hundred fifty-one through two hundred fifty patrons;
(e) one additional lifeguard for each one hundred patrons greater than two hundred fifty patrons.
(2) A public swimming pool of three thousand one square feet through six thousand square feet must have:
(a) two lifeguards for one through twenty-five patrons;
(b) three lifeguards for twenty-six through fifty patrons;
(c) four lifeguards for fifty-one through one hundred fifty patrons;
(d) five lifeguards for one hundred fifty-one through two hundred fifty patrons;
(e) one additional lifeguard for each one hundred patrons greater than two hundred fifty patrons.
(3) A public swimming pool of six thousand one square feet through nine thousand square feet must have:
(a) two lifeguards for one through twenty-five patrons;
(b) three lifeguards for twenty-six through fifty patrons;
(c) five lifeguards for fifty-one through one hundred fifty patrons;
(d) six lifeguards for one hundred fifty-one through two hundred fifty patrons;
(e) one additional lifeguard for each one hundred patrons greater than two hundred fifty patrons.
(4) A public swimming pool of greater than nine thousand square feet must have:
(a) three lifeguards for one through twenty-five patrons;
(b) four lifeguards for twenty-six through fifty patrons;
(c) six lifeguards for fifty-one through one hundred fifty patrons;
(d) seven lifeguards for one hundred fifty-one through two hundred fifty patrons;
(e) one additional lifeguard for each one hundred patrons greater than two hundred fifty patrons.
(B) All Type "E" public swimming pools, as defined in Regulation 61-51, shall submit to the Department of Health and Environmental Control a lifeguard coverage plan. Upon approval by the department, Type "E" public swimming pools shall provide lifeguards in accordance with their approved plan.
(C) A public swimming pool, as defined in this chapter, required to have only one lifeguard shall, at all times, have at least one additional pool staff employee present and available to make an emergency call if necessary.
(D) Any request for a variance from these provisions must be made in writing and must include a site-specific evaluation that demonstrates proof of equivalency with these provisions. The Department of Health and Environmental Control will consider the variance request and will provide written notice of its decision.
HISTORY: 2012 Act No. 159, Section 1, eff May 14, 2012.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 56 - South Carolina Hazardous Waste Management Act › Section 44-56-30. Promulgation of rules and regulations.

The board shall promulgate such regulations, procedures or standards as may be necessary 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 management of hazardous wastes. Such regulations may prescribe contingency plans; the criteria for the determination of whether any waste or combination of wastes is hazardous; the requirements for the issuance of permits required by this chapter; standards for the transportation, containerization, and labeling of hazardous wastes consistent with those issued by the United States Department of Transportation; operation and maintenance standards; reporting and record keeping requirements; and other appropriate regulations.
HISTORY: 1978 Act No. 436 Section 3.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 56 - South Carolina Hazardous Waste Management Act › Section 44-56-35. Regulations establishing standards for location of hazardous waste treatment, storage, and disposal facilities.

The department shall promulgate regulations establishing standards for the location of hazardous waste treatment, storage, and disposal facilities to more effectively ensure long-term protection of human health and the environment. These standards shall be based solely upon the protection of human health and the environment.
The department shall have site suitability criteria promulgated and established no later than June 1, 1990.
Upon promulgation of these standards, any new facility shall comply with these standards prior to issuance of a Part B permit. For any existing facility, these new standards shall be incorporated and become a condition of any Part B permit. Failure to meet the site suitability standard regulations shall be deemed to be a failure to meet the conditions of the permit.
HISTORY: 1989 Act No. 196, Section 2.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 56 - South Carolina Hazardous Waste Management Act › Section 44-56-40. Powers of department.

To carry out the provisions and purposes of this chapter, the department is authorized to:
1. Enter into agreements, contracts, or cooperative arrangements, under such terms and conditions as it deems appropriate, with other state, federal or interstate agencies, municipalities, educational institutions, local health departments, or other organizations or individuals;
2. Receive financial and technical assistance from the federal government and private agencies;
3. Participate in related programs of the federal government, other states, interstate agencies or other public or private agencies or organizations and collect and file such reports, surveys, inventories, data and information which may be required by the Federal Resource Conservation and Recovery Act of 1976;
4. Establish and collect fees for collecting samples and conducting laboratory analyses as may be necessary upon request of affected persons.
HISTORY: 1978 Act No. 436 Section 13.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 56 - South Carolina Hazardous Waste Management Act › Section 44-56-50. Powers of commissioner.

Notwithstanding any other provision of this chapter, the director, upon receipt of information that the storage, transportation, treatment, or disposal of any waste may present an imminent and substantial hazard to the health of persons or to the environment, may take such action as he determines to be necessary to protect the health of persons or the environment. The action the director may take may include, but is not limited to:
1. Issuing an order directing the operator of the treatment, storage or disposal facility or site, or the custodian of the waste, which constitutes the hazard, to take such steps as are necessary to prevent the act or eliminate the practice which constitutes the hazard. Such action may include, with respect to a facility or site, permanent or temporary cessation of operation;
2. Requesting that the Attorney General commence an action enjoining such acts or practices. Upon a showing by the department that a person has engaged in such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted;
3. Issuing an order directing a response action by the department to eliminate the hazard and protect the public from exposure to the hazard; and
4. Requesting the Attorney General to commence an action to recover the costs of the response action from all parties liable under state or federal law.
HISTORY: 1978 Act No. 436 Section 10; 1985 Act No. 140, Section 4; 1993 Act No. 181, Section 1134.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 56 - South Carolina Hazardous Waste Management Act › Section 44-56-59. Findings; conclusions.

(A) The General Assembly finds:
(1) The existing commercial land disposal facility in South Carolina and available capacity in this State generally are limited resources;
(2) It is essential that the limited waste treatment and disposal capacity of the existing commercial facility and the State in general be preserved, ready and available to ensure that the needs of South Carolina are met first;
(3) The existing commercial land disposal facility as well as other hazardous waste treatment and disposal facilities must give preference to hazardous waste generators within the State for treatment and disposal of hazardous materials at licensed facilities in the State;
(4) The General Assembly and the Executive Branch have mandated restrictions on the importation of out-of-state wastes and on the capacity of existing hazardous waste landfills; and
(5) Reducing the amount of hazardous waste shipped to South Carolina commercial facilities will send a message to all states that South Carolina intends to reduce to the greatest extent possible the amount of hazardous waste treated and disposed of in this State.
(B) Based upon these findings, the General Assembly declares that:
(1) Landfilling is the least desirable method of managing hazardous waste and, in order to reduce potential risks to human health and the environment, reliance on landfilling must be reduced or eliminated when alternative disposal methods which are technologically and economically feasible are reasonably available within the State, through regional agreements between states, or through other means; and
(2) As this State reduces its reliance on landfilling through its waste minimization practices and other means, the amount of hazardous waste being shipped into this State for landfilling from locations outside of the State should be reduced and eliminated also.
HISTORY: 1990 Act No. 590, Section 1.
Validity
For the validity of this section, see Environmental Technologies Council v. State of South Carolina, 901 F.Supp. 1026 (D.S.C. 1995).
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 56 - South Carolina Hazardous Waste Management Act › Section 44-56-70. Utilization of approved manifest systems.

All generators, transporters, and operators of hazardous waste storage, treatment, and disposal facilities shall utilize a manifest system as prescribed by the department to insure that all such hazardous waste generated is designated for storage, treatment, or disposal in storage, treatment, or disposal facilities, other than facilities on the premises where the waste is generated, which have been properly permitted for such purposes.
HISTORY: 1978 Act No. 436 Section 5; 1981 Act No. 96, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 56 - South Carolina Hazardous Waste Management Act › Section 44-56-80. Requirements of department; disclosure of information obtained by department.

A. The department shall require:
1. the establishment and maintenance of such records;
2. the making of such reports;
3. the taking of such samples, and the performing of such tests or analyses;
4. the installing, calibrating, using, and maintaining of such monitoring equipment or methods;
5. the providing of such other information; as may be necessary to achieve the purposes of this chapter.
B. Information obtained by the department under this chapter shall be available to the public, unless the department certifies such information as being proprietary. The department may make such certification where any person shows, to the satisfaction of the department, that the information, or parts thereof, if made public, would divulge methods, production rates, processes, or other confidential information entitled to protection. Nothing in this subsection shall be construed as limiting the disclosure of information by the department to any officer, employee, or authorized representative of the State concerned with effecting this chapter, providing such person respects the proprietary nature of the information.
HISTORY: 1978 Act No. 436 Section 6.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 56 - South Carolina Hazardous Waste Management Act › Section 44-56-90. Inspections; obtaining samples.

(a) For the purpose of enforcing this chapter and Sections 44-56-160 through 44-56-190, or any regulations authorized pursuant thereto, any authorized representative or employee of the department may, upon presentation of appropriate credentials, at any reasonable time:
1. Enter any place where hazardous wastes are generated, stored, treated, or disposed of;
2. Inspect and copy any records, reports, information, or test results relating to the purpose of this chapter and Sections 44-56-160 through 44-56-190; and
3. Inspect and obtain samples from any person of any wastes including samples from any vehicles in which wastes are being transported, as well as samples of any containers or labels. The Department shall provide a sample of equal volume or weight to the owner, operator or agent in charge upon request. The Department shall also provide the owner, operator, or agent in charge a copy of the results of any analyses of such samples.
(b) For the purpose of implementing necessary governmental response actions as provided in Section 44-56-180, the Department or its authorized representative may, at any time, enter the premises of any publicly or privately owned property which it has determined to be an uncontrolled hazardous waste site. The owner or operator of such site shall cooperate fully with the department when such governmental response actions are taken.
HISTORY: 1978 Act No. 436 Section 7; 1983 Act No. 151 Part II Section 31D.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 56 - South Carolina Hazardous Waste Management Act › Section 44-56-110. Hearings.

The department may hold public hearings and compel the attendance of witnesses; conduct studies, investigations, and research with respect to the operation and maintenance of any hazardous waste treatment or disposal facilities or sites and issue, deny, revoke, suspend or modify permits under such conditions as it may prescribe for the operation of hazardous waste treatment or disposal facilities or sites; provided, however, that no permit shall be revoked without first providing an opportunity for a hearing.
HISTORY: 1978 Act No. 436 Section 9.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 56 - South Carolina Hazardous Waste Management Act › Section 44-56-120. Notification of department of identification and activity relating to hazardous wastes.

Not later than ninety days after final promulgation or revision of regulations under Section 44-56-30 identifying by its characteristics or listing any substance as hazardous waste subject to this chapter, any person generating or transporting such substance or owning or operating a facility for treatment, storage, or disposal of such substance shall file with the department a notification stating the location and general description of such activity and the identified or listed hazardous waste handled by such person. Not more than one such notification shall be required to be filed with respect to the same substance. No identified or listed hazardous waste subject to this chapter may be transported, treated, stored, or disposed of unless notification has been given as required under this section.
HISTORY: 1978 Act No. 436 Section 14.