reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-32 - Soft Drink and Water Bottling Plants › Section 61-32.III - DEFINITIONS

Current through Register Vol. 48, No. 6, June 28, 2024
A. ADEQUATE -
			 substantial compliance with acceptable health standards, procedures, and
			 practices.
B. ADULTERATED or
			 ADULTERATION - BOTTLED WATER, SOFT DRINKS, or ICE are deemed to be ADULTERATED
			 if the product:
1. Bears or contains any
			 poisonous or deleterious substance in a quantity that may render it injurious
			 to health;
2. Bears or contains any
			 added poisonous or deleterious substance for which no state or federal
			 regulation has established a safe tolerance, or in excess of such tolerance if
			 one has been established;
3.
			 Consists, in whole or in part, of any substance unfit for human
			 consumption;
4. Has been produced,
			 processed, prepared, packaged, or held under unsanitary conditions;
5. Is packaged in a container which is
			 composed, in whole or in part, of any poisonous or deleterious substance which
			 may render the contents injurious to health;
6. Has any substance added thereto, or mixed
			 or packaged therewith, so as to increase its bulk or weight, or reduce its
			 quality or strength, or make it appear better or of greater value than it is;
			 or
7. Is in violation of Section
			 402 of the Federal Food, Drug, and Cosmetic Act, as amended (
			 21 U.S.C. Section
			 342 ).
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-32 - Soft Drink and Water Bottling Plants › Section 61-32.IV - ADULTERATED OR MISBRANDED BOTTLED WATER, SOFT DRINKS, OR ICE

Current through Register Vol. 48, No. 6, June 28, 2024
A. No PERSON within
			 South Carolina, or its jurisdiction, shall produce, provide, sell, offer, or
			 expose for sale or have in possession with intent to sell, any BOTTLED WATER,
			 SOFT DRINKS, or ICE that is ADULTERATED or misbranded. Any BOTTLED WATER, SOFT
			 DRINK, or ICE that may contain any unwholesome substance, or that does not
			 conform to an applicable standard of identity or other requirement specified
			 under Section III for that particular BOTTLED WATER, SOFT DRINK, or ICE
			 product, shall be deemed ADULTERATED and/or misbranded.
B. The DEPARTMENT may place a hold order on
			 any BOTTLED WATER, SOFT DRINKS, or ICE it determines or has reason to believe:
1. originated from an un APPROVED
			 SOURCE;
2. may be unsafe,
			 unwholesome, ADULTERATED, misbranded, or not honestly presented;
3. is not labeled according to LAW;
			 or
4. is otherwise not in
			 compliance with this regulation.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-32 - Soft Drink and Water Bottling Plants › Section 61-32.V - COMPLIANCE PROCEDURES

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 PERMIT.
1. It shall be unlawful for any
			 PERSON to manufacture or distribute BOTTLED WATER, SOFT DRINKS, and/or ICE
			 products in South Carolina without a valid PERMIT issued by the DEPARTMENT for
			 the specific BOTTLED WATER, SOFT DRINK, or ICE products plant or distribution
			 station. Grocery stores, restaurants, soda fountains, and similar
			 establishments where BOTTLED WATER, SOFT DRINKS, or ICE are served or sold at
			 retail, but not processed, may be exempt from the requirements of this
			 section.
2. Every BOTTLED WATER,
			 SOFT DRINKS, or ICE manufacturer and distributor must obtain and maintain a
			 PERMIT. PERMITs are nontransferable with respect to PERSONs and/or
			 locations.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-32 - Soft Drink and Water Bottling Plants › Section 61-32.VI - LABELING

Current through Register Vol. 48, No. 6, June 28, 2024
All BOTTLED WATER, SOFT DRINK, and ICE products shall be
				labeled according to the requirements in 21 CFR Part 101, as
				amended.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-32 - Soft Drink and Water Bottling Plants › Section 61-32.VII - INSPECTION OF BOTTLED WATER, SOFT DRINK, AND ICE PLANTS AND DISTRIBUTION STATIONS

Current through Register Vol. 48, No. 6, June 28, 2024
A. Each
			 BOTTLED WATER, SOFT DRINK, or ICE manufacturer and distributor whose products
			 are intended for consumption within South Carolina shall be inspected by the
			 DEPARTMENT prior to the issuance of a PERMIT.
B. Following the issuance of a PERMIT, the
			 DEPARTMENT shall inspect each BOTTLED WATER, SOFT DRINK, or ICE manufacturer
			 and distributor at a frequency determined by the RISK level assigned to the
			 product(s) being manufactured or distributed or as otherwise deemed necessary
			 by the DEPARTMENT to determine compliance with this regulation.
C. A copy of the inspection report will be
			 provided, either electronically or in paper form, to the PERMIT HOLDER,
			 manager, or other duly authorized representative.
D. Every BOTTLED WATER, SOFT DRINK, or ICE
			 manufacturer and distributor shall, upon request of a DEPARTMENT
			 representative, permit DEPARTMENT access to all parts of the establishment or
			 facilities to determine compliance with the provisions of this regulation. A
			 PERMIT HOLDER, manager, or other duly authorized representative shall furnish
			 the DEPARTMENT, upon request and for official use only, a true statement of the
			 actual quantities of BOTTLED WATER, SOFT DRINK, or ICE product purchased and
			 sold, a list of all sources of such BOTTLED WATER, SOFT DRINK, or ICE products,
			 records of inspections, and records of tests.
E. It is unlawful for any PERSON who, in an
			 official capacity, obtains any information under the provisions of this
			 regulation which is entitled to protection as a trade secret to use such
			 information to his own advantage or to reveal it to any unauthorized
			 PERSON.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-32 - Soft Drink and Water Bottling Plants › Section 61-32.VIII - EXAMINATION OF BOTTLED WATER, SOFT DRINKS, AND ICE

Current through Register Vol. 48, No. 6, June 28, 2024
A. Chemical, microbiological, or extraneous
			 material testing procedures shall be used, where necessary, to identify
			 sanitation failures or possible contamination. All FOOD that has become
			 ADULTERATED shall be rejected, or if permissible, treated or processed to
			 eliminate the contamination.
B.
			 BOTTLED WATER manufacturers must perform weekly total coliform monitoring on
			 the finished product of each BOTTLED WATER product type and conduct quarterly
			 rinse/swab tests on BOTTLED WATER CONTAINERS (incoming, as well as those
			 immediately from the washer) and closures. This monitoring and testing must be
			 performed in-house or by an APPROVED LABORATORY as stipulated in
			 21 CFR Section
			 129.80. For microbiological contaminants
			 (total coliform), each BOTTLED WATER manufacturer must analyze a representative
			 sample from a batch or segment of a continuous production run for each BOTTLED
			 WATER product type produced by the plant.
C. Samples of source water shall be taken and
			 analyzed by the BOTTLED WATER plant as often as necessary, but at a minimum
			 frequency of once each year for chemical contaminants and once every four (4)
			 years for radiological contaminants. Facilities that use a public water system
			 for source water may substitute public water system testing results, or
			 certificates showing full compliance with all provisions of the Environmental
			 Protection Agency's National Primary and Secondary Drinking Water Regulations
			 pertaining to chemical contaminants.
D. For chemical, physical, and radiological
			 contaminants, a representative sample from a batch or segment of continuous
			 production run for each type of finished BOTTLED WATER product produced by a
			 water BOTTLING PLANT shall be analyzed annually to ensure that the product(s)
			 complies with current FDA standards.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-32 - Soft Drink and Water Bottling Plants › Section 61-32.IX - BOTTLED WATER, SOFT DRINK, AND ICE PLANTS AND DISTRIBUTION STATIONS

Current through Register Vol. 48, No. 6, June 28, 2024
A. Water supply for
			 BOTTLED WATER, SOFT DRINK, and ICE plants and ICE and water vending.
1. The water supply shall be from an APPROVED
			 public water system as defined in R.61-58, State Primary Drinking Water
			 Regulations.
2. The design,
			 operation, and maintenance of water purification systems used to further treat
			 potable water shall be certified as meeting the specifications of the American
			 National Standard Institute/National Sanitation Foundation (ANSI/NSF). All
			 chemicals and products added to the potable water shall meet ANSI/NSF Standard
			 60. All materials and products installed that come into contact with the
			 potable water shall meet ANSI/NSF Standard 61. The certifying party shall be
			 accredited by the American National Standards Institute. They shall not be
			 operated beyond their rated capacity and shall be maintained in a clean,
			 sanitary condition at all times. This shall include dispensed water and ICE
			 VENDING MACHINES.
3. Potable
			 running water at a suitable temperature, and under pressure as needed, shall be
			 provided in all areas where required for the processing of SOFT DRINKS, BOTTLED
			 WATER, and ICE; for the cleaning of EQUIPMENT, utensils, and CONTAINERS; and
			 for EMPLOYEE sanitary facilities.
4. Carbonated water shall be conveyed in
			 APPROVED stainless steel or equal FOOD-grade piping and not in piping of
			 galvanized iron, lead, zinc, or other deleterious materials.
5. All water storage and cooling tanks shall
			 be of noncorrosive material, properly covered; air vents properly filtered,
			 clean, and free from dust both inside and outside; and the inlet and outlet so
			 arranged as to prevent contamination during filling and emptying.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-32 - Soft Drink and Water Bottling Plants › Section 61-32.X - SUBMISSION OF PLANS

Current through Register Vol. 48, No. 6, June 28, 2024
Before a SOFT DRINK, BOTTLED WATER, or ICE plant is constructed
				or extensively REMODELED, or when an existing structure is converted for use as
				a SOFT DRINK, BOTTLED WATER, or ICE plant, the BOTTLED WATER, SOFT DRINK, or
				ICE manufacturer must submit properly prepared plans and specifications for
				such construction, remodeling, or conversion to the DEPARTMENT for review and
				approval before construction, remodeling, or conversion. The plans and
				specifications shall indicate the proposed layout, arrangement, mechanical
				plans, and construction materials of work areas, and the make and model number
				of proposed fixed EQUIPMENT and facilities.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-32 - Soft Drink and Water Bottling Plants › Section 61-32.XI - RECIPROCITY

Current through Register Vol. 48, No. 6, June 28, 2024
A. BOTTLED WATER,
			 SOFT DRINKS, and ICE from out of state or outside the United States may be sold
			 in South Carolina only if the DEPARTMENT determines they are manufactured and
			 distributed under provisions substantially equivalent to the requirements of
			 this regulation and ADEQUATELY enforced.
B. Upon receiving from any PERSON, entity, or
			 any regulatory agency outside this state a report of a possible violation of
			 this regulation by a PERMIT HOLDER, the DEPARTMENT may conduct such inspection
			 or investigation as it deems appropriate. Upon receiving information that SOFT
			 DRINKS, BOTTLED WATER, or ICE manufactured outside this state and introduced
			 into this state may have been manufactured in violation of applicable state or
			 federal LAW, or not in conformance with prevailing and applicable standards and
			 good public health practices, the DEPARTMENT may notify appropriate regulatory
			 authorities located outside this state and request that such authorities take
			 appropriate action.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-32 - Soft Drink and Water Bottling Plants › Section 61-32.XII - OUT-OF-STATE BOTTLED WATER IMPORTS

Current through Register Vol. 48, No. 6, June 28, 2024
Due to additional FDA laboratory testing requirements for
				BOTTLED WATER products, out-of-state water bottlers shall submit the following
				to the DEPARTMENT:
(a) a certification
			 signed by the applicable regulatory agency with jurisdiction over the BOTTLING
			 in the state of origin stating that the plant(s) is permitted or licensed as
			 required, the source water supply meets all EPA public DRINKING WATER
			 requirements, and is operated and maintained in a sanitary manner based on
			 previous plant inspection(s);
(b)
			 the name, address, and phone number(s) of all plant(s) manufacturing bottled
			 products for sale in South Carolina;
(c) a copy of the latest finished BOTTLED
			 WATER product water analyses (total coliform, inorganic, organic,
			 radiological); and
(d) the
			 location(s) where the product(s) may be sampled in South Carolina.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-32 - Soft Drink and Water Bottling Plants › Section 61-32.XIII - RECALL

Current through Register Vol. 48, No. 6, June 28, 2024
A. For BOTTLED
			 WATER, SOFT DRINK, and ICE manufacturers and distributors that have not been
			 granted a Qualified Facility Exemption by the FDA, the Recall Plan requirements
			 of 21 CFR 117.139
			 supersede the requirements of this section.
B. Each SOFT DRINK, BOTTLED WATER, and ICE
			 manufacturer and distributor shall develop and maintain procedures for the
			 notification of regulatory officials, consumer notification, and product
			 recall, and shall implement any said procedure as necessary with respect to any
			 product for which the PERMIT HOLDER or the DEPARTMENT has reason to believe
			 circumstances exist that may adversely affect its safety for the consumer. If
			 the DEPARTMENT determines, based upon representative samples, RISK analysis,
			 information provided by the SOFT DRINK, BOTTLED WATER, or ICE manufacturer or
			 distributor, and/or other information available to the DEPARTMENT, that the
			 circumstances present an IMMINENT HEALTH HAZARD and that a form of consumer
			 notice or product recall can effectively avoid or significantly minimize the
			 threat to public health, the DEPARTMENT may order the SOFT DRINK, BOTTLED
			 WATER, or ICE manufacturer and/or distributor to initiate a level of product
			 recall or, if appropriate, issue a form of notification to customers. Each SOFT
			 DRINK, BOTTLED WATER, and ICE manufacturer and distributor shall be responsible
			 for disseminating the notice in a manner designed to inform customers who may
			 be affected by the problem.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-32 - Soft Drink and Water Bottling Plants › Section 61-32.XIV - EQUIPMENT AND FACILITIES IN OPERATION PRIOR TO JULY 1, 2020

Current through Register Vol. 48, No. 6, June 28, 2024
A. EQUIPMENT and physical facilities of
			 BOTTLED WATER, SOFT DRINK, and ICE plants and distribution stations in
			 operation prior to July 1, 2020 are deemed in compliance even if they do not
			 meet all construction, EQUIPMENT, and facilities requirements of this
			 regulation if the facilities and EQUIPMENT:
1. are in compliance with the regulatory
			 standards in place for such EQUIPMENT and facilities on January 1, 2020;
			 and
2. are capable of being
			 maintained in a sanitary condition; and
3. are not a public health hazard or
			 nuisance; and
4. are replaced in
			 the normal course of operation with EQUIPMENT and facilities that meet the
			 requirements of this regulation.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-32 - Soft Drink and Water Bottling Plants › Section 61-32.XV - PROCEDURE WHEN INFECTION OR HIGH RISK INFECTION IS SUSPECTED

Current through Register Vol. 48, No. 6, June 28, 2024
When reasonable cause exists to suspect the possibility of
				transmission of infection from any PERSON concerned with the handling of
				BOTTLED WATER, SOFT DRINKS, or ICE products, or their ingredients, the
				DEPARTMENT is authorized to require any or all of the following
				measures:
A. The immediate EXCLUSION
			 or RESTRICTION of that PERSON from handling BOTTLED WATER, SOFT DRINKS, and ICE
			 products, or their ingredients;
B.
			 The immediate removal of the BOTTLED WATER, SOFT DRINKS, and ICE products
			 concerned from distribution and use; and/or
C. ADEQUATE medical and bacteriological
			 examination of the PERSON, of their associates, and of their bodily
			 discharges.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-32 - Soft Drink and Water Bottling Plants › Section 61-32.XVI - ENFORCEMENT PROVISIONS

Current through Register Vol. 48, No. 6, June 28, 2024
This regulation is issued under the authority of S.C. Code Ann.
				Sections
				44-1-140
				and
				44-1-150
				and shall be enforced by the DEPARTMENT. Any PERSON found to be in violation of
				this regulation, in non-compliance with an issued PERMIT, or in violation of an
				order issued by the DEPARTMENT shall be subject to civil monetary penalties,
				PERMIT suspension, and/or PERMIT revocation. Each day of continued violation
				shall be a separate offense.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-32 - Soft Drink and Water Bottling Plants › Section 61-32.XVII - SEVERABILITY CLAUSE

Current through Register Vol. 48, No. 6, June 28, 2024
Should any section, paragraph, sentence, clause or phrase of
				this regulation be declared unconstitutional or invalid for any reason, the
				remainder of said regulations shall not be affected thereby.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-33 - DRYCLEANING FACILITY RESTORATION TRUST FUND › Section 61-33.1 - Purpose and Applicability

Current through Register Vol. 48, No. 6, June 28, 2024
(A) This
			 regulation contains procedures to implement the Drycleaning Facility
			 Restoration Trust Fund Act and establishes the criteria for determining
			 priority for rehabilitation of Drycleaning Facilities contaminated with
			 Drycleaning Solvents using funds provided under this Act.
(B) Applicability:
(1) This regulation applies to dry cleaners,
			 Persons and wholesalers that have registered with the Department of Revenue
			 where:
(i) The owner or operator of a Site
			 uses or has used Drycleaning Solvents for the purpose of cleaning clothing and
			 other fabrics; or,
(ii) The Person
			 owns, has dominion, has legal or rightful title, or has a ground lease interest
			 in the real property where a Drycleaning Facility or Wholesale Supply Facility
			 is or has been located; or,
(iii)
			 The wholesaler stores or has stored Drycleaning Solvent for wholesale
			 distribution to Drycleaning establishments.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-33 - DRYCLEANING FACILITY RESTORATION TRUST FUND › Section 61-33.2 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
For the purpose of these regulations, the following definitions
				will apply.
(A) "Act" means Article 4
			 of the S.C. Hazardous Waste Management Act, Section 44-56-400 et seq. of the
			 Code of Laws of 1976 as amended, known as the Drycleaning Facility Restoration
			 Trust Fund.
(B) "Board" means the
			 Board of the South Carolina Department of Health and Environmental
			 Control.
(C) "Deductible" means the
			 monies specified in the Act that the Responsible Applicant is responsible for
			 paying.
(D) "Department" means the
			 Department of Health and Environmental Control, including personnel thereof
			 authorized by the Board to act on behalf of the Department or Board.
(E) "Drycleaning Facility" means a
			 professional commercial establishment located in this State for the purpose of
			 cleaning clothing and other fabrics utilizing a process that involves the use
			 of drycleaning solvent. In the case of a retail establishment, the
			 establishment is one that operates or has at some time in the past operated in
			 whole or in part for the purpose of cleaning clothing and other fabrics for
			 members of the public, other drycleaning facilities, and dry drop-off
			 facilities. In the case of a wholesale establishment, the establishment is one
			 that operates or has at some time in the past operated in whole or in part for
			 the purpose of cleaning clothing and other fabrics for other drycleaning
			 facilities or dry drop-off facilities. "Drycleaning facility" includes laundry
			 facilities that are using or have used drycleaning solvent as part of their
			 cleaning process but does not include textile mills, uniform rental and linen
			 supply facilities, or drycleaning facilities owned or operated by a local,
			 state, or federal government.
(F)
			 "Drycleaning Solvents" means nonaqueous solvents used in the cleaning of
			 clothing and other fabrics and includes halogenated drycleaning fluids and
			 nonhalogenated drycleaning fluids, and their breakdown products. "Drycleaning
			 Solvent" includes solvent that has been recycled for use at a drycleaning
			 facility and applies only to those solvents used at a drycleaning facility or
			 handled by a wholesale supply facility.
(G) "Emergency Site" means a site that is
			 contaminated with Drycleaning Solvents at concentrations above an action level
			 or the appropriate risk-based standard set by the Department:
(1) In a public or private drinking water
			 well; or,
(2) At off-site areas
			 with high potential for human exposure.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-33 - DRYCLEANING FACILITY RESTORATION TRUST FUND › Section 61-33.3 - Severability

Current through Register Vol. 48, No. 6, June 28, 2024
Should any section, paragraph, sentence, clause or phrase of
				this regulation be declared unconstitutional or invalid for any reason, the
				remainder of this regulation shall not be affected thereby.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-33 - DRYCLEANING FACILITY RESTORATION TRUST FUND › Subpart A - Eligibility Applications › Section 61-33.A.4 - General Provisions

Current through Register Vol. 48, No. 6, June 28, 2024
(A) In
				order for a Drycleaning Facility or Wholesale Supply Facility to be considered
				for Fund eligibility, the Responsible Applicant shall submit an application
				package on forms provided by the Department and consisting of:
(1) A signed application form;
(2) The findings of due diligence as defined
				in subsection 33.5 if this is the first application package completed by a
				registrant; and,
(3) A signed
				containment certification form.
Forms can be obtained from the DHEC website or by mail from:
				  DHEC - Bureau of Land and Waste Management, Attn.: Drycleaning Facility
				  Restoration Trust Fund Program, 2600 Bull Street, Columbia, SC, 29201.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-33 - DRYCLEANING FACILITY RESTORATION TRUST FUND › Subpart A - Eligibility Applications › Section 61-33.A.5 - Due Diligence

Current through Register Vol. 48, No. 6, June 28, 2024
(A) The
				Responsible Applicant shall exercise due diligence to identify any and all
				former Drycleaning Facilities for which the Responsible Applicant was the
				owner, operator, Person or otherwise potentially financially liable. This
				identification shall extend backwards in time until either the existence of a
				Former Drycleaning Facility is discovered or the history of the property
				reasonably indicates that it could not have been used as a Former Drycleaning
				Facility. This due diligence shall include the following:
(1) A review of all property currently or
				previously owned by the applicant to determine if a Former Drycleaning Facility
				operated on the property prior to, or concurrent with, the Responsible
				Applicant ownership of the property.
(2) A review of any property previously owned
				by any Responsible Applicant's acquired subsidiary business to determine if a
				Drycleaning Facility operated on the property at any time prior to, or
				concurrent with, the Responsible Applicant's ownership interest of the
				property; and,
(3) A review of any
				business location currently or formerly operated by the Responsible Applicant
				or the Responsible Applicant's acquired subsidiary business on leased property
				to determine if a Former Drycleaning Facility was at any time operated by the
				Responsible Applicant or his acquired subsidiary business.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-33 - DRYCLEANING FACILITY RESTORATION TRUST FUND › Subpart B - Moratorium for Eligible Sites › Section 61-33.B.6 - Moratorium for Eligible Sites

Current through Register Vol. 48, No. 6, June 28, 2024
In order to qualify for the moratorium on judicial or
				  administrative actions by the Department:
(A) The Site must be determined by the
				Department to be eligible for the Fund under Subpart A.
(B) The dry cleaner or Person shall comply
				with the Act and all regulations promulgated by the Department for the proper
				control, management, or disposal of Drycleaning Solvents and wastes containing
				Drycleaning Solvents, including any regulations to restrict Releases to the
				atmosphere.
(C) The Releases of
				Drycleaning Solvent must not be the result of gross negligence after November
				18, 1980.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-33 - DRYCLEANING FACILITY RESTORATION TRUST FUND › Subpart C - Financial Responsibility › Section 61-33.C.7 - General Provisions

Current through Register Vol. 48, No. 6, June 28, 2024
(A) The
				Responsible Applicant shall submit the application for eligibility and pay any
				deductibles as set forth in subsection 33.10 and shall be current with payment
				of all surcharges and fees.
(B) The
				Department will only negotiate with the Responsible Applicant or his/her
				designee.
(C) Nothing in this
				subsection shall preclude the Responsible Applicant from entering into
				contractual arrangements with any other owners/operators or Persons to obtain a
				share, if any, of the cost of the assessments or the deductibles from the
				Fund.
(D) Designation of the
				Responsible Applicant shall not preclude the Department from seeking judicial
				or administrative actions against any and all responsible parties in the event
				that the Site is no longer eligible for the Fund or the moratorium.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-33 - DRYCLEANING FACILITY RESTORATION TRUST FUND › Subpart C - Financial Responsibility › Section 61-33.C.8 - Transfer of Ownership

Current through Register Vol. 48, No. 6, June 28, 2024
(A) The
				seller shall notify the Department within fifteen days after ownership of any
				Drycleaning Facility is conveyed to a different Person or after the
				responsibilities under this regulation for any Former Drycleaning Facility are
				conveyed to a different Person.
(1) The
				seller shall submit this notification in writing.
(2) This notification shall include the
				identity of the purchaser along with a mailing address and telephone
				number.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-33 - DRYCLEANING FACILITY RESTORATION TRUST FUND › Subpart C - Financial Responsibility › Section 61-33.C.9 - Excluded Costs

Current through Register Vol. 48, No. 6, June 28, 2024
(A) Excluded
				costs incurred by the Responsible Applicant shall not be accredited towards the
				Responsible Applicant deductible or be considered for reimbursement from the
				Fund.
(B) Excluded costs include
				but are not limited to:
(1) Compensation for
				any time expended by the Responsible Applicant or his employees to conduct due
				diligence, locate potential Release points of Drycleaning Solvents, or complete
				any required information or application forms.
(2) Fees paid to attorneys, accountants, or
				other auxiliary personnel which may be incurred as a result of negotiating with
				the Department.
(3) Any real or
				perceived loss of revenue resulting from any activities performed under these
				regulations.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-33 - DRYCLEANING FACILITY RESTORATION TRUST FUND › Subpart C - Financial Responsibility › Section 61-33.C.10 - Remitting Payments to the Fund

Current through Register Vol. 48, No. 6, June 28, 2024
(A) After the Department spends Fund money on
				a site, the Responsible Applicant shall pay into the Fund any unspent balance
				of his/her deductible up to the amount spent by the Department.
(B) The Responsible Applicant shall remit the
				full balance of the expended funds or shall enter into a payment plan with the
				Department within thirty days after notification by the Department that the
				funds have been used.
(C) If the
				Responsible Applicant chooses to enter into a payment plan, the Responsible
				Applicant shall make payments to the Fund on a quarterly basis.
(1) No interest shall be assessed for any
				outstanding balance paid in full within one year after notification by the
				Department.
(2) For payments
				extending beyond one year, interest shall be collected as a fixed-rate, simple
				interest on the remaining balance spent by the Department.
(3) The Department will set the annual
				interest rate at one and one-half times greater than the Federal Prime Interest
				rate in effect on the first day of July of that year. All payment plans entered
				into during the fiscal year July 1 through June 30 shall be set at that that
				rate.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-33 - DRYCLEANING FACILITY RESTORATION TRUST FUND › Subpart C - Financial Responsibility › Section 61-33.C.11 - Costs Incurred for Emergency Actions

Current through Register Vol. 48, No. 6, June 28, 2024
If the Department uses Fund money on an emergency site
				  pursuant to subsection 33.14.(B) and an eligibility application is not
				  submitted as specified in subsection 33.4, the Department shall recover to the
				  fund the total amount expended, plus interest, from any Person responsible to
				  the Fund for the contamination.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-33 - DRYCLEANING FACILITY RESTORATION TRUST FUND › Subpart D - Facility Prioritization › Section 61-33.D.12 - General Provisions

Current through Register Vol. 48, No. 6, June 28, 2024
(A) All
				sites will be prioritized after an application package has been received using
				the prioritization system described in subsection 33.15 to determine the
				appropriate order by which Fund monies will be expended for the most efficient
				reduction of risk.
(B) Publication
				of the prioritization list.
(1) The
				prioritization list will be published on an annual basis thereafter on the
				Department's web site.
(2) This
				list will be revised as sites are re-scored or added to the list.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-33 - DRYCLEANING FACILITY RESTORATION TRUST FUND › Subpart D - Facility Prioritization › Section 61-33.D.13 - Immediate Removal Actions

Current through Register Vol. 48, No. 6, June 28, 2024
(A)
				The Department may require an immediate removal action at a Site if the
				Department determines that:
(1) Waste
				containing a substantial concentration of Drycleaning Solvent that has not
				entered into the environment is present at the Site; and,
(2) Early removal of the waste will
				effectively reduce the long-term cost of restoring the Site; and,
(3) The waste can easily be removed from the
				Site through conventional methods of segregation, excavation, and/or pumping
				from containers.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-33 - DRYCLEANING FACILITY RESTORATION TRUST FUND › Subpart D - Facility Prioritization › Section 61-33.D.14 - Emergency Sites

Current through Register Vol. 48, No. 6, June 28, 2024
(A) The
				Department will declare a Site to be an Emergency Site if:
(1) Any currently used drinking water is
				contaminated with Drycleaning Solvents or their breakdown products at
				concentrations greater than the appropriate risk based criteria and/or
				established standards; or,
(2)
				Drycleaning Solvents, or their breakdown products, are found in surface soils
				at concentrations greater than the appropriate risk based criteria and/or
				established standards for short term exposure and the Department has determined
				that the potential for human contact is likely.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-33 - DRYCLEANING FACILITY RESTORATION TRUST FUND › Subpart D - Facility Prioritization › Section 61-33.D.15 - Restoration Priority List

Current through Register Vol. 48, No. 6, June 28, 2024
(A) The
				prioritization system to be used when ranking sites for remedial action under
				this regulation will consider the following:
(1) Age and number of years of
				operation;
(2) Types of Drycleaning
				Solvent used;
(3) Location in
				relation to affected or potentially affected receptors; and,
(4) The likelihood of contamination migrating
				to the population or resources.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-33 - DRYCLEANING FACILITY RESTORATION TRUST FUND › Subpart E - Restoration › Section 61-33.E.16 - General Provisions

Current through Register Vol. 48, No. 6, June 28, 2024
The goal of the restoration phase will be to alleviate any
				  known existing exposure pathway where the clean-up goals are exceeded. The
				  clean-up goals for each Site will be determined on a site specific basis and
				  will be based on the appropriate risk based criteria and/or standards
				  established by the Department.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-33 - DRYCLEANING FACILITY RESTORATION TRUST FUND › Subpart E - Restoration › Section 61-33.E.17 - Detailed Facility Investigation

Current through Register Vol. 48, No. 6, June 28, 2024
(A) The purpose of the detailed facility
				investigation is to collect data to determine the nature and extent of
				contamination at a Site and to support evaluation and selection of restoration
				alternatives. The detailed facility investigation can include, but may not be
				limited to, the following:
(1) Physical
				characteristics of the site, including important surface and subsurface
				features, soil types, and hydrogeology.
(2) The general characteristics of the
				Drycleaning Solvent waste in the source areas, including quantity, physical
				state, concentration, and potential mobility.
(3) Actual and potential exposure pathways
				including inhalation, ingestion, and dermal adsorption.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-33 - DRYCLEANING FACILITY RESTORATION TRUST FUND › Subpart E - Restoration › Section 61-33.E.18 - Restoration Goals and Evaluation

Current through Register Vol. 48, No. 6, June 28, 2024
(A) The Department will evaluate the
				restoration alternatives presented in the approved detailed facility
				investigation report. The selection criteria shall consider:
(1) The effectiveness of the technology to
				eliminate or reduce the existing and potential risks, hazards, and concerns of
				Drycleaning Solvents both during implementation and following completion of the
				selected restoration;
(2) The
				ability to implement a remedy as it relates to the degree of difficulty
				associated with construction and management of the remedy, including the
				technical, administrative, and logistic problems that affect the resources
				necessary to complete the restoration;
(3) Compliance with Federal and State
				environmental laws; and,
(4) The
				capital cost, both direct and indirect, and the annual management and
				maintenance costs.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-33 - DRYCLEANING FACILITY RESTORATION TRUST FUND › Subpart E - Restoration › Section 61-33.E.19 - Restoration Implementation

Current through Register Vol. 48, No. 6, June 28, 2024
(A)
				The Department will review and approve a restoration design report developed by
				the selected contractor, which will include the actual design and provisions
				for the implementation of the selected restoration as documented in subsection
				33.18(D).
(B) The Department will
				review the restoration on a periodic basis to ensure that the goals are met to
				eliminate or reduce the existing and potential risks, hazards, and concerns of
				Drycleaning Solvents in the environment. In the event that the technology does
				not achieve the stated goals, the Department will select another remedy after
				public participation as detailed in subsection 33.18.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-34 - Raw Milk for Human Consumption › Section 61-34.I - Definitions and Standards

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
			 following definitions shall apply in the interpretation and the enforcement of
			 this Regulation:
1. Abnormalities of Milk
			 means
a. Abnormal Milk: Milk that is visibly
			 changed in color, odor, and/or texture.
b. Undesirable Milk: Milk that, prior to the
			 milking of the animal, is known to be unsuitable for sale, such as
			 colostrum.
c. Contaminated Milk:
			 Milk that is not sellable or is unfit for human consumption following treatment
			 of the animal with veterinary products, i.e. antibiotics, which have withhold
			 requirements or treatment with medicines or insecticides not approved for use
			 on dairy animals by the United States Food and Drug Administration (FDA) or the
			 United States Environmental Protection Agency (EPA).
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-34 - Raw Milk for Human Consumption › Section 61-34.III - Permits

Current through Register Vol. 48, No. 6, June 28, 2024
A. It shall be
			 unlawful for any person who does not possess a permit from the Department to
			 manufacture, bring into, send into, or receive into South Carolina or its
			 jurisdiction, have in storage, sell, barter, or offer for sale therein, or
			 offer to give away any raw milk or raw milk products defined in this
			 Regulation, including but not limited to raw milk for craft usage.
B. Raw milk and raw milk products that have
			 been manufactured under the provisions of this Regulation may be further
			 distributed or sold at retail locations in South Carolina by distributors and
			 retailers. Distributors and retailers are not required to have a permit,
			 provided that the product has not been repackaged or relabeled.
C. Although distributors and retailers listed
			 in Section III.B do not require a permit, the Department retains the authority
			 to conduct an investigation in response to a complaint. The Department may
			 require corrective action and issue orders as deemed necessary in response to
			 food safety or health risks identified during the investigation.
D. Only a person who complies with the
			 requirements of this Regulation shall be entitled to receive and retain a
			 permit. Permits shall not be transferable to other persons and/or locations or
			 used by a person other than the permit holder.
E. Every producer of raw milk or raw milk
			 products for human consumption shall hold a valid permit issued by the
			 Department prior to beginning operation. No permit shall be issued until all
			 parts of the operation meet the requirements of this Regulation.
F. The production, distribution, storage, and
			 sale of unpasteurized milk products other than the raw milk products defined in
			 this Regulation (unpasteurized buttermilk, kefir, and cream) are prohibited in
			 South Carolina and will be considered to be violations of this Regulation,
			 except that aged raw milk cheese may be produced in accordance with the
			 provisions of R.61-36, Manufactured Grade Dairy Products.
G. The addition of flavoring or other
			 ingredients to raw milk or raw milk products other than cultures, citric acid,
			 or salt needed for the processing of buttermilk and kefir is prohibited;
			 provided, kefir may also contain harmless edible stabilizers subject to the
			 limitations in VIII.C of this Regulation.
H. The Department may deny a permit to
			 produce, distribute or sell raw milk or raw milk products for human consumption
			 when the applicant or facility has a history of noncompliance with other
			 standards, regulations, or statutes governing milk and milk products.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-34 - Raw Milk for Human Consumption › Section 61-34.IV - Inspection of Dairy Farms and Plants Producing and Packaging Raw Milk and Raw Milk Products for Human Consumption

Current through Register Vol. 48, No. 6, June 28, 2024
A. Each dairy farm or plant manufacturing raw
			 milk or raw milk products for human consumption shall be inspected by the
			 Department prior to the issuance of a permit. Following the issuance of a
			 permit, the Department shall inspect each dairy farm or plant at a frequency
			 determined by the risk level assigned to the product(s) being manufactured or
			 distributed, or as otherwise deemed necessary by the Department. Inspections of
			 dairy farms will be made at milking time when possible.
B. The Department shall conduct inspections
			 and investigations as are necessary for the enforcement of this
			 Regulation.
C. The inspector will
			 notify the owner or other responsible person of the intent to inspect upon
			 arrival at the premises.
D. A copy
			 of the inspection report will be provided, either electronically or in paper
			 form, to the permit holder, manager, or other duly authorized
			 representative.
E. Every raw milk
			 producer shall, upon request of a Department representative, permit the
			 Department access to all parts of the establishment or facilities to determine
			 compliance with the provisions of this Regulation. A permit holder, manager, or
			 other duly authorized representative shall furnish the Department, upon request
			 and for official use only, a true statement of the actual quantities of raw
			 milk or raw milk product purchased and sold, and a list of all sources of
			 ingredients, records of inspections, records of tests, and cooling time and
			 temperature records.
F. Should a
			 violation of any requirement set forth in Section VII or Section VIII be found
			 to exist on an inspection, a second inspection shall be required after the time
			 deemed necessary to remedy the violation, but not before three (3) calendar
			 days. Any violation of a requirement of Section VII or Section VIII may result
			 in enforcement action pursuant to Section XII of this Regulation. When the
			 Department at any time finds that a critical processing element violation
			 involving conditions whereby direct contamination of raw milk or raw milk
			 products is occurring, the Department shall take immediate action to prevent
			 transfer from the vessel or location of such raw milk or raw milk products
			 until such violations of critical processing element(s) have been
			 corrected.
G. It shall be unlawful
			 for any person who, in an official capacity, under the provisions of this
			 Regulation obtains any information of disposition of milk, or results of
			 inspections or tests thereof to use such information to his/her own advantage
			 or to reveal it to any unauthorized person.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-34 - Raw Milk for Human Consumption › Section 61-34.V - The Examination of Raw Milk and Raw Milk Products for Human Consumption

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Samples of raw milk or raw milk products for human consumption may be taken for
			 analysis for public health purposes, at any reasonable time or place, and
			 examined for any other public health reason by the Department.
B. Samples of raw milk and raw milk products
			 for human consumption shall be collected and tested prior to a permit being
			 issued. No permit shall be issued until the milk and milk products meet the
			 requirements of Section VII and Section VIII.
C. The producer shall provide to the
			 Department satisfactory pathogenic testing results prior to:
1. receiving a permit and beginning
			 production and/or distribution; or
2. reinstatement of a permit that has been
			 suspended because of positive results of testing for pathogenic organisms in
			 association with a suspected outbreak of disease. In testing associated with a
			 suspected outbreak of disease, the Department shall provide up to two (2) tests
			 at no cost to the producer; pathogen testing required beyond these two (2)
			 tests shall be the responsibility of the producer.