reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-106 - TANNING FACILITIES › Part I - GENERAL PROVISIONS › Section 61-106.I.1.5 - Exemptions

Current through Register Vol. 48, No. 6, June 28, 2024
1.5.1 The
				Department may, upon application therefore or upon its own initiative, grant
				such exemptions or exceptions from the requirements of this regulation as it
				determines are authorized by law and will not result in undue hazard to public
				health and safety.
1.5.2 Any person
				is exempt from the provisions of this regulation to the extent that such person
				uses equipment other than tanning equipment that emits ultraviolet radiation
				incidental to its normal operation.
1.5.3 Any individual is exempt from the
				provisions of this regulation to the extent that such individual owns tanning
				equipment exclusively for personal use.
1.5.4 Tanning equipment, while in transit or
				storage incidental thereto, is exempt from the provisions of this
				regulation.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-106 - TANNING FACILITIES › Part I - GENERAL PROVISIONS › Section 61-106.I.1.6 - Additional Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
The Department may, by order, impose upon any registrant such
				  requirements in addition to those established in this regulation as it deems
				  appropriate or necessary to minimize danger to public health and safety or
				  property.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-106 - TANNING FACILITIES › Part I - GENERAL PROVISIONS › Section 61-106.I.1.7 - Violations

Current through Register Vol. 48, No. 6, June 28, 2024
The Department is authorized to assess monetary fines and or
				  civil penalties for violations of the provisions of the Act or any regulation,
				  temporary or permanent order, or final determination of the
				  Department.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-106 - TANNING FACILITIES › Part I - GENERAL PROVISIONS › Section 61-106.I.1.8 - Enforcement Actions

Current through Register Vol. 48, No. 6, June 28, 2024
The Department may, upon proper notice to the registrant,
				  impose a fine for failing to comply with these regulations or provisions of the
				  Act, or when the Department deems a situation to constitute an existing or
				  potential public health hazard.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-106 - TANNING FACILITIES › Part I - GENERAL PROVISIONS › Section 61-106.I.1.9 - Fees

Current through Register Vol. 48, No. 6, June 28, 2024
1.9.1 Application
				Fee:
1.9.1.1 Each registrant shall pay a
				nonrefundable initial application fee of fifty dollars upon submission of the
				"Application for Registration of Tanning Facilities" form.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-106 - TANNING FACILITIES › Part I - GENERAL PROVISIONS › Section 61-106.I.1.10 - Material False Statement

Current through Register Vol. 48, No. 6, June 28, 2024
It shall be a violation of these regulations to make a
				  material false statement to the Department regarding information contained in
				  the application for registration, information pertaining to an inspection or
				  any other information required by any provision of these
				  regulations.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-106 - TANNING FACILITIES › Part I - GENERAL PROVISIONS › Section 61-106.I.1.11 - Communications

Current through Register Vol. 48, No. 6, June 28, 2024
All communications and reports concerning these regulations,
				  and registrations filed thereunder, shall be addressed to the Department
				  at:
SC Department of Health and Environmental Control
Bureau of Radiological Health
2600 Bull Street
Columbia, SC 29201
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-106 - TANNING FACILITIES › Part I - GENERAL PROVISIONS › Section 61-106.I.1.12 - Violations

Current through Register Vol. 48, No. 6, June 28, 2024
1.12.1 Assessment
				of monetary fines and or civil penalties will be based upon the severity of the
				public health risk:
Monetary and/or Civil Penalty Actions:
1st Offense
2nd
Offense
3rd
Offense
Failure to register and/or pay any fee.
$500.00
$1,000.00
$5,000.00
Ultraviolet radiation burn requiring medical
								attention and/or equipment-related injuries.
$1,000.00
$2,000.00
$4,000.00
Unsanitary conditions of tanning or tanning-
								related equipment that could result in the transmission of communicable
								diseases.
$1,000.00
$2,000.00
$4,000.00
Failure to provide and/or ensure use of Food and
								Drug Administration (FDA) approved equipment and eyewear.
$500.00
$1,000.00
$1,500.00
Use of medical lamps and/or noncompliant lamps or
								filters.
$1,000.00
$2,000.00
$3,000.00
Failure to operate a facility in a manner so as not
								to cause a potential overexposure to nonionizing radiation or potential
								transmission of a communicable disease or injury.
$500.00
$1,000.00
$5,000.00
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-106 - TANNING FACILITIES › Part II - REGISTRATION OF TANNING FACILITIES AND EQUIPMENT › Section 61-106.II.2.1 - Purpose and Scope

Current through Register Vol. 48, No. 6, June 28, 2024
This Part describes the requirements of facilities and
				  equipment that use ultraviolet and other lamps for the purpose of tanning the
				  skin of the human body through the application of ultraviolet
				  radiation.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-106 - TANNING FACILITIES › Part II - REGISTRATION OF TANNING FACILITIES AND EQUIPMENT › Section 61-106.II.2.2 - Application for Registration of Tanning Facilities

Current through Register Vol. 48, No. 6, June 28, 2024
2.2.1 Each person acquiring or establishing a
				tanning facility shall register the tanning equipment prior to beginning
				operation of such a facility.
2.2.2
				The registrant shall submit DHEC form 0826, Registration of Tanning Equipment,
				to SC DHEC, Bureau of Radiological Health, 2600 Bull Street, Columbia, SC
				29201. Upon completion and receipt of DHEC form 0826, Registration of Tanning
				Equipment, the Department will issue a tanning facility registration
				number.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-106 - TANNING FACILITIES › Part II - REGISTRATION OF TANNING FACILITIES AND EQUIPMENT › Section 61-106.II.2.3 - Issuance of Registration Document

Current through Register Vol. 48, No. 6, June 28, 2024
2.3.1 No person shall operate a tanning
				facility until the Department has issued a registration number or otherwise
				received notification from the Department.
2.3.2 Any facility found operating
				unregistered shall be subject to a Monetary Fine as described in Section1.12.1,
				and/or Civil Penalties.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-106 - TANNING FACILITIES › Part II - REGISTRATION OF TANNING FACILITIES AND EQUIPMENT › Section 61-106.II.2.4 - Transfer of Registration

Current through Register Vol. 48, No. 6, June 28, 2024
No registration shall be transferred from one person to
				  another or from one tanning facility to another tanning
				  facility.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-106 - TANNING FACILITIES › Part II - REGISTRATION OF TANNING FACILITIES AND EQUIPMENT › Section 61-106.II.2.5 - Report of Change

Current through Register Vol. 48, No. 6, June 28, 2024
The registrant shall report to the Department, within thirty
				  days, any changes of status affecting the tanning equipment or facility. Report
				  of change of status shall be made in writing and forwarded to the
				  Department.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-106 - TANNING FACILITIES › Part II - REGISTRATION OF TANNING FACILITIES AND EQUIPMENT › Section 61-106.II.2.6 - Denial, Suspension or Revocation of Registration

Current through Register Vol. 48, No. 6, June 28, 2024
2.6.1 The Department may deny suspend, or
				revoke a registration:
1. for any material
				false statement on DHEC Form 0826 Registration of Tanning Equipment; in the
				application for registration or in the statement of fact required by provisions
				of this regulation;
2. for
				falsification or alteration of records required to be kept by this
				regulation;
3. for operation of the
				tanning facility in a manner that causes or threatens to cause hazard to the
				public health or safety;
4. for
				failure to allow authorized representatives of the Department to enter the
				tanning facility at reasonable times for the purpose of determining compliance
				with the provisions of this regulation, or an order of the
				Department;
5. for failure to pay
				any fees;
6. for failure to correct
				violations;
7. for violation of, or
				failure to observe any of the terms and conditions of this regulation, or an
				order of the Department;
8. when
				the current owner of the tanning facility has one or more of the following at
				another salon: outstanding compliance issues, a poor compliance history,
				outstanding fees or penalties due, or unresolved enforcement action.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-106 - TANNING FACILITIES › Part III - STANDARDS FOR THE TANNING FACILITY › Section 61-106.III.3.1 - Purpose and Scope

Current through Register Vol. 48, No. 6, June 28, 2024
This Part provides for the minimum public health requirements
				  for tanning facilities that employ ultraviolet equipment for the purpose of
				  tanning the skin of the human body through the application of ultraviolet
				  radiation.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-106 - TANNING FACILITIES › Part III - STANDARDS FOR THE TANNING FACILITY › Section 61-106.III.3.2 - Ultraviolet Radiation Exposure

Current through Register Vol. 48, No. 6, June 28, 2024
3.2.1 Each registrant shall ensure that all
				individuals exposed to ultraviolet radiation will not be subjected to an
				overexposure of nonionizing radiation that results in a significant burning of
				the skin requiring medical attention.
3.2.2 A facility must be operated in a manner
				to prevent a potential overexposure to nonionizing radiation or potential
				transmission of a communicable disease or injury.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-106 - TANNING FACILITIES › Part III - STANDARDS FOR THE TANNING FACILITY › Section 61-106.III.3.3 - Sanitation

Current through Register Vol. 48, No. 6, June 28, 2024
3.3.1 The
				registrant shall ensure that the tanning equipment and protective eyewear
				required by this regulation are properly sanitized before each use. The
				sanitizer used shall be one intended and documented for use on the tanning
				equipment and protective eyewear. The sanitizer shall be mixed and used
				according to the manufacturer's instructions.
3.3.2 All surfaces of the tanning equipment
				must be maintained in a condition that does not compromise the effectiveness of
				sanitation.
3.3.3 A registrant
				shall not require a consumer to sanitize the tanning equipment or protective
				eyewear and shall not post any signs requesting such sanitation be performed by
				the consumer. However, this does not prevent a consumer from re-sanitizing the
				tanning equipment or protective eyewear if a consumer so chooses after the
				registrant has performed the sanitation.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-106 - TANNING FACILITIES › Part III - STANDARDS FOR THE TANNING FACILITY › Section 61-106.III.3.4 - Tanning Equipment

Current through Register Vol. 48, No. 6, June 28, 2024
3.4.1 The
				registrant shall use only tanning equipment manufactured in accordance with the
				specifications set forth in
				21
				CFR 1040.20, "Sunlamp products and
				ultraviolet lamps intended for use in sunlamp products." The nature of
				compliance shall be based on the standards in effect at the time of manufacture
				as shown on the device identification label required by
				21 CFR
				1010.3.
3.4.2 All tanning equipment must be
				maintained to prevent injury or burn.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-106 - TANNING FACILITIES › Part III - STANDARDS FOR THE TANNING FACILITY › Section 61-106.III.3.5 - Protective Eyewear

Current through Register Vol. 48, No. 6, June 28, 2024
3.5.1 If a
				consumer does not provide protective eyewear, the registrant shall have
				compliant protective eyewear available for each consumer to use during any use
				of tanning equipment.
3.5.2 If a
				consumer fails to provide compliant protective eyewear and chooses not to use
				the protective eyewear available from the registrant, then the consumer shall
				not be allowed to tan.
3.5.3 Prior
				to initial exposure, the tanning facility operator shall instruct the consumer
				in the proper utilization of the protective eyewear required by this
				regulation, to include use in accordance with the manufacturer's design,
				instructions and approval.
3.5.4
				Tanning facility operators shall ensure all protective eyewear is in optimal
				condition.
3.5.5 Tanning facility
				operators shall ensure the protective eyewear used by the consumer is used in
				accordance with its design.
3.5.6
				The protective eyewear in this regulation shall meet the requirements of
				21
				CFR 1040.20(c) (4) (4-1-87
				edition).
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-106 - TANNING FACILITIES › Part III - STANDARDS FOR THE TANNING FACILITY › Section 61-106.III.3.6 - Replacement of Ultraviolet Lamps, Bulbs or Filters

Current through Register Vol. 48, No. 6, June 28, 2024
3.6.1 The registrant shall only use lamps
				that have been certified with the Food and Drug Administration (FDA) as
				"equivalent" lamps under the FDA regulations and policies applicable at the
				time of the replacement of the lamps. The format for the equivalency document
				shall be in compliance with
				21
				CFR 1040.20 and shall be in the form of User
				Instructions.
3.6.2 The registrant
				shall maintain manufacturer's literature demonstrating the equivalency of any
				replacement lamps that are not identified as original equipment. The documents
				for any lamps currently in use shall be kept at the facility and shall be
				readily available for Department review.
3.6.3 Defective lamps or filters shall be
				replaced before further use of the tanning equipment.
3.6.4 Lamps and bulbs designated for "medical
				use only" shall not be used.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-106 - TANNING FACILITIES › Part III - STANDARDS FOR THE TANNING FACILITY › Section 61-106.III.3.7 - Use of Tanning Equipment by Minors

Current through Register Vol. 48, No. 6, June 28, 2024
3.7.1 The registrant shall not allow minors
				to use tanning equipment unless the minor provides a consent form signed by the
				minor's parent or legal guardian while witnessed by an operator or the owner of
				the tanning facility. The witness shall provide his/her name, signature, title
				and date on the consent form.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-106 - TANNING FACILITIES › Part III - STANDARDS FOR THE TANNING FACILITY › Section 61-106.III.3.8 - Warning Sign

Current through Register Vol. 48, No. 6, June 28, 2024
3.8.1 The
				following warning sign shall be conspicuously posted in the immediate proximity
				of each piece of tanning equipment. It shall be legible, and clearly visible,
				unobstructed by any barrier, equipment, or other item so that the consumer can
				easily view the warning sign before energizing this tanning equipment:
If you receive any injury from the use of this tanning
				  device, such as a burn or other physical injury, report this injury immediately
				  to a tanning equipment operator and to the SC Department of Health and
				  Environmental Control, Bureau of Radiological Health, 2600 Bull Street,
				  Columbia, SC 29201, or contact the Department by telephone at (803)
				  545-4400.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-106 - TANNING FACILITIES › Part IV - OPERATOR TRAINING › Section 61-106.IV.4.1 - Purpose and Scope

Current through Register Vol. 48, No. 6, June 28, 2024
This Part provides the minimum training requirements for
				  tanning equipment operators who employ ultraviolet and other lamps for the
				  purpose of tanning the skin of the human body through the application of
				  ultraviolet radiation.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-106 - TANNING FACILITIES › Part IV - OPERATOR TRAINING › Section 61-106.IV.4.2 - Minimum Operator Training Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
4.2.1 The operator shall ensure the tanning
				equipment is not operated in a manner to cause overexposure or injury to the
				consumer. Tanning equipment operators shall be trained at a minimum in the
				following areas:
1. the required subjects
				shall include, but not be limited to:
2. the requirements of these regulations,
				R.61-106 "Tanning
				Facilities;"
3. the proper
				procedures for the use and instruction in the use of protective
				eyewear;
4. recognition of injury
				or overexposure to ultraviolet radiation;
5. examples and detailed explanations of
				tanning equipment manufacturers recommended exposure schedules;
6. the Potential photosensitizing agents, to
				include food, cosmetics and medications, and the possibility of
				photosensitivity and photoallergic reactions;
7. the Emergency procedures to be followed in
				case of an actual or alleged ultraviolet radiation injury;
8. biological effects of ultraviolet
				radiation, to include the potential acute and long term health effects of
				ultraviolet radiation;
9. the human
				skin and the tanning process;
10.
				the public health reasons for avoiding overexposure and the dangers of
				overexposure;
11. operator training
				must be documented and available to the Department for review;
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.1 - Solid Waste Management: Solid Waste Management Grants, Recycling Education Grants, and Waste Tire Grants › Section 61-107.1.A - Applicability

Current through Register Vol. 48, No. 6, June 28, 2024
The intent of this regulation is to establish procedures for
				  disbursement of solid waste management grants, recycling education grants and
				  waste tire grants to local governments or regions for solid waste management
				  and recycling education in accordance with the intent of the legislature; to
				  assist local governments, regions and public school districts in meeting the
				  requirements of the Solid Waste Policy and Management Act of 1991 (Act
				  63).
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.1 - Solid Waste Management: Solid Waste Management Grants, Recycling Education Grants, and Waste Tire Grants › Section 61-107.1.C - General Grant Application Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
1. Requests for funding shall be submitted to
				the Office on application forms provided by the Office.
2. Applications received from local
				governments, regions or public school districts which have not expended or
				accounted for any unused grant funds from a previous grant shall be denied by
				the Office. The grant period shall run for twelve months from the date of the
				executed grant agreement. Applications from local governments, regions or
				public school districts which have not met their obligations under the terms of
				any previous grant agreements for funds under this rule shall also be denied by
				the Office.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.1 - Solid Waste Management: Solid Waste Management Grants, Recycling Education Grants, and Waste Tire Grants › Section 61-107.1.D - Disbursement of Funds

Current through Register Vol. 48, No. 6, June 28, 2024
1. Upon receipt
				and approval of the application, the Office shall determine the exact amount of
				the grant award and prepare a grant agreement.
2. The grant agreement will be forwarded to
				the applicant to be signed by a local government official, region official or
				public school district official for execution.
3. The applicant may request advance funds
				through the application process; however, known needs must be documented before
				advance funds can be approved. Within at least thirty (30) days of the properly
				executed grant agreement by all parties the advance funds will be forwarded to
				the applicant.
4. Any local
				government, region or public school district receiving grant funds will report
				on the status of the grant. Each quarterly report shall include information for
				reimbursement of actual costs and be submitted fifteen (15) days from the end
				of the previous quarter. Quarters shall run January 1st through March 31st,
				April 1st through June 30th, July 1st through September 30th and October 1st
				through December 31st of each calendar year.
5. The Office has the right to terminate a
				grant award and demand refund of grant funds for non-compliance with the terms
				of the award or these rules. The Office shall declare the local government,
				region or public school district ineligible for further participation in the
				program until the local government, region or public school district complies
				with the terms of the grant award or these rules.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.1 - Solid Waste Management: Solid Waste Management Grants, Recycling Education Grants, and Waste Tire Grants › Section 61-107.1.E - Grant Recordkeeping

Current through Register Vol. 48, No. 6, June 28, 2024
1. Each
				recipient of grant funds shall maintain accurate records of all expenditures of
				grant funds, and shall assure that these records are available for inspection
				and/or audit upon request by the Office. Records shall be kept until July 31,
				1996.
2. Recordkeeping information
				as required by the Office shall be included on each quarterly report.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.1 - Solid Waste Management: Solid Waste Management Grants, Recycling Education Grants, and Waste Tire Grants › Section 61-107.1.F - Specific Solid Waste Management and Recycling Education Grant Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
1. The
				Office will make available grant application forms to all local governments,
				and to all public school districts within the State.
2. Upon receipt and approval of the grant
				application the Office shall determine the amount of the grant award and
				prepare the grant agreement. Payment of grant awards will be contingent upon
				receipt and approval of the grant agreement.
3. All local governments applying jointly
				shall enter into a regional agreement that designates a lead applicant and
				describes how the funds will be disbursed and used. Any agency or authority
				created by regional agreement for solid waste management or recycling education
				purposes is eligible to apply for grants. The applicant shall submit all
				required documents in place of the local governments which are party to the
				agreement. Such applications and submittals shall be equivalent to those
				required if each local government were applying individually.
4. Applicant shall provide to the Office
				information on any previous state or federal grant received for the purpose of
				solid waste management or recycling. This information shall include the grant
				amount and the grant period.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.1 - Solid Waste Management: Solid Waste Management Grants, Recycling Education Grants, and Waste Tire Grants › Section 61-107.1.G - Eligibility Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
1. All
				applications shall include the following information for the area to be
				serviced under the terms of the grant:
a. A
				description of the solid waste management project or public education recycling
				project for which grant funds are requested, including any business and
				accounting plans for such projects;
b. An estimate of the quantity, source and
				type of materials to be collected and recycled under the proposed program,
				including an explanation of the methods used to estimate this quantity. The
				quantity shall include the volume of out-of-state waste coming into the service
				area, but records of out-of-state waste volume shall be shown as a separate
				item on each quarterly report;
c. A
				description of all existing or proposed recycling facilities, collection
				centers or other related service centers located within the county, including
				ownership, capacity, type of facility and approximate service area of such
				facilities;
d. Evidence that the
				grant is needed to achieve the goals set forth in the Solid Waste Policy and
				Management Act of 1991. This information will require an explanation of how the
				existing private and public sector recycling programs and efforts will be
				incorporated into the recycling and education program;
e. A summary of all costs incurred, or to be
				incurred, in planning or implementing the recycling and solid waste management
				and recycling education projects;
f. A copy of any regional agreement into
				which local governments have entered to accomplish the purposes of this
				rule;
g. Any written contracts,
				written bids or written agreements which were entered to develop and implement
				the solid waste management and recycling program;
h. The measurable objectives of the recycling
				education program, and an explanation of how the education program will
				directly promote the use of existing or planned local recycling projects;
				and,
i. A description of the
				methods to be used in evaluating the success of the solid waste management and
				recycling education programs. Progress reports and methods used to measure the
				progress shall be included in the quarterly reports.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.1 - Solid Waste Management: Solid Waste Management Grants, Recycling Education Grants, and Waste Tire Grants › Section 61-107.1.H - Special Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
1. The
				Office shall not approve any solid waste management project or recycling
				education project unless the project directly promotes the success of that
				project for which the grant was intended.
2. Effective May 27, 1993, no local
				government or region shall receive a solid waste management grant unless the
				operator of each solid waste management facility owned or operated by the local
				government or region has completed an operator training course approved by the
				Office, as required under the State Solid Waste Policy and Management Act of
				1991.
3. Grants shall not be
				provided to any local government, region or public school district that does
				not demonstrate a good faith effort to meet the requirements of the Solid Waste
				Policy and Management Act of 1991.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.1 - Solid Waste Management: Solid Waste Management Grants, Recycling Education Grants, and Waste Tire Grants › Section 61-107.1.I - Use of Solid Waste Management and Recycling Education Grant Funds

Current through Register Vol. 48, No. 6, June 28, 2024
1. Solid waste
				management grants and recycling education grants shall be used to provide
				funding for solid waste management program capital costs or recycling program
				capital costs, which include equipment purchases, solid waste scales, facility
				construction and other such costs approved by the Office, as part of the grant
				agreement.
2. Solid waste
				management and recycling education grants may also be used for operating
				subsidies, provided that the applicant demonstrates that such a use is
				necessary for the success of the program, and shall show how the subsidy will
				benefit the program. Within one (1) year of the award the applicant shall
				provide reasonable assurances that the program will be able to operate without
				a subsidy from this grant program.
3. Solid waste management grants and
				recycling education grants shall also be used for projects to assist local
				governments, regions or public school districts in recycling paper, glass,
				plastic, construction and demolition debris, white goods, and metals and in
				composting and recycling the organic material component of municipal solid
				waste.
4. Solid waste management
				grants and recycling education grants shall be used to promote recycling,
				volume reduction, proper disposal of solid wastes, and market development for
				recyclable materials. Effective May 27, 1997, twenty-five percent (25%) of any
				grant monies available shall go to local governments, regions or public school
				districts which have met the solid waste reduction and recycling goals set
				forth in their solid waste management plans. Bonus grants must be used to fund
				activities which are related to solid waste management or recycling
				education.
5. All existing public
				and private recycling infrastructure shall be fully used to the extent possible
				when planning and implementing the local government, region or public school
				district solid waste management or recycling education programs. Funds shall
				not be used for duplicating existing private and public recycling programs
				unless the applicant demonstrates that such existing programs cannot be
				integrated into the planned solid waste management programs or recycling
				education programs.
6. Solid waste
				management grants shall be used to ensure that all solid waste management
				facilities in this State are sited, designed, constructed, operated and closed
				in a manner which protects human health and safety and the
				environment.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.1 - Solid Waste Management: Solid Waste Management Grants, Recycling Education Grants, and Waste Tire Grants › Section 61-107.1.J - Allocation of Solid Waste Management Grant Funds and Recycling Education Grant Funds

Current through Register Vol. 48, No. 6, June 28, 2024
1. Effective
				November 1, 1991, monies used to fund the activities of the Office, grants to
				local governments, regions, research by state-supported educational
				institutions and public education programs shall include:
a. a two dollar fee ($2.00) on each battery
				sold in this state;
b. fifty cents
				(50¢) from a two dollar fee on each new tire sold in this State;
				¢)
c. a two dollar fee ($2.00)
				on each white good sold in this State;
d. eight cents (8¢) on each gallon of
				oil sold in this State; ¢)
e.
				out-of-state solid waste disposal fees;
f. contributions and grants from public and
				private sources;
g. oil overcharge
				monies; and,
h. monies appropriated
				by the General Assembly.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.1 - Solid Waste Management: Solid Waste Management Grants, Recycling Education Grants, and Waste Tire Grants › Section 61-107.1.K - Waste Tire Grant Funds Application Requirements and Allocation

Current through Register Vol. 48, No. 6, June 28, 2024
1. The Office will
				make available waste tire grant application forms to each local
				government.
2. No later than
				January 1, 1993, the Office shall determine the first year grant funds
				available for waste tire grants from the waste tire account of the Solid Waste
				Management Trust Fund. Each year thereafter, the Office shall determine the
				amount of funds available.
3. Each
				county or applicant making application for waste tire grant funds shall meet
				eligibility requirements as determined by the Office and the State Waste Tire
				Advisory Committee prior to approval of the application. Counties should also
				consider the advantages of a regional program prior to receiving grant
				approval.
4. Upon request, the
				Office shall provide technical assistance to a local government or region
				desiring assistance in applying for waste tire grants or choosing a method of
				waste tire management which would be an eligible use of the grant
				funds.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.1 - Solid Waste Management: Solid Waste Management Grants, Recycling Education Grants, and Waste Tire Grants › Section 61-107.1.L - Use of Waste Tire Grant Funds

Current through Register Vol. 48, No. 6, June 28, 2024
1. Funds in the Waste Tire Grant Trust Fund
				must be used exclusively through May 27, 1994, to fund grants to a county or
				region to pay for the cost of disposal of the accumulated waste
				tires.
2. A waste tire grant must
				be awarded on the basis of an approved written grant application and properly
				executed grant agreement. The application must be submitted through the Office
				for the Waste Tire Grant Committee or appropriate committee to consider. The
				Committee shall review waste tire grant applications and make recommendations
				on grant awards to the State Solid Waste Advisory Council. Waste Tire grants
				must be awarded by the State Solid Waste Advisory Council. Upon the cessation
				of the State Solid Waste Advisory Council the Waste Tire Grant Committee shall
				make recommendations to the Office.
3. The Committee may approve waste tire
				grants to local governments or regions to assist only in the following:
a. constructing or operating a Tire Derived
				Fuel (TDF) burning facility for processing or building heat, electricity or
				other energy recovery;
b.
				constructing or operating, or contracting for the construction or operation of
				a waste tire treatment facility and equipment for disposal;
c. contracting for waste tire treatment
				facility services;
d. removing or
				contracting for the removal of waste tires; or,
e. performing or contracting for the
				performance of research designed to facilitate waste tire recycling or
				disposal.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.1 - Solid Waste Management: Solid Waste Management Grants, Recycling Education Grants, and Waste Tire Grants › Section 61-107.1.M - Petroleum Grant Fund Allocation and Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
1. Two-fifths ( 2/5 ) of the funds shall be
				used to establish incentive programs to encourage:
a. individuals who change their own oil to
				return their used oil to used oil collection centers;
b. the establishment and continued operation
				of collection centers which accept used oil; and,
c. the establishment and continued operation
				of recycling facilities which prepare used oil for reuses or which utilize used
				oil in a manner that substitutes for a petroleum product made from new
				oil.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.1 - Solid Waste Management: Solid Waste Management Grants, Recycling Education Grants, and Waste Tire Grants › Section 61-107.1.N - Aggrieved Party Procedures

Current through Register Vol. 48, No. 6, June 28, 2024
1. Any
				party aggrieved by a grant decision of the Office may apply in writing within
				thirty (30) days of the decision to the State Solid Waste Advisory Council for
				a review of that decision.
2.
				Within forty-five (45) days of the original grant decision the Office shall
				inform the aggrieved party of the hearing date, place and time established to
				review the decision of the Office.
3. The State Solid Waste Advisory Council
				shall review the Office decision within sixty (60) days of the original grant
				decision date.
4. Upon the
				cessation of the State Solid Waste Advisory Council, grant decision reviews
				shall be heard by the appropriate review committee. The grant decision reviews
				shall be heard within the same time frame established for the State Solid Waste
				Advisory Council.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.2 - Solid Waste Management: Full Cost Disclosure › Section 61-107.2.A - Applicability

Current through Register Vol. 48, No. 6, June 28, 2024
This section applies to all local governments which provide
				  solid waste management services.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.2 - Solid Waste Management: Full Cost Disclosure › Section 61-107.2.C - Full Cost Disclosure Regulations

Current through Register Vol. 48, No. 6, June 28, 2024
1. Not later than one (1) year after the
				effective date of this regulation and annually thereafter, each local
				government shall determine its full cost for its solid waste management
				services within its service area for the previous fiscal year.
2. Each local government shall publish
				annually, on or before October 1 of the following year, a notice in a newspaper
				of general circulation in its service area setting forth the full cost and the
				cost to residential and nonresidential users, on an average or individual
				basis, of its solid waste management services within its service area for the
				previous fiscal year. In calculating the costs, local governments must include
				costs charged to them by persons with whom they contract for solid waste
				management services.
3. Each local
				government shall provide to the Solid Waste Management Division of the
				Department by October 15, a copy of the public notice of solid waste management
				cost as it appeared in the newspaper of general circulation as required by
				Section2. In addition, the local government shall provide to the Department by
				October 15, completed copies of Forms one (1) and two (2), "Solid Waste
				Management Services Total Cost Report", and Solid Waste Management Services
				Full Cost Accounting Summary of Costs Report", respectively, provided as the
				attachment to this regulation.
4.
				For local governments which provide collection, recycling and composting,
				transfer station services, or other waste management services, without
				providing final disposal facilities, "full cost" shall, at a minimum, include
				an itemized accounting of:
a. the cost of
				equipment, including, but not limited to, trucks, containers, compactors,
				parts, labor, maintenance, depreciation, insurance, fuel and oil, and
				lubricants for equipment maintenance;
b. the cost of overhead, including, but not
				limited to, supervision, payroll, land, office and building costs, personnel
				and administrative costs of running the waste management program, and support
				costs from other departments, government agencies, and outside consultants or
				firms;
c. the costs of employee
				fringe benefits, including, but not limited to, social security, worker's
				compensation, pension, and health insurance payments; and,
d. disposal costs and laboratory and testing
				costs.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.3 - Solid Waste Management: Waste Tires › Part I - General Provisions › Section 61-107.3.I.A - Applicability

Current through Register Vol. 48, No. 6, June 28, 2024
1. The requirements
				  of this regulation apply to waste tire haulers, collectors, processors and
				  disposers, except as specifically exempted.
2. The requirements of this regulation do not
				  apply to a person using waste tires for agricultural purposes provided the
				  tires are maintained so as to prevent and control mosquitoes and other public
				  health nuisances as determined by the Department.
3. The requirements of this regulation do not
				  apply to a tire manufacturer as related to the disposal only of tires generated
				  in the course of its scientific research and development activities, so long as
				  the waste tires are buried on the facility's own land or that of its affiliates
				  or subsidiaries and the disposal facility is in compliance with all applicable
				  regulations.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.3 - Solid Waste Management: Waste Tires › Part I - General Provisions › Section 61-107.3.I.C - Manifesting

Current through Register Vol. 48, No. 6, June 28, 2024
1. Any person who
				  transports more than fifteen (15) tires at a time, shall document the transport
				  of the tires using a South Carolina Waste Tire Manifest, or other document
				  approved by the Department.
2. The
				  manifest shall be used to track and certify the movement of waste tires from
				  the point of origination to a permitted waste tire collection facility, a
				  permitted solid waste management facility, or a permitted, or approved, waste
				  tire processing facility.
3. The
				  waste tire hauler shall sign the manifest and secure the signatures of both the
				  waste tire generator and a representative of the waste tire collection,
				  processing, or disposal facility to which the tires are delivered.
4. The manifest shall document the following:
a. The quantity of waste tires or processed
				  tires collected;
b. The name,
				  address, and contact information of the waste tire generator of the waste tires
				  or processed tires;
c. The name,
				  address, and contact information for the location to which the waste tires or
				  processed tires were delivered;
d.
				  The number of tires that were sorted for reuse; and,
e. The quantity of waste tires or processed
				  tires that were delivered to the collection, processing or disposal
				  facility.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.3 - Solid Waste Management: Waste Tires › Part I - General Provisions › Section 61-107.3.I.D - Penalties

Current through Register Vol. 48, No. 6, June 28, 2024
1. The Department
				  may impose civil penalties not to exceed ten thousand dollars ($10,000), for
				  each day of violation, for violations of the regulation.
2. A person who willfully violates this
				  regulation is guilty of a misdemeanor and, upon conviction, must be fined not
				  more than ten thousand dollars ($10,000) for each day of violation, or
				  imprisoned for not more than one (1) year, or both.
3. If the conviction is for a second or
				  subsequent offense, the punishment must be a fine not to exceed twenty-five
				  thousand dollars ($25,000) for each day of violation, or imprisonment not to
				  exceed two (2) years, or both.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.3 - Solid Waste Management: Waste Tires › Part I - General Provisions › Section 61-107.3.I.E - Violations

Current through Register Vol. 48, No. 6, June 28, 2024
Each day of noncompliance with an order issued pursuant to
					 this section or noncompliance with a permit, regulation, standard, order, or
					 requirement established under Section
					 44-96-170
					 of the South Carolina Solid Waste Policy and Management Act constitutes a
					 separate violation.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.3 - Solid Waste Management: Waste Tires › Part I - General Provisions › Section 61-107.3.I.F - Variances

Current through Register Vol. 48, No. 6, June 28, 2024
Any request for a change to the adherence to a provision or
					 provisions of this regulation, or to a permit issued pursuant to or in
					 accordance with this regulation, shall be made in writing to the Department.
					 The Department shall provide a written response to such a request. Variances
					 will be granted at the discretion of the Department.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.3 - Solid Waste Management: Waste Tires › Part II - Waste Tire Hauler Requirements › Section 61-107.3.II.A - Applicability and Conditions

Current through Register Vol. 48, No. 6, June 28, 2024
1. The
				  requirements of this section apply to haulers of waste tires and processed
				  tires who haul more than fifteen (15) waste tires or passenger tire equivalents
				  at any one (1) time.
2. Persons who
				  use company-owned or company-leased vehicles to transport tire casings for the
				  purposes of retreading between company-owned or company-franchised retail tire
				  outlets and retread facilities owned or franchised by the same company are not
				  considered waste tire haulers unless they also transport waste tires.
3. Local governments, that haul waste tires
				  only from residential curbside collection programs or designated
				  recycling/convenience centers to the local government consolidation point, are
				  exempt from the hauler registration requirements of Part II of this
				  regulation.
4. Waste tires shall be
				  transported under such conditions and circumstances so as to control mosquitoes
				  and prevent their spread.
5. A
				  waste tire hauler shall deposit waste tires and processed tires at a permitted
				  waste tire processing facility, permitted waste tire collection facility,
				  permitted solid waste management facility, or at another site approved by the
				  Department.