(A) The Board of the Department of Health and Environmental Control shall establish a moratorium on administrative and judicial actions by the department concerning drycleaning facilities and wholesale supply facilities resulting from the discharge of drycleaning solvents to soil or waters of the State. Crediting of fees imposed pursuant to Sections 44-56-170(C), (E), and (F) and 44-56-510. 44-56-160 to 44-56-200 For a Limited Time receive a FREE EHS Report "Recordkeeping for EHS Managers." This special report contains a recordkeeping checklist to help you keep track of your records for major environmental laws and OSHA's Hazard . SECTION 44-56-190. Hazardous Waste Contingency Fund: reports, fees and administration of fund. For the purpose of this item the term "hazardous waste" does not include petroleum, including crude oil or fraction thereof; natural gas; natural gas liquids; liquified natural gas; synthetic gas usable for fuel; or mixtures of natural gas and such synthetic gas. A large quantity generator producing one hundred tons or less of hazardous waste shall be assessed an annual fee of one thousand dollars. Foundation to submit annual report to Select Oversight Committee. Assessment of fees against companies generating hazardous waste. A Drycleaning Facility Exemption Certificate only may be issued by the Department of Revenue if the drycleaning facility meets the requirement in subsection (F) or all of the following requirements: (1) the drycleaning facility was in existence on July 1, 1995; (2)(a) the drycleaning facility drycleaned with nonhalogenated cleaners only on or before July 1, 1995; or. 3. In the case of a new drycleaning facility registered in accordance with Section 44-56-470, the certificate of registration authorized pursuant to this section is valid beginning on the day it is issued and ending on the last day of the following September. (D) The department shall promulgate regulations that provide for an initial contamination assessment to determine whether a drycleaning facility or wholesale supply facility is contaminated by drycleaning solvents. (4) "Department" means the South Carolina Department of Health and Environmental Control. Inspections; obtaining samples. All Forms, Applications, Registrations, Reporting Resource, Conservation, Recovery Act (RCRA), Hazardous Waste Management Regulations Update Status, Permits active treatment, storage and disposal facilities, Guides clean-up actions for thousands of waste management units, Provides regulatory concurrence to the regulated community and their consultants in Hazardous Waste Management, Develops South Carolina's Hazardous Waste Management Regulations and seeks authorization from EPA for the State program. Regulations establishing standards for location of hazardous waste treatment, storage, and disposal facilities. 96-510. For your reading pleasure, South Carolina's Hazardous Waste Management Act is found under Chapter 56 of the South Carolina Code of Laws Title 44 under Health published by the South Carolina Legislature. SECTION 44-56-460. (E) If the facility started operation before November 24, 2004, and an eligible drycleaning or wholesale owner or operator or person applies for monies from the fund: (1) on or before November 24, 2005, the deductible is one thousand dollars; (2) after November 24, 2005, the deductible is twenty-five thousand dollars. (c) For the purpose of this subsection "infrastructure" means improvements for water, sewer, gas, steam, electric energy, and communication services made to a building or land which are considered necessary, suitable, or useful to an eligible project. If a work plan or report is not approved, the department shall notify the party concerning additional information or commitments needed to obtain approval. (B) A person producing in, importing into, or causing to be imported into this State drycleaning solvent for sale, use, or otherwise must register with the Department of Revenue and become licensed for the purposes of remitting the surcharge pursuant to this section. SECTION 44-56-740. (G) Any interest accruing from the management of the funds held pursuant to this section must be credited to the Hazardous Waste Contingency Fund and is authorized for expenditure by the department to defray costs of governmental response actions at uncontrolled hazardous waste sites and for the purpose of response actions incidental to the transportation of hazardous materials, except earnings on the permitted site fund which must be credited to that fund, and earnings on the Pinewood Hazardous Waste Contingency Fund must be credited to that fund. Disclaimer: These codes may not be the most recent version. Infectious Waste For more information or questions about Infectious Waste Reporting Forms, please contact Kim Clyburn at (803) 898-0239. Environmental surcharge. SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT ARTICLE 1. This report also must review and comment on the adequacy of the current program in resolving contamination problems at both operating and closed drycleaning facilities in this State. Use of fees imposed under Section 44-56-170; hazardous waste reduction and minimization activities; enforcement of bans on certain acts. 30, Section 1, eff May 21, 2013. (2)(a) This fee must be credited to the benefit of the county where the incineration of the hazardous waste generating the fee occurred. (B) There is created the Pinewood Development Fund in the Office of the State Treasurer. SECTION 44-56-35. Aqueous wastes which are hazardous only because of pH are exempt from this fee if they are generated and treated on site in a permitted wastewater treatment plant. (D) Notwithstanding any other provision of this article, any property owner or owner or operator of a drycleaning facility that has not registered with the Department of Revenue and complied with the provisions of this article may voluntarily register with the Department of Revenue on or before July 1, 2005, without incurring any penalties or interest. Part-time employees who are employed and paid for fewer than thirty-five hours a week for fewer than forty-five weeks a year must not be deemed to be employees unless their hours and weeks of employment, when combined with the hours and weeks of employment of another or other part-time employee or employees, total thirty-five or more hours a week for forty-five or more weeks a year. Issuing an order directing a response action by the department to eliminate the hazard and protect the public from exposure to the hazard; and. (E) Revenue derived from the registration fees must be submitted to the State Treasurer and credited to the Drycleaning Facility Restoration Trust Fund. (3) Funds in each county's account must be released by the State Treasurer upon the written request of a majority of the county's legislative delegation and used for infrastructure within the economically depressed area of that county. (4) To register a facility, the property owner must obtain a notarized certification from the owner or operator of the drycleaning facility, on a form provided by the Department of Revenue, certifying the number of employees employed by the owner or operator of the drycleaning facility and his dry drop-off facilities for the twelve-month period preceding payment of the fee and must remit the fee imposed pursuant to subsection (B). (e) the contract's covenant not to sue must be revoked for a responsible party, or its successors, for conducting activities at the site that are inconsistent with the terms and conditions of the voluntary cleanup contract, and these activities constitute cause to terminate the contract. In situations where available technology is not anticipated to meet water quality standards, the department, at its discretion, is encouraged to use innovative technology including, but not limited to, technology which has been field tested through the federal innovative technology program and which has engineering and cost data available; (5) nothing in this section may be construed to restrict the department from temporarily postponing completion of a site rehabilitation program for which drycleaning restoration funds are being expended whenever the postponement is considered necessary in order to make funds available for rehabilitation of a drycleaning facility or wholesale supply facility site with a higher priority status; (6) the department shall provide the rehabilitation of eligible drycleaning facilities and wholesale supply facilities consistent with this subsection. For more information or questions about our Dry Cleaning Forms, please contact Robert Hodges at (803) 898-0919. (1) "Board" means the South Carolina Board of Health and Environmental Control which is charged with responsibility for implementation of the Hazardous Waste Management Act. Registration; fees; certificate of registration; purchase of solvent. This chapter shall be cited as the "South Carolina Hazardous Waste Management Act". South Carolina may have more current or accurate information. (C) If it is desired for any reason to verify the information furnished under subsection (A) or (B), the department in person or by its agents shall make such examination of the records of and such inspections of the properties of the entities referred to in subsection (A) as shall be necessary to procure the information required. Many industries generate hazardous waste. (2) The covenant not to sue must be revoked for a party or its successors, or both, for conducting activities at the site that are inconsistent with the terms and conditions of the voluntary cleanup contract, and these activities constitute cause to terminate the contract. (C) Notwithstanding subsections (A) and (B) of this section, if a property owner or an owner or operator of a drycleaning facility in existence on July 1, 1995, has made an election not to place a facility under the provisions of this article as allowed in subsection (A) or (B), then the property owner or an owner or operator of a drycleaning facility may affirmatively and irrevocably elect to place the drycleaning facility under the provisions of this article. The term does not include solid or dissolved materials in domestic sewage, or solid dissolved materials in irrigation return flows, or industrial discharges which are point sources subject to NPDES permits under the Federal Water Pollution Control Act or the Pollution Control Act of South Carolina or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954. Mining (a) the owner and operator of a vessel or a facility, as these terms are defined in CERCLA; (b) any person who at the time of disposal of any hazardous substance owned or operated any facility at which such hazardous substances were disposed of, as these terms are defined in CERCLA; (c) any person who by contract, settlement, or otherwise arranged for disposal or treatment or arranged with a transporter for transport for disposal or treatment of hazardous substances owned or possessed by such person, by any other party or entity, at any facility or incineration vessel owned or operated by another party or entity and containing such hazardous substances, as these terms are defined in CERCLA; and, (d) any person who accepts or accepted any hazardous substances for transport to disposal or treatment facilities, incineration vessels, or sites selected by such person, from which there is a release or a threatened release which causes the incurrence of response costs of a hazardous substance, as such terms are defined in CERCLA; and. However, with respect to item (4), if the ownership or operation of a drycleaning facility that possesses a Drycleaning Facility Exemption Certificate is transferred to another person after December 31, 2009, the new owner or operator shall request and must be provided an updated Drycleaning Facility Exemption Certificate from the Department of Revenue; otherwise the certificate remains current. The department shall establish a list of those vendors who are qualified to perform work to be financed by the fund. SECTION 44-56-170. Inspections; obtaining samples. Reporting of discharged drycleaning solvent causing contamination. SECTION 44-56-165. Violations; penalties. Duties of Department of Revenue. For any existing facility, these new standards shall be incorporated and become a condition of any Part B permit. Notwithstanding any other provision of law, the committee is composed of: (2) the chairman of the House Agriculture and Natural Resources Committee or his designee; (3) the chairman of the Senate Agriculture and Natural Resources Committee or his designee; (4) the chairman of the House Labor, Commerce and Industry Committee or his designee; (5) the chairman of the Senate Labor, Commerce and Industry Committee or his designee; (6) the Director of the Department of Health and Environmental Control or his designee; (7) one member representing business and industry appointed by the Governor; (8) one public member appointed by the Governor; (9) one member representing environmental interests appointed by the Governor; (10) the Lieutenant Governor or his designee. Any approved assessment or remedial costs in excess of one thousand dollars previously incurred by the owner, operator, or property owner shall be refunded, without interest, to the party by the department. Appointment for full-time health inspectors. The goal of Public Participation in RCRA is to involve the public early and often in the permitting process. SECTION 44-56-215. (5) "Generation" means the act or process of producing waste materials. (D) An employee of the Department of Revenue shall attend meetings of the council to provide the council informal assistance as to matters involving the surcharges and fees that are imposed pursuant to this article and which are administered and collected by the Department of Revenue. A surcharge of ten dollars per gallon on halogenated drycleaning fluid and two dollars per gallon on nonhalogenated cleaner is levied on each gallon to be used for drycleaning purposes when imported into or produced in the State. (F)(1) The department or nonresponsible party may terminate a voluntary cleanup contract by giving thirty days' advance written notice to the other. 3006, and 7004(b) of the Solid Waste Disposal Act as amended, 42 U.S.C. Fees that have been paid by the property owner, owner or operator of a drycleaning facility that is opting out of the provisions of this article may not be refunded and may not receive any benefit from this article. The Resource Conservation and Recovery Act (RCRA) is the federal law that creates the framework for the proper management of hazardous and non-hazardous solid waste. SECTION 44-56-100. (6) "Hazardous waste" means any waste, or combination of wastes, of a solid, liquid, contained gaseous, or semisolid form which because of its quantity, concentration, or physical, chemical, or infectious characteristics may in the judgment of the department: a. cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or. 2019 South Carolina Department of Health and Environmental Control. (14) "Property owner" means a person who is vested with ownership, dominion, or legal or rightful title to the real property or who has a ground lease interest in the real property on which a drycleaning or wholesale supply facility is or has ever been located. Powers of commissioner. BROWNFIELDS/VOLUNTARY CLEANUP PROGRAM . Section 44-56-20 - Definitions. (3) The Department of Revenue shall retain funds for the costs incurred to administer, collect, and enforce the fund which may include a part-time employee with the related expenses for audit purposes. SECTION 44-56-840. (B) Nothing in this subsection may be construed to restrict the department from modifying the priority status of a drycleaning facility or wholesale supply facility rehabilitation site where conditions warrant. (a) For the purpose of enforcing this chapter and Sections 44-56-160 through 44-56-190, or any regulations authorized pursuant thereto, any authorized representative or employee of the department may, upon presentation of appropriate credentials, at any reasonable time: 1. (C) In order to purchase or receive drycleaning solvent from a wholesale supply facility or another drycleaning facility, a drycleaning facility must provide the wholesale supply facility or other drycleaning facility a copy of its current certificate of registration or drycleaning facility exemption certificate, whichever is applicable. (5) "Nonresponsible party" means any party which is neither: (i) a responsible party at the time the voluntary cleanup contract is signed, including lenders, economic development agencies, fiduciaries, trustees, executors, administrators, custodians, subsequent holders of a security interest; nor. SECTION 44-56-50. SECTION 44-56-480. (A) The Department of Health and Environmental Control is empowered to implement and enforce the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (Public Law 96-510), and subsequent amendments to Public Law 96-510 as of the effective date of the amendments. Upon sufficient notice, the department may require the production of the desired writings and records and the attendance and testimony under oath of the officers, accountants, or other agents of the parties having knowledge thereof at such place as the department may designate. In addition to funding hazardous waste reduction and minimization activities, the fees also must be used to enforce the bans set forth in Section 44-56-130(4), (5), and (6). These improvements include, but are not limited to: (i) improvements to both public water and sewer systems; (ii) improvements to public electric, natural gas, and telecommunication systems; and. The South Carolina Hazardous Waste Contingency Fund must be reimbursed for any funds expended from this fund pursuant to Section 44-56-200. All dikes or containment structures shall meet all criteria of Section 44-56-470(F). Enter any place where hazardous wastes are generated, stored, treated, or disposed of; 2. Improper Labeling and Lab Packing. SECTION 44-56-750. The Department shall provide a sample of equal volume or weight to the owner, operator or agent in charge upon request. The authority shall consist of these ex officio members: (1) the chairman of the Sumter County Council or a council member designated by the chairman; (2) the chairman of the Clarendon County Council or a council member designated by the chairman; (3) one member of the Sumter County Council who represents the geographical area within which this fund may be used for economic development; (4) one member of the Clarendon County Council who represents the geographical area within which this fund may be used for economic development. Promulgation of rules and regulations. Facilities to give preference to waste generators within the State. Each purchase or receipt constitutes a separate violation. The provisions of Title 12 apply to the collection and enforcement of the surcharge by the Department of Revenue. (A) "Discharge" means leakage, seepage, or other release. (C) All nonresponsible parties who demonstrate financial viability to meet their obligations under the contract and who will undertake or whose nonresponsible party lenders, signatories, parents, subsidiaries, and successors will undertake the expansion, redevelopment, or return to use of the property are eligible to participate in the voluntary cleanup program. (3) "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. SECTION 44-93-210. The department must, concurrent with taking a governmental response action, initiate the appropriate administrative action to exhaust any applicable liability insurance or other financial assurance mechanisms which have been provided by the responsible party and, where appropriate, funds available through P.L. (2) It shall be unlawful for any person to generate, store, transport, treat, or dispose of hazardous wastes in this State without complying with the procedures described in such regulations. SECTION 44-56-450. The immunities provided in Section 44-56-320 apply only to any person: (A) Whose act or omission did not cause the actual or threatened discharge and who would not otherwise be liable therefor, or. (7) "Person" includes an individual, partnership, corporation, association, trust, estate, receiver, company, limited liability company, or another entity or group. For more information or questions about Mining Forms, please contact Joe Koon at (803) 898-1371. (B) at least one hundred ten thousand tons of hazardous waste disposed of by land burial in this State during the twelve-month period was generated in South Carolina. The Department is directed to revise and amend the necessary provisions of R. 61-79 (DHED) which are contrary or inconsistent with the provisions of Sections 44-56-160 through 44-56-190. A wholesale supply facility selling or providing drycleaning solvent in violation of the provisions of this subsection is subject to a civil penalty of up to ten thousand dollars for each violation. (A) There is created in the state treasury a separate and distinct account called the "Drycleaning Facility Restoration Trust Fund", revenue for which must be collected and enforced by the Department of Revenue, and the fund must be administered by the Department of Health and Environmental Control and expended for the purposes of this article. Upon registration by the property owner, the owner or operator of the drycleaning facility must be notified by the Department of Revenue of the registration and the owner or operator of the drycleaning facility must comply with all applicable provisions of this article, including the payment of subsequent renewal fees imposed under subsection (B). However, once the fund has an available uncommitted balance, the department's other sources of money that paid for the approved emergency cleanup may be reimbursed for the costs incurred through annual payments which may not exceed five percent of the total fund's average annual balance. SECTION 44-56-30. The Resource Conservation and Recovery Act (RCRA) is a federal law enacted the Environmental Protection Agency in 1976 that established a regulatory system to track hazardous wastes from the point of generation to disposal. This prohibition applies even if the same person owns or operates both drycleaning facilities. These standards shall be based solely upon the protection of human health and the environment. Hazardous Waste Management Regulations are described on this webpage - Hazardous Waste Management Regulations Update Status | SCDHEC. The facility shall submit this certification with its regular report to the department of permitted activity at the disposal site. The department shall implement a fee schedule to cover the costs of implementing this inspection program and the fees must be collected by the facilities from the hazardous waste generators utilizing these sites. All Rights Reserved. (E) Notwithstanding any other provision of this article, the department may direct the Department of Revenue to allow a property owner or owner or operator of a drycleaning facility, who elected not to place the facility under this article pursuant to subsection (A) or (B) of this section to register, provided the department finds that the property owner or owner or operator of the drycleaning facility requesting to register did not have notice of this article for more than ninety days prior to requesting registration. (3) If, after receiving notice that costs are due and owing, the nonresponsible party does not pay to the department oversight costs associated with the voluntary cleanup contract in a timely manner, the department may bring an action to recover the amount owed and all costs incurred by the department in bringing the action including, but not limited to, attorney's fees, department personnel costs, witness costs, court costs, and deposition costs. chapter 54 - drug dealer liability act: html: word: chapter 55 - water, sewage, waste disposal and the like: html: word: chapter 56 - south carolina hazardous waste management act: html: word: chapter 59 - the river basins advisory commissions: html: word: chapter 61 - emergency medical services: html: word: chapter 63 - vital statistics: html . Simply contact us today at 1-877-777-6708 or email us for your next project, and our waste experts will assess your needs and provide the best option for quick pick-up and removal. Has complied with the requirements of Section 44-56-120; and. (A) Each generator shall, no later than thirty days after the end of each calendar quarter, submit a written report to the Department including, but not limited to, the following information: 1. b. pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. Whenever the department finds that any person is in violation of any permit, regulation, standard, or requirement under this Chapter, the department may issue an order requiring such person to comply with such permit, regulation, standard, or requirement, or the department may request that the Attorney General bring civil action for injunctive relief in the appropriate court; or, the department may request that the Attorney General bring civil enforcement action under subsection B of this section. If the owner, operator, or property owner placed a drycleaning facility that was in existence on July 1, 1995, under this article, and met all other requirements including registration of that site, the facility is eligible pursuant to this article. This chapter does not apply to the treatment or disposal of hazardous waste regulated under the South Carolina Hazardous Waste Management Act. (2) If the department determines that the nonresponsible party has not completed the contract satisfactorily, the department shall notify in writing the nonresponsible party and the current owner of the property, if different from the nonresponsible party who signed the contract, that the contract has not been satisfied and shall identify any deficiencies. Assessment of fees against companies generating hazardous waste. Definitions. (2) For each drycleaning facility in operation that was established after October 1, 1995, the owner or operator of the drycleaning facility shall register with and pay initial registration fees to the Department of Revenue, and pay annual or quarterly renewal registration fees as established by the Department of Revenue. All Rights Reserved. SECTION 44-56-495. No identified or listed hazardous waste subject to this chapter may be transported, treated, stored, or disposed of unless notification has been given as required under this section. SECTION 44-56-450. SECTION 44-56-120. (4) the effect of the contamination on the environment. SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT. E. The violations referred to in this section shall be reported by the department to the governing body of the county or municipality concerned within twenty-four hours. 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