Hazardous Waste Management Regulations to remain consistent with the EPA hazardous waste management regulations. (C) The surcharge imposed by this section is due and payable on or before the twentieth day of the month succeeding the month of production, importation, or removal from a storage facility. 1. SECTION 44-56-80. (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. Pinewood Development Authority; creation; composition; purpose; powers. (4) "Department" means the South Carolina Department of Health and Environmental Control. SECTION 44-56-220. (H) This section does not apply to a site where the department has been denied site access to implement this section or to drycleaning facilities owned or operated by a local government or by the state or federal government. The department shall establish a list of those vendors who are qualified to perform work to be financed by the fund. (A) There is created the Drycleaning Advisory Council to advise the Department of Health and Environmental Control on matters relating to regulations and standards which affect drycleaning and related industries. (7) "Person" includes an individual, partnership, corporation, association, trust, estate, receiver, company, limited liability company, or another entity or group. SECTION 44-56-20. 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. The department shall promulgate regulations to establish priorities for state-conducted rehabilitation at contaminated drycleaning facilities or wholesale supply facilities sites based upon factors that include, but are not limited to: (1) the degree to which human health, safety, or welfare may be affected by exposure to the contamination; (2) the size of the population or area affected by the contamination; (3) the present and future uses of the affected aquifer or surface waters, with particular consideration as to the probability that the contamination is substantially affecting or will migrate to and substantially affect a known public or private source of potable water; and. Hazardous Waste Contingency Fund: reports, fees and administration of fund. (B)(1) Upon completion of the contract, the responsible party must submit a request to the department for a certificate of completion. The expenses may be collected by suit or action, if necessary, except that if the examination and inspection and reports thereof disclose that a sufficient response had previously been made pursuant to the requirements of the department in regard thereto the expense of making the examination and inspection must be paid out of the funds of the department. The fee must be accompanied by 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. SECTION 44-56-170. 1 The South Carolina regulatory citations are from the South Carolina Hazardous Waste Management Regulations, S.C. Code Ann. (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. 2013 South Carolina Code of Laws Title 44 - Health CHAPTER 56 - SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT SECTION 44-56-820. If an owner or operator of a drycleaning facility or property owner does not elect to place a drycleaning facility under this article before October 1, 1995, the current or a future owner or operator of the site or property owner is prohibited from receiving any funds or assistance pursuant to this article. SECTION 44-56-830. Short title. (A) Beginning July 1, 1995, an environmental surcharge is assessed on the privilege of producing in, importing into, or causing to be imported into the State drycleaning solvent. Storing materials isn't as simple as locking things away in a container; you must label, seal, and store things in a certain way, according to EPA requirements. (B) A responsible party who is not subject to a department order or permit for assessment and remediation for a site is eligible to participate in the voluntary cleanup program for that site. Modification or revocation of orders to prevent violations of chapter. Infectious Waste For more information or questions about Infectious Waste Reporting Forms, please contact Kim Clyburn at (803) 898-0239. This review must include, but is not limited to, consideration of these factors: (1) the solvency of the fund as described in Section 44-56-420; (3) public health concerns related to the sites; (5) corrective action plans submitted to the department. Drycleaner's certificate of registration; purchase and sale of drycleaning solvent; revocation for failure to remit taxes. SECTION 44-56-163. SECTION 44-56-435. Payment for the initial assessment is as provided for in subsection (B), and site rehabilitation portions of the program must be administered through direct payments to contractors actually accomplishing the site rehabilitation and not through reimbursement to drycleaning or wholesale supply facility owners, operators, or property owners. The department may also invoke civil penalties as provided in this section for violations of the provisions of this chapter, including any order, permit, regulation or standard. (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. The funds withheld must not exceed the actual costs to administer, collect, and enforce the fund. (A) Notwithstanding any other provision of this article, this article does not apply to a drycleaning facility that possesses a Drycleaning Facility Exemption Certificate issued by the Department of Revenue on or after July 1, 2009. The South Carolina Universities Research and Education Foundation is authorized to expend monies in the Hazardous Waste Management Research Fund only as provided in this article. (A) There is created a Pinewood Hazardous Waste Contingency Fund to ensure the availability of funds for response actions necessary at the hazardous waste landfill located adjacent to the Town of Pinewood. (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. Requirements for contracts entered into by or on behalf of responsible parties. The department may hold public hearings and compel the attendance of witnesses; conduct studies, investigations, and research with respect to the operation and maintenance of any hazardous waste treatment or disposal facilities or sites and issue, deny, revoke, suspend or modify permits under such conditions as it may prescribe for the operation of hazardous waste treatment or disposal facilities or sites; provided, however, that no permit shall be revoked without first providing an opportunity for a hearing. (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. A drycleaning facility purchasing or receiving 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. (C) The department shall charge for and retain all monies collected as oversight costs. SECTION 44-56-205. Beginning July 1, 1990, permitted hazardous waste disposal sites are restricted to a rate of land disposal by burial not to exceed one hundred twenty thousand tons of hazardous waste for the twelve-month period ending July 1, 1991. Facilities to give preference to waste generators within the State. (E) Revenue derived from the registration fees must be submitted to the State Treasurer and credited to the Drycleaning Facility Restoration Trust Fund. (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. SECTION 44-56-180. Not later than ninety days after final promulgation or revision of regulations under Section 44-56-30 identifying by its characteristics or listing any substance as hazardous waste subject to this chapter, any person generating or transporting such substance or owning or operating a facility for treatment, storage, or disposal of such substance shall file with the department a notification stating the location and general description of such activity and the identified or listed hazardous waste handled by such person. HISTORY: 1989 Act No. Pinewood Development Authority; creation; composition; purpose; powers. (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) If a request for determination of eligibility is filed for a former drycleaning facility at which there is contamination from drycleaning solvents, the former drycleaning facility is eligible under this section regardless of when the contamination was discovered; however, the owner or operator of the drycleaning facility or wholesale supply facility shall provide documented evidence of the contamination by drycleaning solvents and the owner or operator has an operating drycleaning facility in the fund and has paid all annual fees, surcharges, and solvent fees on every drycleaning facility registered in the fund and in existence under their control since July 1, 1995, as required by the Department of Revenue. DHEC holds public meeting or hearings, if requested, for draft permits issued for: For both facility-led and DHEC-led public meetings, comments should be submitted to: Stacey French (C) The Department of Health and Environmental Control is required to report each January fifteenth the current financial position of the Drycleaning Facility Restoration Trust Fund to the General Assembly. (B) "Hazardous materials" means all materials and substances defined as hazardous by any state or federal law or regulation. (a) This part identifies those solid wastes which are subject to regulation as hazardous wastes under Regulations R.61-79.124, .262 through .266, .268, .270, and 40 CFR 271, and which are subject to the notification requirements of the South Carolina Hazardous Waste Management Act Section 44-56-120 and section 3010 of RCRA. Environmental surcharge. Certification must be issued to the party seeking to use land disposal of the waste, and the certification must be presented to the operator of the facility at the time of disposal. Appointment for full-time health inspectors. Violations; penalties. 2019 South Carolina Department of Health and Environmental Control. SECTION 44-56-30. Enter into agreements, contracts, or cooperative arrangements, under such terms and conditions as it deems appropriate, with other state, federal or interstate agencies, municipalities, educational institutions, local health departments, or other organizations or individuals; 2. (3) The covenant not to sue, liability protection, and contribution protection provided in this section shall be revoked, after reasonable notice and opportunity to cure as provided for by subsections (C)(2) and (F)(1) of this section, for a party or successor who changes the land use from the use specified in the certificate of completion to one which requires a more comprehensive cleanup. Act as a liaison between you and the regulators, like the EPA and DHEC, if necessary. Annual estimate of amount of infectious waste; infectious waste treatment . Definitions. The board may issue, modify or revoke any order to prevent any violation of this chapter. Owns or operates a facility required to have a permit under this section which facility is in existence on the effective date of this section; 2. Halogenated drycleaning fluids include perchloroethylene (also known as tetrachloroethylene), trichlorethylene, and any breakdown components of them. (c) Before issuance of a permit, the Department shall require: 1. Utilization of approved manifest systems. (C) A person who wilfully violates a provision of this article, a regulation promulgated pursuant to this article, or an order of the department issued pursuant to subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than twenty-five thousand dollars for each day of violation or imprisoned for not more than one year, or both. Any interest accruing from the management of the funds held pursuant to Section 44-56-160 or this section must be credited to this contingency fund. Section 9601, et seq. SECTION 44-56-480. (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. In South Carolina, people who generate hazardous wastes ("Generators") are required to have training. A restrictive covenant remains in effect until a complete remediation is accomplished for unrestricted use; and. If a work plan or report is not approved, the department shall notify the party concerning additional information or commitments needed to obtain approval. 1. the establishment and maintenance of such records; 3. the taking of such samples, and the performing of such tests or analyses; 4. the installing, calibrating, using, and maintaining of such monitoring equipment or methods; 5. the providing of such other information; as may be necessary to achieve the purposes of this chapter. SECTION 44-56-750. (B)(1) The surcharge imposed by this section is due and payable on the twentieth day of each month for the preceding month. 3. Call now at (888) 681-8923 to speak with an expert or go to our Request a Quote page. The funds returned to a county pursuant to this subsection or subsection (B) must be used by the local law enforcement, fire, health care, and emergency units to provide protection, assistance, and emergency preparedness for any contingency which might arise from the transportation and disposal site within the county. The county governing body, shall distribute the funds in an equitable manner to the involved local units including, but not limited to, municipalities and special purpose districts, as well as county entities. A large quantity generator producing one hundred tons or less of hazardous waste shall be assessed an annual fee of one thousand dollars. SECTION 44-56-740. SECTION 44-56-35. The South Carolina Hazardous Waste Contingency Fund must be reimbursed for any funds expended from the fund pursuant to Section 44-56-200. (11) "Site" means all areas where a contaminant, petroleum, or petroleum product has been released, deposited, stored, disposed of, or placed or otherwise comes to be located; "site" does not include any consumer product in consumer use or any vessel. Notification of department of identification and activity relating to hazardous wastes. The Drycleaning Facility Exemption Certificate authorized pursuant to this section only applies to the physical location at which the drycleaning took place and is not transferable to any other physical location. Hazardous Waste Management. Columbia, South Carolina 29201 However, an owner or operator of a drycleaning facility or property owner may elect to place the drycleaning facility under the provisions of this article by paying the required annual fee for the drycleaning facility before October 1, 1995. (2) Before entering into a voluntary cleanup contract, the nonresponsible party must certify to the department that: (a) it is not a responsible party at the site; (b) it is not a parent, successor, or subsidiary of a responsible party at the site; (c) its activities will not aggravate or contribute to existing contamination on the site or pose significant human health or environmental risks; and. (1) "CERCLA" means the Comprehensive Environmental Response, Compensation and Liability Act and its amendments, 42 U.S.C. Charges against the fund must be made in accordance with the provisions of this section. Notwithstanding any other provision of this chapter, the director, upon receipt of information that the storage, transportation, treatment, or disposal of any waste may present an imminent and substantial hazard to the health of persons or to the environment, may take such action as he determines to be necessary to protect the health of persons or the environment. For any former drycleaning facility seeking eligibility under this section after November 24, 2006, the deductible is twenty-five thousand dollars, if the following are met: (1) the former facility is determined to be eligible; and. SECTION 44-56-215. SECTION 44-56-460. The proceeds of the surcharge, after deducting the costs incurred by the Department of Revenue in administering, auditing, collecting, distributing, and enforcing the surcharge, must be remitted to the State Treasurer and credited to the fund and must be used as provided in Section 44-56-420. Requesting the Attorney General to commence an action to recover the costs of the response action from all parties liable under state or federal law. Written documentation demonstrating compliance with this item must be submitted to the department before the transportation of any hazardous waste into the State for disposal. All Rights Reserved. (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. Utilization of approved manifest systems. For the purposes of this section, the proceeds of the registration fee include all funds collected and received by the Department of Revenue, including interest and penalties on delinquent fees. 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. Site and participant eligibility. 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SECTION 44-56-740. The purpose of the voluntary cleanup program is to: (1) enable the expansion, redevelopment or return to use of industrial and commercial sites whose redevelopment is complicated by real or perceived environmental contamination; (2) provide an incentive to conduct response actions at a site by providing nonresponsible parties a covenant not to sue, contribution protection, and third party liability protection, or by providing responsible parties with a covenant not to sue for the work done in completing the response actions specifically covered in the contract and completed in accordance with the approved work plans and reports; and. The board shall promulgate such regulations, procedures or standards as may be necessary to protect the health and safety of the public, the health of living organisms and the environment from the effects of improper, inadequate, or unsound management of hazardous wastes. The department must initiate any legal actions which reasonably may result in recovery from the parties liable for the conditions necessitating the response action. This fund must be financed through fees provided in Sections 44-56-170 and 44-56-510 and credited to this fund pursuant to Section 44-56-175. SECTION 44-56-205. Definitions. For any facilities to which a full-time inspector is not assigned, there must be one or more inspectors who shall monitor these facilities on a rotating basis. SECTION 44-56-140. The Department of Revenue may authorize the quarterly, semiannual, or annual payment of this surcharge. All Rights Reserved. Attempts to mitigate effects of discharge; immunity. SECTION 44-56-50. (3) fifteen percent must be credited to the general fund. Terms Used In South Carolina Code > Title 44 > Chapter 56 - South Carolina Hazardous Waste Management Act. (7) "Petroleum" and "petroleum product" means crude oil or any fraction of crude oil which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds for each square inch absolute), including any liquid which consists of a blend of petroleum and alcohol and which is intended for use as a motor fuel. 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. The certificate of registration authorized pursuant to this section is valid beginning the first day of October following the registration and ending on the last day of the following September. Any person who in good faith gratuitously provides assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous materials, or in preventing, cleaning up, or disposing of or in attempting to prevent, clean up, or dispose of any such discharge, is not subject to civil damages unless an injury or damages result from the gross negligence, recklessness, or intentional misconduct of such person. The South Carolina Hazardous Waste Contingency Fund must be reimbursed for any funds expended from this fund pursuant to Section 44-56-200. (F) Of the fees collected pursuant to Section 44-56-510 and credited to the contingency fund pursuant to Section 44-56-175: (1) twenty-six percent must be credited to the fund for permitted sites; and. Assessment of fees against companies generating hazardous waste. Any person who violates any provision of Section 44-56-130 shall be liable for a civil penalty not to exceed twenty-five thousand dollars per day of violation. SECTION 44-56-810. 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. Nonhalogenated cleaners include petroleum based drycleaning solvents and any breakdown components of them. (e) becomes null and void if the nonresponsible party submits information that is false or incomplete and that is inconsistent with the intent of the contract. (F) Before May 24, 2005, an owner or operator of a drycleaning facility in operation before November 24, 2004, shall install dikes or other containment structures around each machine or item of equipment in which drycleaning solvents are used and around an area in which solvents or waste containing solvents are stored. Annual registration and fees for drycleaning facilities. (5) It is unlawful for any person who owns or operates a waste storage facility within this State to accept any hazardous waste generated in any jurisdiction which prohibits by law the storage of that hazardous waste within that jurisdiction or which has not entered into an interstate or regional agreement for the safe storage of hazardous waste pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act. The department shall review the application and request any additional information within ninety days. The Department's responsibility for monitoring and response action is neither a limitation nor a termination of the liability of generators, transporters, or the operators of the facility under any provision of law or at common law. As used in this subpart, all terms not defined herein shall have the meaning given to them in the South Carolina Hazardous Waste Management Act and R.61-79.260 through 266. The appropriate committees shall have the authority to study the transportation and disposal of hazardous waste in South Carolina. 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.
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