59 of 2008. Exempt from the environmental surcharge imposed in this subsection are: (a) drycleaning facilities in existence before July 1, 1995, that possess a Drycleaning Facility Exemption Certificate issued by the Department of Revenue on or after July 1, 2009; (b) dry drop-off facilities where the clothing or other fabrics are only cleaned by a drycleaning facility: (i) owned or operated by the same person who owns or operates the dry drop-off facility; (ii) issued a Drycleaning Facility Exemption Certificate by the Department of Revenue on or after July 1, 2009; and, (iii) where the owner or operator, or related entity, does not own or operate any other drycleaning facilities that are participating in the fund through payment of any surcharges or fees imposed pursuant to this article; and. Department of Health and Environmental Control may implement and enforce Public Law 96-510 relating to hazardous waste cleanup; owner defined. SECTION 44-56-420. The fee for registration is thirty dollars. (a) If the payment of one thousand dollars is received within thirty days, the department shall conduct a secondary assessment. (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. 9601, et seq. SECTION 44-56-435. (D) Members of the committee shall receive the usual per diem, subsistence, and mileage that is provided by law for members of state boards, committees, and commissions. (12) "Voluntary cleanup" means a response action taken under and in compliance with this article. A modification is requested for a current permit. The creation of the fund creates no burden upon the State to provide monies for the fund by any mechanisms other than as provided in this section. Terms Used In South Carolina Code > Title 44 > Chapter 56 - South Carolina Hazardous Waste Management Act. The owner or operator of such site shall cooperate fully with the department when such governmental response actions are taken. Dated: August 14, 2020. Hazardous Waste Disposal South Carolina - HWH Environmental (11) "Transport" means the movement of hazardous wastes from the point of generation to any intermediate points and finally to the point of ultimate treatment, storage or disposal. (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. featuring summaries of federal and state South Carolina Code 61-79.264. - Justia Law (1) "CERCLA" means the Comprehensive Environmental Response, Compensation and Liability Act and its amendments, 42 U.S.C. If the property owner is unable to obtain information as to the number of employees at the facilities, the property owner must remit the fee imposed pursuant to subsection (B)(3) in order to register the facility. South Carolina Board of Health and Environmental Control which is charged with responsibility for implementation of the Hazardous Waste Management Act. Halogenated drycleaning fluids include perchloroethylene (also known as tetrachloroethylene), trichlorethylene, and any breakdown components of them. 32000278.pdf. SECTION 44-56-90. SECTION 44-56-495. (B)(1) A voluntary cleanup contract entered into by or on behalf of a nonresponsible party shall contain at a minimum: (a) an agreement to conduct the scope of work provided for in the contract and submission of a work plan prepared in accordance with the scope of work required by the department, health and safety plan, and provisions for written progress reports; (b) a grant of access to perform and oversee response actions; (d) a provision for the department to have the opportunity to inspect and to copy any and all documents or records in the nonresponsible party's custody, possession, or control which identifies or potentially identifies a responsible or potentially responsible party; and. An eligible drycleaning or wholesale supply facility that has applied for monies from the fund before May 24, 2004, shall have a deductible of one thousand dollars regardless of any deductible previously assigned to the facility based on its application date or type of site. Each sale or transfer constitutes a separate violation. Powers of commissioner. (13) "Uncontrolled hazardous waste site" means any site where hazardous wastes or other hazardous substances have been released, abandoned, or otherwise improperly managed so that governmental response action is deemed necessary to remedy actual or potential damages to public health, the public welfare, or the environment. Hazardous Waste Policy - University of South Carolina Hazardous Waste Contingency Fund; disposition of fees collected and earnings and interest thereon. Annual registration and fees for drycleaning facilities. The department shall establish a list of those vendors who are qualified to perform work to be financed by the fund. SECTION 44-56-20. All hazardous waste treatment and disposal facilities in South Carolina shall give preference to hazardous waste generators within the State of South Carolina for treatment and disposal of hazardous materials at licensed facilities in the State. (B)(1) Upon completion of the contract, the responsible party must submit a request to the department for a certificate of completion. Section 44-56-130 - Unlawful acts. :: 2012 South Carolina Code of Laws South Carolina RCRA 8hr Refresher Training | RCRA Hazmat Refresher The Department shall provide a sample of equal volume or weight to the owner, operator or agent in charge upon request. 2019 South Carolina Department of Health and Environmental Control. Pinewood Development Authority; creation; composition; purpose; powers. (E) The Department of Revenue may disclose to the department information on a return filed with the Department of Revenue pursuant to the provisions of Section 44-56-430. An owner or operator of a drycleaning facility participating in the fund who has purchased drycleaning solvent for use, consumption, resale, or distribution in this State must document that the surcharge imposed by this section has been paid or must pay the surcharge directly to the Department of Revenue in accordance with subsection (C). South Carolina CERCLA/Superfund: What you need to know - BLR SECTION 44-56-164. EPA regulates hazardous waste under the Resource Conservation and Recovery Act (RCRA) to ensure these wastes are managed in ways that protect human health and the environment. SECTION 44-56-200. (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. The fund may not obligate itself for more than it is estimated to generate through surcharges, annual fees, and registration fees. The law requires the use of safe and secure procedures in treating, transporting, storing, and disposing of hazardous wastes. (A) In order to identify drycleaning facilities and wholesale suppliers which have experienced contamination resulting from the discharge of drycleaning solvents and to assure the most expedient rehabilitation of these sites, the owners and operators of drycleaning facilities and wholesale suppliers and property owners are encouraged to detect and report contamination from drycleaning solvents related to the operation of drycleaning facilities or wholesale supply facilities. The department shall review the application and request any additional information within ninety days. Facilities to give preference to waste generators within the State. Surcharge on drycleaning solvent and halogenated drycleaning fluid. Subscribe to Justia's With approval of the Hazardous Waste Management Select Oversight Committee, as established under Section 44-56-840, funds specified for governmental response actions must be available to the department for personnel and operating costs to implement its program for conducting these response actions. 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. (8) "Wholesale supply facility" means a commercial establishment that supplies drycleaning solvents to drycleaning facilities. (A) If the department finds that a person is in violation of a provision of this article or a regulation promulgated pursuant to this article, the department may issue an order requiring the person to comply with the provision or regulation or the department may bring civil action for injunctive relief in an appropriate court of competent jurisdiction. The certificate of completion shall: (a) provide a covenant not to sue for the benefit of the responsible party, its signatories, parents, successors, and subsidiaries; (b) indicate the proposed future land use and if a restrictive covenant is necessary for protection of health, safety, and welfare of the public, include a copy of the restrictive covenant entered into between the department and the responsible party and filed with the Register of Deeds or Mesne Conveyances in the appropriate county. SECTION 44-56-430. Chapter inapplicable to treatment or disposal of hazardous waste. Regulations establishing standards for location of hazardous waste treatment, storage, and disposal facilities. The State Treasurer shall disburse the funds quarterly to counties which contain commercial hazardous waste land disposal sites. (E) Revenue derived from the registration fees must be submitted to the State Treasurer and credited to the Drycleaning Facility Restoration Trust Fund. 1 The South Carolina regulatory citations are from the South Carolina Hazardous Waste Management Regulations, S.C. Code Ann. These fees must be collected by the facility at which it is incinerated and remitted to the State Treasurer to be placed into a fund separate and distinct from the state general fund entitled "Hazardous Waste Fund County Account". The surcharge must be reported on forms and in the manner determined by the Department of Revenue. (I) A site owned by an owner or operator of a drycleaning facility or a property owner at any time subsequent to October 1, 1995, who misrepresents the number of employees upon which the registration fee provided for in Section 44-56-460 is based is not eligible for funds under this section. 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. SC Code 44-56-20 (2012) . Excluded from the meaning of the term "employee" are owners of drycleaning facilities and family members of owners, regardless of the level of consanguinity, if the family members are not employed and not compensated pursuant to the definition of the term "employee" contained in this item. Findings; conclusions. For the purposes of this section, the proceeds of the surcharge include all funds collected and received by the Department of Revenue, including interest and penalties on delinquent surcharges. (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. The Department of Health and Environmental Control, in its discretion, shall assign not more than two full-time health inspectors to serve at each commercial hazardous waste treatment, storage, and disposal facility located in South Carolina for the purpose of assuring the protection of the health and safety of the public by monitoring the receipt and handling of hazardous waste at these sites. (A) The Department of Health and Environmental Control is directed to establish a Hazardous Waste Contingency Fund to ensure the availability of funds for response actions necessary at permitted hazardous waste landfills and necessary from accidents in the transportation of hazardous materials and to defray the costs of governmental response actions at uncontrolled hazardous waste sites. SECTION 44-56-470. 2013 South Carolina Code of Laws - law.justia.com SECTION 44-56-485. The funds withheld must not exceed the actual costs to administer, collect, and enforce the fund. Nonhalogenated cleaners include petroleum based drycleaning solvents and any breakdown components of them. Use of the Fund for a response action is not stayed by any action for recovery. The public notice period must precede the department's scheduled date for execution of the contract. The Department of Health and Environmental Control is responsible for notifying the Department of Revenue when these amounts have been reached. Hazardous Waste Management | ADEQ Arizona Department of Environmental SECTION 44-56-160. South Carolina may have more current or accurate information. Hazardous Waste Disposal in South Carolina The Department of Revenue and the department may not disclose to the members enumerated in subsections (B)(1) through (B)(3) or to the public specific information on a return filed with the Department of Revenue pursuant to the provisions of Section 44-56-430; however, the Department of Revenue and the department may provide these members available statistical information concerning the surcharge imposed pursuant to Section 44-56-430. Annual estimate of amount of infectious waste; infectious waste treatment . (a) In determining the use of the fund for a particular governmental response action, the department shall consider the relative risk of danger to public health or welfare or the environment and the hazard potential of the substances involved including potential for fire, explosions, release of harmful air contaminants, direct human contact, contamination of surface water or groundwater including those used for drinking water supplies, and damages to sensitive ecosystems. Inspections; obtaining samples. 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. Modification or revocation of orders to prevent violations of chapter. (3) The covenant not to sue is revoked 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. (A) Of the fees imposed pursuant to Section 44-56-170(C) and (E): (1) eighty-three percent must be credited to the Hazardous Waste Contingency Fund; (2) two percent must be credited to the Pinewood Development Fund; and. Environmental surcharge. Registration; fees; certificate of registration; purchase of solvent. Regulations establishing standards for location of hazardous waste treatment, storage, and disposal facilities. SECTION 44-56-163. (2) The Department of Revenue must administer, collect, and enforce the surcharge in the manner that the sales and use taxes are administered, collected, and enforced under Chapter 36, Title 12, except that no timely payment discount or exemptions or exclusions are allowed. (4) the effect of the contamination on the environment. Regulations establishing standards for location of hazardous waste treatment, storage, and disposal facilities. (A) "Discharge" means leakage, seepage, or other release. (5) "Generation" means the act or process of producing waste materials. (E) The department shall create a mechanism in which consultants' credentials, work objectives and plans, proposed costs ranging from assessment, cleanup, and monitoring are outlined and submitted in writing for the department's approval. The containment must meet the following criteria: (1) the dikes or containment structures must be capable of containing one-third of the capacity of the total tank capacity of each machine; (2) dikes or containment structures around areas used for storage of solvents or waste containing solvents must be capable of containing one hundred percent of the volume of the largest container stored or retained in the containment structure; (3) all diked containment areas must be sealed or otherwise made impervious to the drycleaning solvents in use at the facility, including floor surfaces, floor drains, floor joints, and inner dike walls; (4) to the extent practicable, an owner or operator of a drycleaning facility or property owner shall seal or otherwise render impervious those portions of all floor surfaces upon which any drycleaning solvents may leak, spill, or otherwise be released; (5) containment devices must provide for the temporary containment of accidental spills or leaks until appropriate response actions are taken by the owner/operator to abate the source of the spill and remove the product from all areas on which the product has accumulated; and. (4) Termination of the contract does not affect any right the department has under any law to require additional response actions or recover costs. 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. Has complied with the requirements of Section 44-56-120; and. Hazardous Waste Management | Clemson University, South Carolina Hazardous Waste Contingency Fund: inconsistent regulations to be revised. Updates to the S.C. 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.
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