Promulgation of rules and regulations. Inspect and obtain samples from any person of any wastes including samples from any vehicles in which wastes are being transported, as well as samples of any containers or labels. South Carolina Hazardous Waste Management Act Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) National Oil and Hazardous Substances Pollution Contingency Plan Regulations (NCP) Underground Storage Tanks (UST) State Underground Petroleum Environmental Response Bank (SUPERB) Act SECTION 44-56-420. For more information or questions about our UST Assessment and Correction Action Forms please call (803) 898-2544. Hazardous Waste Contingency Fund: suspension or reduction of fees on accumulation of fund. (B) Of the fees collected pursuant to Section 44-56-170(C), (D), and (E), and credited to the contingency fund pursuant to Section 44-56-175: (1) thirteen percent must be held separate and distinct within the fund in a permitted site fund for the purpose of response actions arising from the operation of the permitted land disposal facilities in this State; (2) sixty-two percent must be held separate and distinct within the fund to defray the costs of governmental response actions at uncontrolled hazardous waste sites and for the purpose of response actions arising from accidents occurring within the State in the transportation of hazardous materials; (3) five percent must be used to fund hazardous waste reduction and minimization activities of the department pursuant to Section 44-56-165; (4) eighteen percent must be remitted to and expended by the Hazardous Waste Management Research Fund in accordance with Section 44-56-810; (5) two percent must be returned to the governing body of a county in which a permitted commercial land disposal facility is located. . After the promulgation of the regulations required under Section 44-56-30: (1) It shall be unlawful for any person to generate, store, transport, treat, or dispose of hazardous wastes in this State without reporting such activity to the department as required by such regulations. 6912(a), 6926, and 6974(b). 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. Hazardous Waste Management Select Oversight Committee. 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. This limitation of liability applies only to: (a) the parties to the nonresponsible party voluntary cleanup contract and to the nonresponsible party's lenders, signatories, parents, subsidiaries, and successors; and. (4) A voluntary cleanup contract executed on behalf of a nonresponsible party must, in the department's sole discretion, provide a measurable benefit to the State, the community, or 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 44-56-165. Dated: August 14, 2020. (9) "Permit" means the process by which the department can ensure cognizance of, as well as control over the management of hazardous wastes. (4) Termination of the contract does not affect any right the department has under any law to require additional response actions or recover costs. Any waste disposed of in a land disposal site permitted to receive hazardous waste for disposal and not assessed a fee under the provisions of Article 1 of this chapter must be assessed as follows: (1) a fee of thirteen dollars and seventy cents a ton of wastes generated and disposed of in this State by landfilling or other means of land disposal; (2) for all wastes generated outside of the State and received at a facility during the quarter, each owner/operator of a hazardous waste land disposal facility shall remit to the department a fee of thirteen dollars and seventy cents a ton. There are two types of public meetings held as part of the public participation process: The RCRA regulations require the facility to hold a public meeting when: The Department is present at these meetings to help answer questions from the public and to hear public input prior to making a decision to issue a Permit. SECTION 44-56-450. (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. 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. Utilization of approved manifest systems. Chapter 56 - SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT Section 44-56-20 - Definitions. Failure to register before importing or producing drycleaning solvent into this State is a misdemeanor and, upon conviction, the person must be fined up to twenty-five thousand dollars or imprisoned up to thirty days. (C) The committee shall meet quarterly and shall submit annually a report to the General Assembly on all funds monitored under the provisions of this section before March fifteenth. (14) "Response action" is any cleanup, containment, inspection, or closure of a site ordered by the director as necessary to remedy actual or potential damages to public health, the public welfare, or the environment. SECTION 44-56-470. (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. A small quantity generator shall be assessed an annual fee of five hundred dollars. 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. Short title. Promulgation of rules and regulations. (2) "Contaminant" includes, but is not limited to, any element, substance, compound, or mixture, including disease-causing agents, which after release into the environment and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions, including malfunctions in reproduction, or physical deformations, in organisms or their offspring; "contaminant" does not include petroleum, including crude oil or any fraction of crude oil, which is not otherwise specifically listed or designated as a hazardous substance under subparagraphs (A) through (F) of paragraph (14) of CERCLA, Section 101, 42 U.S.C. Universities Research and Education Foundation authorized to expend monies from fund; purposes. 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. (B) Of the fees imposed pursuant to Section 44-56-510: (1) fifty-three percent must be credited to the Hazardous Waste Contingency Fund; (2) twenty percent must be credited to the Pinewood Development Fund; and. Inspections; obtaining samples. Section 9613 and Section 44-56-200, et seq. The funds withheld must not exceed the actual costs to administer, collect, and enforce the fund. It established a "cradle to grave" process for management of hazardous waste (spent oil, cleaning agents, pesticides, etc. 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. If the department determines that a nonresponsible party has successfully and completely complied with the contract and has completed the voluntary cleanup approved under this article, the department shall certify that the action has been completed by issuing the party a certificate of completion. The State accepts no financial responsibility as a result of the creation of the fund. Drycleaning Advisory Council; Department of Revenue participation on matters involving surcharges and fees. The South Carolina Hazardous Waste Contingency Fund must be reimbursed for any funds expended from the fund pursuant to Section 44-56-200. SECTION 44-56-163. Per diem, subsistence, and mileage must be paid from the Hazardous Waste Management Research Fund. 2019 South Carolina Department of Health and Environmental Control. (2) This limitation of liability commences on the date of execution of the nonresponsible party voluntary cleanup contract by the department; however, this limitation must be withdrawn automatically if the nonresponsible party voluntary cleanup contract is lawfully terminated by any party. The South Carolina Department of Health and Environmental Control (DHEC) is authorized by the Environmental Protection Agency to implement RCRA. You may access the S.C. (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. Information obtained by the department under this chapter shall be available to the public, unless the department certifies such information as being proprietary. South Carolina Solid Waste Transfer Stations Annual Report (07/2014), Composting / Wood Chipping Facility Annual Report Form, SW Incineration and Pyrolysis Annual Report Form, SW Processing Facility Annual Report Form, SW Used Oil Transporters - Transfer Station Annual Report Form(and instructions), For more information or questions about Waste Tires, Lead Acid Battery, or Used Oil Forms, please contact Jessica Price at (803) 898-0461. Under any other circumstances, a public meeting may be conducted at the department's discretion. For more information or questions about Regulated Waste Activity, Hazardous Waste Transporters, and Hazardous Waste Reporting Forms, please contact Shamille Riceat (803) 898-0495. (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. Many industries generate hazardous waste. (B) A report of drycleaning solvent contamination at a drycleaning facility made to the department by a person in accordance with this article or regulations promulgated pursuant to this article may not be used directly as evidence of liability for the discharge in a civil or criminal trial arising out of the discharge. (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. 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. This election must be made by registering with the Department of Revenue on or before July 1, 2005, and paying the fees and taxes provided pursuant to this article. SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT ARTICLE 7. Written documentation demonstrating compliance with this item must be submitted to the department before the transportation of any hazardous waste into the State for treatment. A comment period must be provided for thirty days from the date of newspaper publication. Open or loosely sealed containers are spilling hazards . SECTION 44-56-750. The action the director may take may include, but is not limited to: 1. The Department shall assume continuing responsibility for environmental monitoring and for any response actions necessary to ensure the health and safety of the state's citizens for any hazardous waste disposal or treatment sites permitted under this chapter when the facilities, sites, or activities close and all responsibilities required of any other party by any state or federal law or regulation cease. 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). 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. 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. Department of Health and Environmental Control may implement and enforce Public Law 96-510 relating to hazardous waste cleanup; owner defined. (5) the department has verified that the drycleaning facility has met the requirements contained in items (1) through (4) for the issuance of the Drycleaning Facility Exemption Certificate to the drycleaning facility. (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. SECTION 44-56-59. Evidence of other financial assurance in such forms and amounts as the department determines to be necessary to ensure the adequate availability of funds for clean-up costs and restoration of environmental impairment arising from the facility. In order to receive payment for services rendered part 61-79.261 - identification and activity relating to hazardous are. 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