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. (A)(1) Before entering into a voluntary cleanup contract, the nonresponsible party must: (a) submit a Phase One Environmental Site Assessment conducted in accordance with all appropriate inquiry standards of CERCLA, or other evidence of conducting all appropriate inquiry in accordance with CERCLA; (b) identify a contact person, whose name, address, and telephone number must be updated throughout the term of the contract; (c) provide a legal description of the property; and. SECTION 44-56-50. Size. Clean Management Environmental is your one stop shop when it comes to Hazardous and Non-Hazardous waste disposal in Mount Pleasant, South Carolina. Receive financial and technical assistance from the federal government and private agencies; 3. 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. Requirements for contracts entered into by or on behalf of responsible parties. (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. The proceeds of the surcharge, after deducting the administrative costs incurred by the Department of Revenue in administering, auditing, collecting, distributing, and enforcing the surcharge, must be remitted by the Department of Revenue to the State Treasurer to be credited to the Drycleaning Facility Restoration Trust Fund and must be used as provided in Section 44-56-420. (2) For purposes of this section, "owner" does not include: (a) a unit of state or local government which acquired ownership or control involuntarily through bankruptcy, tax delinquency, abandonment, or other circumstances in which the government involuntarily acquires title by virtue of its function as sovereign, including acquisitions made by a forfeited land commission pursuant to Chapter 59, Title 12. (B)(1) Upon completion of the contract, the responsible party must submit a request to the department for a certificate of completion. If the owner, operator, or property owner can demonstrate, based on criteria developed by the department, that they are unable to afford to hire a contractor to conduct this secondary assessment, the department shall upon payment of one thousand dollars within thirty days, conduct the secondary assessment. SECTION 44-56-420. 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. (b) the drycleaning facility drycleaned with halogenated fluids and nonhalogenated cleaners and elected to remove the facility from the requirements of this article by election made to the Department of Revenue before October 1, 1995; (3) the drycleaning facility has never participated in the fund through payment of any surcharges or fees imposed pursuant to this article that are administered and collected by the Department of Revenue; (4) the drycleaning facility requested a Drycleaning Facility Exemption Certificate from the Department of Revenue by December 31, 2009; and. 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 to reform the law regulating waste management in order to protect health and the environment by providing reasonable measures for the prevention of pollution and ecological degradation and for securing ecologically sustainable development; to . Stay compliant to avoid fines and penalties At Daniels Health, we've said it before, and we'll say it again. Surcharge on drycleaning solvent and halogenated drycleaning fluid. Develops South Carolina's Hazardous Waste Management Regulations and seeks authorization from EPA for . (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. SECTION 44-56-175. (2) "Discharge" means leakage, seepage, or other release. Mining The department may make such certification where any person shows, to the satisfaction of the department, that the information, or parts thereof, if made public, would divulge methods, production rates, processes, or other confidential information entitled to protection. SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT ARTICLE 7. Upon promulgation of these standards, any new facility shall comply with these standards prior to issuance of a Part B permit. Each owner/operator of a hazardous waste facility is, no later than thirty days after the end of each calendar quarter, required to submit to the Department certification from any out-of-state generator that effective October 1, 1985: (1) The generator has a program in place to reduce the volume or quantity and toxicity of such waste to the degree determined by the generator to be economically practicable; and. Terms Used In South Carolina Code > Title 44 > Chapter 56 - South Carolina Hazardous Waste Management Act. (4) It is unlawful for any person who owns or operates a waste treatment facility within this State to accept any hazardous waste generated in any jurisdiction which prohibits by law the treatment of that hazardous waste within that jurisdiction or which has not entered into an interstate or regional agreement for the safe treatment of hazardous waste pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act. Exempt from the fee imposed pursuant to this section are 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, and drycleaning facilities in existence before January 1, 1940, that have drycleaned only with nonhalogenated cleaners. CHAPTER 56 - SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT ARTICLE 1. (1) The existing commercial land disposal facility in South Carolina and available capacity in this State generally are limited resources; (2) It is essential that the limited waste treatment and disposal capacity of the existing commercial facility and the State in general be preserved, ready and available to ensure that the needs of South Carolina are met first; (3) The existing commercial land disposal facility as well as other hazardous waste treatment and disposal facilities must give preference to hazardous waste generators within the State for treatment and disposal of hazardous materials at licensed facilities in the State; (4) The General Assembly and the Executive Branch have mandated restrictions on the importation of out-of-state wastes and on the capacity of existing hazardous waste landfills; and. (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. (d) requires deed notices or restrictions, or both, determined appropriate by the department, to be placed on the property after completion of the work plan. Hazardous Waste Contingency Fund: reports, fees and administration of fund. (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. In April 1997, the CNC submitted a Hazardous Waste Permit renewal application that addressed only the corrective action requirements under SCHWMA (Subtitle C of RCRA) because the hazardous waste activities had ceased upon closure. SECTION 44-56-90. 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. (ii) a parent, subsidiary of, or successor to a responsible party. SECTION 44-56-190. (4) The covenant not to sue, liability protection, and contribution protection provided in this section may 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 who fails to make material progress toward the expansion, redevelopment, or reuse of the property as provided for in the contract. The Department shall also provide the owner, operator, or agent in charge a copy of the results of any analyses of such samples. SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT. (3) "Department" means the Department of Health and Environmental Control . (4)(a) For purposes of this subsection, "county legislative delegation" includes only those members who represent the economically depressed areas of the county. (9) "Response action" means any assessment, cleanup, inspection, or closure of a site as necessary to remedy actual or potential damage to public health, public welfare, or the environment. SECTION 44-56-90. In the case of a wholesale establishment, the establishment is one that operates or has at some time in the past operated in whole or in part for the purpose of cleaning clothing and other fabrics for other drycleaning facilities or dry drop-off facilities. The Environmental Protection Agency is granting South Carolina final authorization for changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). (b) "existing contamination", as defined in the nonresponsible party voluntary cleanup contract. (10) "Storage" means the actual or intended containment of wastes, either on a temporary basis or for a period of years, in such manner as not to constitute disposal of such 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. SECTION 44-56-220. Inspections; obtaining samples. 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. (e) any person who owns or operates or who owned or operated an above ground or underground storage tank from which petroleum or petroleum products have been released or who owns and operates or who owned or operated a property on which a petroleum release has occurred; however, the exemptions of Section 44-2-80(B) and (C) apply. SECTION 44-56-475. Foundation to submit annual report to Select Oversight Committee. (13) "Voluntary cleanup contract" means a contract entered into between the department and a responsible or nonresponsible party to conduct a voluntary cleanup. The South Carolina Hazardous Waste Contingency Fund must be reimbursed for any funds expended from this fund pursuant to Section 44-56-200. Division of Waste Management 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. Has complied with the requirements of Section 44-56-120; and. Persons operating at more than one location only are required to have a single registration. Applicability of article; Drycleaning Facility Exemption certificates. (G) For drycleaning facilities that commence operating on or after November 24, 2004, the owners or operators of these facilities or property owners, before the commencement of operations, shall install beneath each machine or item of equipment in which drycleaning solvents are used a rigid and impermeable containment vessel capable of containing one hundred percent of the volume of the largest single tank in the machine or piece of equipment or one-third of the total tank capacity of each machine, whichever is greater. (A)(1) An environmental surcharge, equal to one percent of the gross proceeds of sales of a retail drycleaning facility or a dry drop-off facility is imposed upon every owner or operator of a retail drycleaning facility or a dry drop-off facility. Subchapter 61-79 - Hazardous Waste Management Regulations. (18) "Incineration" means the use of controlled flame combustion to thermally break down solid, liquid, or gaseous combustible wastes, producing residue that contains little or no combustible materials. 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. Each purchase or receipt constitutes a separate violation. (2) "Director" means the director of the department or his authorized agent. Applicability of article; Drycleaning Facility Exemption certificates. Updates to the S.C. 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. Florence, Florence County . B. 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. (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. The law requires the use of safe and secure procedures in treating, transporting, storing, and disposing of hazardous wastes. (2) "Director" means the director of the department or his authorized . (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. (F) The department's decision to enter or not to enter into a contract is final and is not a contested case within the meaning of the South Carolina Administrative Procedures Act, Section 1-23-10, et seq. All dikes or containment structures shall meet all criteria of Section 44-56-470(F). The owner or operator of such site shall cooperate fully with the department when such governmental response actions are taken.
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