South Carolina General Assembly
104th Session, 1981-1982

Bill 2690

                    Current Status

Bill Number:               2690
Ratification Number:       141
Act Number                 96
Introducing Body:          House
Subject:                   Hazardous waste management
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A96, R141, H2690)

AN ACT TO AMEND ACT 436 OF 19878, THE HAZARDOUS WASTE MANAGEMENT ACT, SO AS TO PROVIDE THAT TRANSPORTERS AND OPERATORS OF ALL HAZARDOUS WASTE FACILITIES SHALL UTILIZE A MANIFEST SYSTEM AND NOT JUST THOSE GRANTED PERMITS UNDER THE ACT; AND SPECIFICALLY AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO INVOKE CIVIL PENALTIES AUTHORIZED BY THE ACT.

Be it enacted by the General Assembly of the State of South Carolina:

Manifest system required

Section 1. Section 5 of Act 436 of 1978 is amended to read:

"Section 5. All generators, transporters and operators of hazardous waste storeage, treatment and disposal facilities shall utilize a manifest system as prescribed by the department to insure that all such hazardous waste generated is designated for storage, treatment, or disposal in storage, treatment, or disposal facilities, other than facilities on the premises where the waste is generated, which have been properly permitted for such purposes."

Department may issue order requiring compliance

Section 2. Subsection A of Section 12 of Act 436 of 1978 is amended to read:

"A. Whenever the department finds that any person is in violation of any permit, regulation, standard or requirement under this act, 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 enforcement action under subsection B of this section. Violation of any court order issued pursuant to this section shall be deemed contempt of the issuing court and punishable therefor as provided by law. The department may also invoke civil penalties as provided in this section for violations of the provisions of this act, including any order, permit, regulation or standard. Any person against whom a civil penalty is invoked by the department may appeal the decision of the department to the Court of Common Pleas in Richland County."

Time effective

Section 3. This act shall take effect upon approval by the Governor.