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.
(2) It shall be unlawful for any person to generate, store, transport, treat, or dispose of hazardous wastes in this State without complying with the procedures described in such regulations.
(3) It shall be unlawful for any person to fail to comply with this chapter and rules and regulations promulgated pursuant to this chapter; to fail to comply with any permit issued under this chapter; or to fail to comply with any order issued by the board, director, or department.
For the validity of (4) to (6), see Editors' Notes below.
(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. 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.
(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. Written documentation demonstrating compliance with this item must be submitted to the department before the transportation of any hazardous waste into the State for storage.
(6) It is unlawful for any person who owns or operates a waste disposal facility within this State to accept any hazardous waste generated in any jurisdiction which prohibits by law the disposal of that hazardous waste within that jurisdiction or which has not entered into an interstate or regional agreement for the safe disposal of hazardous waste pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act. 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.
HISTORY: 1978 Act No. 436 Section 11; 1989 Act No. 196, Section 9; 1993 Act No. 181, Section 1135.
Validity
For the validity of (4) to (6) of this section, see Environmental Technologies Council v. State of South Carolina, 901 F.Supp. 1026 (D.S.C. 1995).
Structure South Carolina Code of Laws
Chapter 56 - South Carolina Hazardous Waste Management Act
Section 44-56-10. Short title.
Section 44-56-20. Definitions.
Section 44-56-30. Promulgation of rules and regulations.
Section 44-56-40. Powers of department.
Section 44-56-50. Powers of commissioner.
Section 44-56-59. Findings; conclusions.
Section 44-56-70. Utilization of approved manifest systems.
Section 44-56-80. Requirements of department; disclosure of information obtained by department.
Section 44-56-90. Inspections; obtaining samples.
Section 44-56-100. Modification or revocation of orders to prevent violations of chapter.
Section 44-56-130. Unlawful acts.
Section 44-56-140. Violations; penalties.
Section 44-56-163. Pinewood Hazardous Waste Contingency Fund; Pinewood Development Fund.
Section 44-56-164. Pinewood Development Authority; creation; composition; purpose; powers.
Section 44-56-170. Hazardous Waste Contingency Fund: reports, fees, and administration of fund.
Section 44-56-190. Hazardous Waste Contingency Fund; inconsistent regulations to be revised.
Section 44-56-205. Facilities to give preference to waste generators within the State.
Section 44-56-210. Appointment of full-time health inspectors.
Section 44-56-215. Assessment of fees against companies generating hazardous waste.
Section 44-56-310. Definitions.
Section 44-56-320. Attempts to mitigate effects of discharge; immunity.
Section 44-56-330. Applicability.
Section 44-56-410. Definitions.
Section 44-56-420. Drycleaning Facility Restoration Trust Fund.
Section 44-56-425. Applicability of article; Drycleaning Facility Exemption certificates.
Section 44-56-430. Fund management.
Section 44-56-435. Duties of Department of Revenue.
Section 44-56-440. Registration; fees; certificate of registration; purchase of solvent.
Section 44-56-450. Environmental surcharge.
Section 44-56-460. Surcharge on drycleaning solvent and halogenated drycleaning fluid.
Section 44-56-470. Eligibility for funds.
Section 44-56-480. Containment structures.
Section 44-56-485. Regulations.
Section 44-56-490. Violations.
Section 44-56-510. General provisions.
Section 44-56-720. Definitions.
Section 44-56-730. Site and participant eligibility.
Section 44-56-740. Requirements for contracts entered into by or on behalf of responsible parties.
Section 44-56-760. Review of program.
Section 44-56-810. Creation of fund; purpose; financing and expenditures.
Section 44-56-830. Foundation to submit annual report to Select Oversight Committee.
Section 44-56-840. Hazardous Waste Management Select Oversight Committee.