Notwithstanding any other provision of this chapter, the director, upon receipt of information that the storage, transportation, treatment, or disposal of any waste may present an imminent and substantial hazard to the health of persons or to the environment, may take such action as he determines to be necessary to protect the health of persons or the environment. The action the director may take may include, but is not limited to:
1. Issuing an order directing the operator of the treatment, storage or disposal facility or site, or the custodian of the waste, which constitutes the hazard, to take such steps as are necessary to prevent the act or eliminate the practice which constitutes the hazard. Such action may include, with respect to a facility or site, permanent or temporary cessation of operation;
2. Requesting that the Attorney General commence an action enjoining such acts or practices. Upon a showing by the department that a person has engaged in such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted;
3. Issuing an order directing a response action by the department to eliminate the hazard and protect the public from exposure to the hazard; and
4. Requesting the Attorney General to commence an action to recover the costs of the response action from all parties liable under state or federal law.
HISTORY: 1978 Act No. 436 Section 10; 1985 Act No. 140, Section 4; 1993 Act No. 181, Section 1134.
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.