South Carolina Code of Laws
Chapter 96 - South Carolina Solid Waste Policy And Management Act
Section 44-96-280. Powers of the commissioner.

The director, upon receipt of information that any aspect of solid waste management within any publicly or privately owned facility, may present an imminent and substantial hazard to human health or safety or to the environment, and may take necessary action to protect human health or safety or the environment which may include, but is not limited to, the following:
(1) entering the solid waste management facility in order to assess what actions may be necessary;
(2) issuing or modifying an order directing the person responsible for facility operations to take appropriate action to prevent or eliminate the practice which is causing the hazard or a violation of any provision of this article or regulation promulgated pursuant to this article;
(3) commencing an action to enjoin any act or practice that is causing the hazard; and
(4) inspecting and obtaining samples from a person owning, operating, or supervising any solid waste management facility. However, the department shall provide, upon request, a sample of equal volume or weight to the person owning, operating, or supervising the facility. The department also shall provide such person with a copy of the results of the analysis of the samples after the results have been properly evaluated by the department to determine their validity.
HISTORY: 1991 Act No. 63, Section 1; 1993 Act No. 181, Section 1161.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 44 - Health

Chapter 96 - South Carolina Solid Waste Policy And Management Act

Section 44-96-10. Short title.

Section 44-96-20. Findings; purposes.

Section 44-96-30. Applicability.

Section 44-96-40. Definitions.

Section 44-96-50. State solid waste management policy and goals.

Section 44-96-60. State solid waste management plan; revision of plan and annual report; State Solid Waste Advisory Council.

Section 44-96-80. County or regional solid waste management plans; local government responsibilities; local Solid Waste Advisory Councils.

Section 44-96-85. Solid Waste Emergency Fund.

Section 44-96-90. Full cost disclosure.

Section 44-96-100. Violations of certain regulations; issuance of order for compliance or civil action for injunctive relief; wilful violations; penalty; additional powers and duties of department.

Section 44-96-105. Promulgation of regulations.

Section 44-96-110. Establishment of the Office of Solid Waste Reduction and Recycling.

Section 44-96-120. Establishment of the Solid Waste Management Trust Fund; Waste Tire Grant Trust Fund.

Section 44-96-130. Solid Waste Management Grant Program.

Section 44-96-140. Recycling programs of state government; state procurement policy; report of the Department of Transportation.

Section 44-96-150. Packaging; plastics.

Section 44-96-160. Used oil.

Section 44-96-165. Independent audits of trust funds.

Section 44-96-170. Waste tires.

Section 44-96-180. Lead-acid batteries.

Section 44-96-190. Yard trash; compost.

Section 44-96-200. White goods.

Section 44-96-210. Newsprint.

Section 44-96-220. Uniform Department of Revenue collection and enforcement methods apply.

Section 44-96-235. Severability.

Section 44-96-240. Findings; purposes.

Section 44-96-250. Definitions.

Section 44-96-260. Powers and duties of the department.

Section 44-96-270. Department report on regional solid waste management facilities.

Section 44-96-280. Powers of the commissioner.

Section 44-96-290. Permitting.

Section 44-96-300. Disclosure statements by permit applicants.

Section 44-96-310. Research, development, and demonstration permits.

Section 44-96-320. Solid waste landfills.

Section 44-96-325. Commercial industrial solid waste landfill; location.

Section 44-96-330. Minimum requirements for new and existing municipal solid waste landfills.

Section 44-96-340. Solid waste incinerators.

Section 44-96-350. Minimum requirements for the management of municipal solid waste incinerator ash.

Section 44-96-360. Solid waste processing facilities.

Section 44-96-370. Storage and transfer of solid waste.

Section 44-96-380. Land application facilities; composting facilities; construction, demolition, and land clearing debris landfills.

Section 44-96-390. Approval procedures for special wastes.

Section 44-96-400. Information requirements by department; disclosure of information obtained by department.

Section 44-96-410. Inspections; samples.

Section 44-96-420. Issuance, modification, or revocation of orders to prevent violations of chapter.

Section 44-96-430. Hearings.

Section 44-96-440. Unlawful acts.

Section 44-96-450. Violations; penalties.

Section 44-96-460. Training of operators of solid waste management facilities.

Section 44-96-470. Facility issues negotiation process.