(A) The department, through the commissioner or the commissioner's designee, shall certify that funding for a specific emergency was necessary to protect the environment or public health, or both. Annually, the department shall prepare an independent accounting of all revenue in the fund. The report must be submitted to the chairman of the Board of the Department of Health and Environmental Control and must be made available to the public upon request.
(B) Nothing in this section precludes the department from seeking appropriate enforcement action, including civil penalties and recovery of costs expended from the fund, against a party determined to be responsible for the environmental emergency. Costs recovered pursuant to an enforcement action must be deposited in the fund in accordance with the limitation prescribed in Section 48-2-330.
HISTORY: 2000 Act No. 282, Section 1.
Structure South Carolina Code of Laws
Title 48 - Environmental Protection and Conservation
Chapter 2 - Environmental Protection Funds
Section 48-2-40. Purpose and uses of fund.
Section 48-2-60. Challenges to fees; petition, hearing, and determination of challenge.
Section 48-2-70. Processing of permit applications; maximum time for review.
Section 48-2-310. Citation of act.
Section 48-2-320. Definitions.
Section 48-2-330. Fund created; deposit of fines and penalties; maximum; interest.