(A) The department shall review the report, the actions, or proposed actions to correct the violations and the proposed compliance schedule. The department may:
(1) approve the actions and the compliance schedule as submitted;
(2) propose different actions or compliance schedule; or
(3) disapprove the proposed actions or compliance schedule.
(B) If the department and the participant do not reach an agreement on the actions to correct the violations or on a compliance schedule or the department disapproves the use of a compliance schedule, the department may initiate procedures to revoke the cooperative agreement and may commence an enforcement action.
(C) If the parties reach agreement, the department may amend the cooperative agreement to incorporate the actions to correct the violations and the compliance schedule.
(D) The department may consider these factors in determining whether to approve a compliance schedule:
(1) environmental and public health consequences of the violations;
(2) time needed to implement a change in raw materials or method of production if that change is an available alternative to other approaches for correcting the violations; and
(3) time needed to purchase any equipment or supplies that are needed to correct the violations.
HISTORY: 2002 Act No. 318, Section 1.
Structure South Carolina Code of Laws
Title 48 - Environmental Protection and Conservation
Chapter 56 - Innovation In Environmental Approaches
Section 48-56-10. Purpose of chapter.
Section 48-56-20. Definitions.
Section 48-56-30. Administration of pilot program; cooperative agreements.
Section 48-56-40. Eligibility for participation in pilot program.
Section 48-56-50. Issuance of variances.
Section 48-56-60. Application requirements; interested persons group.
Section 48-56-70. Application review; time-frame for entering into initial agreements; renewal.
Section 48-56-80. Amendment or revocation of cooperative agreements.
Section 48-56-90. Public comment on issuance or revocation of cooperative agreements; notice.
Section 48-56-100. Force and effect of cooperative agreements.
Section 48-56-130. Reports of performance evaluations revealing violations.