(A) The department may amend a cooperative agreement with the consent of the participant or when there is a change in South Carolina environmental law.
(B) The department may revoke a cooperative agreement at the request of the participant.
(C) The department may, after an opportunity for a hearing, revoke a cooperative agreement if it finds that the participant:
(1) is not in compliance with the cooperative agreement;
(2) is not in compliance with an approval that is not replaced by the cooperative agreement or with a provision of South Carolina environmental law for which the cooperative agreement does not grant a variance;
(3) has refused the department's request to amend the cooperative agreement;
(4) is unable, or has shown an unwillingness, to comply with pollution reduction goals that apply to the participant under the cooperative agreement;
(5) has entered into the cooperative agreement by misrepresenting or failing to fully disclose all relevant information or any information requested by the department.
(D) If the department revokes a cooperative agreement, it shall include in a written revocation decision:
(1) deadlines that provide the participant with a reasonable amount of time to obtain required approvals that were replaced by the cooperative agreement;
(2) any interim requirements that are needed to ensure that the participant is in compliance with all South Carolina environmental law applicable to the participant until the department issues the final approvals;
(3) any requirements of the cooperative agreement for which the department does not establish interim requirements remains in effect until the department issues the final approvals.
(E) A final decision under subsection (C) is subject to review under Section 1-23-310 of the Administrative Procedures Act or under Regulation 61-72 concerning procedures for contested cases.
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.