Revitalizing Southeastern Communities
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South Carolina
The South Carolina Department of Health and Environmental Control administers South Carolina's
brownfields program. This program offers State CERCLA liability protection, contribution protection,
and third party liability protection for non-responsible parties who enter into a voluntary cleanup
contract prior to the acquisition of a property. When working with the State of South Carolina as a
non-responsible party, the first step is to complete the "Information and Certification" that serves
as the application for South Carolina's Voluntary Cleanup Program for brownfields sites. This form can
be found at www.scdhec.gov/lwm/forms/Cert_and_lnfo.pdf. A model non-responsible party contract
can be found at www.scdhec.gov/lwm/forms/NRP_Model_June_2005.pdf.
South Carolina offers financial incentives for redevelopment of brownfields sites, including job tax
credits, corporate income tax credits for amounts spent on performance of environmental work,
property tax exemption with County concurrence, and eligibility for fee in lieu of taxes. These
financial incentives can be found atwww.scstatehouse.net/sessl 14 2001 -2002/bills/4548.htm .
South Carolina, using funding provided by the EPA, can perform some site-specific assessments at
brownfields sites that are owned by a local government or non-profit organization or at brownfields
sites that are privately owned but have strong local government involvement and support in
redevelopment that will benefit the community and local government.
The South Carolina Department of Health and Environmental Control administers a state-wide
Brownfields Cleanup Revolving Loan Fund (BCRLF) with funding provided by EPA. This funding can be
used to make low interest loans to local governments, non-profit organizations, and private parties to
perform removal actions at brownfields sites. South Carolina is in the process of transitioning the
BCRLF to offer grants (with a 20% match) to local governments and non-profit organizations.
Website:
www.scdhec.gov/lwm/html/vcp_info.html
Contacts:
Gail Rawls Jeter
Brownfields Coordinator
South Carolina Department of Health &
Environmental Control
2600 Bull Street
Columbia, SC 29201
803-896-4069
jetergr@dhec.sc.gov
J. Keith Lindler, P.E.
Director
Site Assessment & Remediation Division
South Carolina Department of Health &
Environmental Control
2600 Bull Street
Columbia, SC 29201
803-896-4052
lindlejk@dhec.sc.gov
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BIL: 3266
RTN: 2 7 9
ACN: 2 5 8
TYP: General Bill GB
INB: House
IND: 19990113
PSP: D. Smith
SPO: D. Smith, J. Brown, W. McLeod, Miller
DDN: 1:\council\bills\psd\7 074ac99.doc
DPB: 20000419
LAD: 20000412
GOV: S
DGA: 20000501
SUB: Brownfields/Voluntary Cleanup Act, Program; Hazardous Waste, Health and
Environmental Control Department
HST:
Body Date Action Description Com Leg Involved
20000516
20000501
20000426
House 20000419
20000413
Senate 20000412
Senate 20000330
20000330
Senate 20000329
Senate 20000314
House
House
House
House
House
House
House
20000309
20000308
20000306
20000302
20000302
20000301
19990420
19990113
Act No. A2 5 8
Signed by Governor
Ratified R279
Concurred in Senate amendment,
enrolled for ratification
Scrivener's error corrected
Amended, read third time,
returned to House with amendment
Read second time
Scrivener's error corrected
Committee report: Favorable
Introduced, read first time,
referred to Committee
Read third time, sent to Senate
Amended, read second time
Co-Sponsor added (Rule 5.2) by Rep.
Scrivener's error corrected
Co-Sponsor added (Rule 5.2) by Rep.
Committee report: Favorable with
amendment
Co-Sponsor added (Rule 5.2) by Rep.
Introduced, read first time,
referred to Committee
13 SMA
13 SMA
2 0 HANR
Miller
W. McLeod
J. Brown
2 0 HANR
Versions of This Bill
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Revised
Revised
Revised
Revised
Revised
Revised
Revised
on
20000301
on
20000302
on
20000308
on
20000329
on
20000330
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TXT:
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(A258, R279, H3266)
AN ACT TO AMEND CHAPTER 56, TITLE 44, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT
ACT BY ADDING ARTICLE 7, SO AS TO ENACT THE
"SOUTH CAROLINA BROWNFIELDS/VOLUNTARY
CLEANUP ACT" INCLUDING PROVISIONS WHICH
ESTABLISH A VOLUNTARY CLEANUP PROGRAM FOR
PARTIES RESPONSIBLE FOR DISPOSAL OF HAZARDOUS
WASTE AND TO FURTHER PROVIDE FOR THE PURPOSES
AND THE PROCEDURES UNDER WHICH THIS PROGRAM IS
TO OPERATE; AND TO AMEND SECTION 44-56-200, AS
AMENDED, RELATING TO THE FEDERAL
COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT OF 1980, SO AS TO
CLARIFY THE MEANING OF "PERSON" FOR PURPOSES OF
THAT ACT.
Be it enacted by the General Assembly of the State of South Carolina:
Citation to act
SECTION 1. This act may be cited as the "South Carolina
Brow nfie 1 ds/Vo 1 untary Cleanup Act".
Brownfields/Voluntary Cleanup Program
SECTION 2. Chapter 56, Title 44 of the 1976 Code is amended by
adding:
"Article 7
Brownfields/Voluntary Cleanup Program
Section 44-56-710. The purpose of the voluntary cleanup program
is to:
(1) return to use industrial and commercial facilities whose
redevelopment is complicated by real or perceived environmental
contamination;
(2) provide an incentive to conduct response actions at a site by
providing nonresponsible parties State CERCLA liability protection or
by providing responsible parties with a covenant not to sue; and
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(3) provide reimbursement to the department for oversight costs.
Section 44-56-720. As used in this article:
(1) 'CERCLA' means the Comprehensive Environmental
Response, Compensation and Liability Act and its amendments, 42
U.S.C. 9601, et seq.
(2) 'Contaminant' includes, but is not limited to, any element,
substance, compound, or mixture, including disease-causing agents,
which after release into the environment and upon exposure, ingestion,
inhalation, or assimilation into any organism, either directly from the
environment or indirectly by ingestion through food chains, will or may
reasonably be anticipated to cause death, disease, behavioral
abnormalities, cancer, genetic mutation, physiological malfunctions,
including malfunctions in reproduction, or physical deformations, in
organisms or their offspring; 'contaminant' does not include petroleum,
including crude oil or any fraction of crude oil, which is not otherwise
specifically listed or designated as a hazardous substance under
subparagraphs (A) through (F) of paragraph (14) of CERCLA, Section
101, 42 U.S.C. Section 9601, et seq. and does not include natural gas,
liquefied natural gas, or synthetic gas of pipeline quality or mixtures of
natural gas and such synthetic gas.
(3) 'Department' means the South Carolina Department of Health
and Environmental Control.
(4) 'Nonresponsible party' means any party which is neither:
(i) a responsible party at the time the voluntary cleanup contract
is signed, including lenders, economic development agencies,
fiduciaries, trustees, executors, administrators, custodians, subsequent
holders of a security interest; nor
(ii) a parent, subsidiary of, or successor to a responsible party.
(5) 'Oversight costs' means those costs, both direct and indirect,
incurred by the department in implementing the Voluntary Cleanup
Program.
(6) 'Property' means that portion of the site which is subject to the
ownership, prospective ownership, or possessory or contractual interest
of a responsible party or a nonresponsible party.
(7) 'Response action' means any assessment, cleanup, inspection,
or closure of a site as necessary to remedy actual or potential damage to
public health, public welfare, or the environment.
(8) 'Responsible party' means:
(a) the owner and operator of a vessel, as defined in CERCLA
Section 101 (28), or a facility;
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(b) any person who at the time of disposal of any hazardous
substance owned or operated any facility at which such hazardous
substances were disposed of;
(c) any person who by contract, settlement, or otherwise
arranged for disposal or treatment or arranged with a transporter for
transport for disposal or treatment of hazardous substances owned or
possessed by such person, by any other party or entity, at any facility or
incineration vessel owned or operated by another party or entity and
containing such hazardous substances; and
(d) any person who accepts or accepted any hazardous
substances for transport to disposal or treatment facilities, incineration
vessels, as defined in CERCLA Section 101 (38), or sites selected by
such person, from which there is a release or a threatened release which
causes the incurrence of response costs of a hazardous substance.
(9) 'Site' means all areas where a contaminant has been released,
deposited, stored, disposed of, or placed or otherwise comes to be
located; 'site' does not include any consumer product in consumer use
or any vessel, as defined in CERCLA Section 101 (28).
(10) 'Voluntary cleanup' means a response action taken under and in
compliance with this article.
(11) 'Voluntary cleanup contract' means a contract entered into
between the department and a responsible or nonresponsible party to
conduct a voluntary cleanup.
Section 44-56-730. (A) A site known or perceived to be impacted
by a contaminant is eligible for participation in the voluntary cleanup
program unless the site is listed or proposed to be listed on the National
Priorities List pursuant to CERCLA Section 105.
(B) A responsible party who is not subject to a department order or
permit for assessment and remediation is eligible to participate in the
voluntary cleanup program for that site.
(C) All nonresponsible parties who demonstrate financial viability
to meet their obligations under the contract are eligible to participate in
the voluntary cleanup program.
Section 44-56-740. (A)(1) A voluntary cleanup contract entered
into by or on behalf of a responsible party shall contain at a minimum:
(a) submission of a work plan, health and safety plan, and
provisions from written progress reports;
(b) a grant of access to perform and oversee response actions;
and
(c) a legal description of the property.
(2) A voluntary cleanup contract shall stipulate that it:
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(a) is not a release of covenant not to sue for any claim or
cause of action against a responsible party who is a nonsignatory to the
contract;
(b) does not limit the right of the department to undertake
future response actions; and
(c) is not a release or convenant not to sue for claims against a
responsible party for matters not expressly included in the contract.
(3) After signing a voluntary cleanup contract, the responsible
party shall prepare and submit the appropriate work plans and reports to
the department. The department shall review and evaluate the work
plans and reports for accuracy, quality, and completeness. If a work
plan or report is not approved, the department shall notify the party
concerning additional information or commitments needed to obtain
approval.
(4) A voluntary cleanup contract executed on behalf of a
responsible party inures to the benefit of the responsible party's
signatories, parents, successors, assigns, and subsidiaries.
(5) A voluntary cleanup contract must give the responsible party
the department's covenant not to sue for the work done in completing
the response actions specifically covered in the contract and completed
in accordance with the approved work plans and reports. The covenant
not to sue must be contingent upon the department's determination that
the responsible party successfully and completely complied with the
contract.
(B)(1) Upon completion of the contract, the responsible party must
submit a request to the department for a certificate of completion. If
the department determines that a responsible party has successfully and
completely complied with the contract and has successfully completed
the voluntary cleanup approved under this article, the department shall
certify that the action has been completed by issuing the party a
certificate of completion. The certificate of completion shall:
(a) provide a covenant not to sue for the benefit of the
responsible party, its signatories, parents, successors, and subsidiaries;
(b) indicate the proposed future land use and if a restrictive
covenant is necessary for protection of health, safety, and welfare of the
public, include a copy of the restrictive covenant entered into between
the department and the responsible party and filed with the Register of
Deeds or Mesne Conveyances in the appropriate county. A restrictive
covenant remains in effect until a complete remediation is
accomplished for unrestricted use; and
(c) include a legal description of the site and the name of the
site's owner.
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(2) If the department determines that the responsible party has
not completed the contract satisfactorily, the department shall notify in
writing the responsible party and the current owner of the site, if
different from the responsible party who signed the contract, that the
contract has not been satisfied and shall identify any deficiencies.
(3) The covenant not to sue is revoked for a party or successor
who changes the land use from the use specified in the certificate of
completion to one which requires a more comprehensive cleanup.
(C) The department shall charge for and retain all monies collected
as oversight costs. The South Carolina Hazardous Waste Contingency
Fund must be reimbursed for any funds expended from this fund
pursuant to Section 44-56-200.
(D) Public participation procedures for a voluntary cleanup contract
entered into by a responsible party shall follow the same guidelines for
public participation as those for the State CERCLA program and not
inconsistent with the National Contingency Plan.
(E)(1) The department or the responsible party may terminate a
voluntary cleanup contract by giving thirty days' advanced written
notice to the other. The department may not terminate the contract
without cause.
(2) The covenant not to sue must be revoked for a party or its
successors, or both, for conducting activities at the site that are
inconsistent with the terms and conditions of the voluntary cleanup
contract.
(3) If, after receiving notice that costs are due and owing, the
responsible party does not pay the department oversight costs
associated with the voluntary cleanup in a timely manner, the
department may bring an action to recover the amount owed and all
costs incurred by the department in bringing the action including, but
not limited to, attorney's fees, department personnel costs, witness
costs, court costs, and deposition costs.
(4) Termination of the contract does not affect any right the
department has under any law to require additional response actions or
recover costs.
(F) The department's decision to enter or not to enter into a contract
is final and is not a contested case within the meaning of the South
Carolina Administrative Procedures Act, Section 1-23-10, et seq.
Section 44-56-750. (A)(1) Before entering into a voluntary
cleanup contract, the nonresponsible party must:
(a) submit to the department its proposed scope of work;
(b) identify a contact person, whose name, address, and
telephone number must be updated throughout the term of the contract;
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(c) provide a legal description of the property; and
(d) identify the business activities planned to be carried out on
the property.
(2) Before entering into a voluntary cleanup contract, the
nonresponsible party must certify to the department that:
(a) it is not a responsible party at the site;
(b) it is not a parent, successor, or subsidiary of a responsible
party at the site;
(c) its activities will not aggravate or contribute to existing
contamination on the site or pose significant human health or
environmental risks; and
(d) it is financially viable to meet the obligations under the
contract.
(B)(1) A voluntary cleanup contract entered into by or on behalf of a
nonresponsible party shall contain at a minimum:
(a) submission of a work plan, health and safety plan, and
provisions for written progress reports;
(b) a grant of access to perform and oversee response actions;
(c) a legal description of the property;
(d) a provision for the department to have the opportunity to
inspect and to copy any and all documents or records in the
nonresponsible party's custody, possession, or control which identifies
or potentially identifies a responsible or potentially responsible party;
and
(e) a provision that the department has an irrevocable right of
access to the property once the property is acquired by the
nonresponsible party. The right of access remains until a complete
remediation is accomplished for unrestricted use.
(2) A voluntary cleanup contract shall stipulate that it:
(a) is not a release or covenant not to sue for any claim or
cause of action against a responsible party who is a nonsignatory to the
contract;
(b) does not limit the right of the department to undertake
future response actions;
(c) is not a release or covenant not to sue for claims against a
responsible party for matters not expressly included in the contract;
(d) does not release the nonresponsible party from liability for
any contamination that the nonresponsible party causes or contributes
to the site; and
(e) becomes null and void if the nonresponsible party submits
information that is false or incomplete and that is inconsistent with the
intent of the contract.
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(3) After signing a voluntary cleanup contract, the
nonresponsible party shall prepare and submit the appropriate work
plans and reports to the department. The department shall review and
evaluate the work plans and reports for accuracy, quality, and
completeness. If a work plan or report is not approved, the department
shall notify the party concerning additional information or
commitments needed to obtain approval.
(4) A voluntary cleanup contract executed on behalf of a
nonresponsible party must, in the department's sole discretion, provide
a measurable benefit to the State, the community, or the department.
(5) After considering existing and future use or uses of the site,
the department may approve submitted work plans or reports that do
not require removal or remedy of all discharges, releases, and
threatened releases at a site as long as the response action:
(a) is consistent and compatible with the proposed future use
of the site;
(b) will not contribute to or exacerbate discharges, releases, or
threatened releases;
(c) will not interfere with or substantially increase the cost of
response actions to address the remaining discharges, releases, or
threatened releases; and
(d) requires deed notices or restrictions, or both, determined
appropriate by the department, to be placed on the property after
completion of the work plan.
(6) A voluntary cleanup contract executed on behalf of a
nonresponsible party inures to the benefit of the nonresponsible party's
lenders, signatories, parents, subsidiaries, and successors. A voluntary
cleanup contract executed on behalf of a nonresponsible party does not
inure to the benefit of a responsible party.
(7) The voluntary cleanup contract may provide the
nonresponsible party protection from claims for contribution under
CERCLA Section 113, 42 U.S.C. Section 9613 and Section 44-56-200,
et seq. of the 1976 Code regarding environmental conditions at the site
before the signing of the contract. This protection may be granted at
the conclusion of the period allowed for comment from the site's
potentially responsible parties as identified through a reasonable search.
(C)(1) Upon completion of the contract, the nonresponsible party
must submit a request to the department for a certificate of completion.
If the department determines that a nonresponsible party has
successfully and completely complied with the contract and has
completed the voluntary cleanup approved under this article, the
department shall certify that the action has been completed by issuing
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the party a certificate of completion. The certificate of completion
shall:
(a) provide the department's covenant not to sue the
nonresponsible party for state CERCLA liability, except for releases
and consequences that the nonresponsible party causes. This liability
protection must not be granted or must be revoked if a contract or letter
of completion is acquired by fraud, misrepresentation, knowing failure
to disclose material information, or failure to satisfactorily complete the
approved work plan;
(b) indicate the proposed future land use and if a restrictive
covenant is required, include a copy of the restrictive covenant to be
entered into between the department and the nonresponsible party and
record the restrictive covenant with the Register of Deeds or Mesne
Conveyances in the appropriate county. A restrictive covenant
remains in effect until a complete remediation is accomplished for
unrestricted use; and
(c) include a legal description of the property and the name of
the property's owner.
(2) If the department determines that the nonresponsible party
has not completed the contract satisfactorily, the department shall
notify in writing the nonresponsible party and the current owner of the
site, if different from the nonresponsible party who signed the contract,
that the contract has not been satisfied and shall identify any
deficiencies.
(3) The state CERCLA liability protection is revoked if for a
party or successor who changes the land use from the use specified in
the certificate of completion to one which requires a more
comprehensive cleanup.
(D) The department shall charge for and retain all monies collected
as oversight costs. The South Carolina Hazardous Waste Contingency
Fund must be reimbursed for any funds expended from the fund
pursuant to Section 44-56-200.
(E)(1) Upon signature of a voluntary cleanup contract by a
nonresponsible party, the department shall provide notice and
opportunity for public participation. Notification of the proposed
contract must be placed in a newspaper in general circulation within
the affected community. A comment period must be provided for thirty
days from the date of newspaper publication. The public notice period
must precede the department's scheduled date for execution of the
contract. A public meeting must be conducted upon request to the
department's Bureau of Land and Waste Management by twelve
residents of South Carolina or an organization representing twelve or
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more residents of South Carolina. Under any other circumstances, a
public meeting may be conducted at the department's discretion.
(2) Beginning with the thirty-day notice period and continuing
through completion of the terms of the contract, the nonresponsible
party must post a sign, in clear view from the main entrance to the site,
stating the name, address, and telephone number of a contact person for
information describing the site's response actions and reuse.
(F)(1) The department or nonresponsible party may terminate a
voluntary cleanup contract by giving thirty days' advance written
notice to the other. The department may not terminate the contract
without cause.
(2) The state CERCLA liability protection and contribution
protection must be revoked for a party, or its successors, for conducting
activities at the site that are inconsistent with the terms and conditions
of the voluntary cleanup contract.
(3) If, after receiving notice that costs are due and owing, the
nonresponsible party does not pay to the department oversight costs
associated with the voluntary cleanup contract in a timely manner, the
department may bring an action to recover the amount owed and all
costs incurred by the department in bringing the action including, but
not limited to, attorney's fees, department personnel costs, witness
costs, court costs, and deposition costs.
(4) Termination of the contract does not affect any right the
department has under any law to require additional response actions or
recover costs.
(G) The department's decision to enter or not to enter into a contract
is final and is not a contested case within the meaning of the South
Carolina Administrative Procedures Act, Section 1-23-10, et seq.
Section 44-56-760. Beginning in the year 2010, the department
shall review the voluntary cleanup program established pursuant to this
article and report to the General Assembly on the activities of the
program and, where applicable, make recommendations for any needed
changes or improvements."
Owner defined
SECTION 3. Section 44-56-200 of the 1976 Code, as last amended by
Act 267 of 1992, is further amended to read:
"Section 44-56-200. (A) The Department of Health and
Environmental Control is empowered to implement and enforce the
Comprehensive Environmental Response, Compensation and Liability
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Act of 1980 (Public Law 96-510), and subsequent amendments to
Public Law 96-510 as of the effective date of the amendments.
(B)(1) Subject to the provisions of Section 107 of Public Law
96-510 and its subsequent amendments which pursuant to this section
are incorporated and adopted as the law of this State, the department is
empowered to recover on behalf of the State all response costs
expended from the Hazardous Waste Contingency Fund or from other
sources, including specifically punitive damages in an amount at least
equal to and not more than three times the amount of costs incurred by
the State whether before or after the enactment of the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, and
its subsequent amendments.
(2) For purposes of this section, 'owner' does not include:
(a) a unit of state or local government which acquired
ownership or control involuntarily through bankruptcy, tax
delinquency, abandonment, or other circumstances in which the
government involuntarily acquires title by virtue of its function as
sovereign, including acquisitions made by a forfeited land commission
pursuant to Chapter 59, Title 12. The exclusion provided under this
paragraph shall not apply to any state or local government which
voluntarily acquires a facility or has caused or contributed to the release
or threatened release of a hazardous substance from the facility, and
such a state or local government shall be subject to the provisions of
this chapter in the same manner and to the same extent, both
procedurally and substantively, as any nongovernmental entity.
(b) a person otherwise liable who can establish by a
preponderance of the evidence that the release or threat of release of a
hazardous substance and the damages resulting therefrom were caused
solely by:
(i) an act of God;
(ii) an act of war;
(iii) an act or omission of a third party other than an
employee or agent of the defendant, or than one whose act or omission
occurs in connection with a contractual relationship, existing directly or
indirectly, with the defendant (except where the sole contractual
arrangement arises from a published tariff and acceptance for carriage
by a common carrier by rail), if the defendant establishes by a
preponderance of the evidence that (A) he exercised due care with
respect to the hazardous substance concerned, taking into consideration
the characteristics of such hazardous substance, in light of all relevant
facts and circumstances, and (B) he took precautions against
foreseeable acts or omissions of any such third party and the
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consequences that could foreseeably result from such acts or
omissions."
Time effective
SECTION 4. This act takes effect upon approval by the Governor.
Ratified the 26th day of April, 2000.
Approved the 1st day of May, 2000.
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INFORMATION & CERTIFICATION
To enter into a Voluntary Cleanup Contract with the South Carolina Department of Health and Environmental
Control (Department), a Non-Responsible Party (NRP) shall provide the following:
1. A statement certifying what benefit(s) that the purchase and response action will give to the State, the
community, and/or the Department. Demonstrate the manner in which the actions of the party will
provide the following:
Substantially reduce the risk posed by the Site.
Compensate the Department for past remediation/removal activity costs.
Conduct or pay for necessary future remediation/removal activities.
Create or retain jobs.
Create conservation or recreation areas.
Provide community services (improved public transportation, infrastructure, etc.).
Other applicable benefits.
2. A statement certifying that the party is not a responsible party [as defined under CERCI-A § 107(a)
and S.C. Code Ann. § 44-56-720(8)] at the Site, nor is it a parent, successor or subsidiary of a
responsible party at the Site. Also state whether there is a viable responsible party who can perform
the necessary response actions at the Site. Please provide a listing of the previous owners and
operators of the property. This listing should include addresses and contact persons if available.
3. A statement certifying that continued operation of the facility or new property development, with
exercise of due care, will not aggravate or contribute to the existing contamination or interfere with
any future response action, nor will it pose health risks to either the community or those persons
likely to be present at or near the Site.
4. A statement that ensures the financial viability of the party to meet the obligations in the Contract.
This financial viability may be demonstrated by a letter from the NRP's financial institution stating that
the NRP is financially able to pay for its obligations.
5. A statement describing the redevelopment plans and intended future use of the property, especially
those that could contribute to the release of any contaminant(s).
6. A statement describing the environmental response actions (proposed Scope of Work) based on
review of all environmental data pertaining to the property. Copies of all available environmental data
pertaining to the property, excluding information contained in the Department's files, shall be
provided.
7. A legal description of the property.
8. The name, address and telephone number of the party and its contact person for matters related to
this property.
Please send a signed letter containing the above information to Gail Rawls Jeter (803-896-4069) at the
following address:
South Carolina Department of Health and Environmental Control
Bureau of Land and Waste Management
2600 Bull Street
Columbia, SC 29201
***The information you provide will act as a Certification of your intentions at the property and all or part of
the certification may be incorporated into the Contract when it is executed. Failure to furnish accurate and
complete information may nullify any Contract entered into on the basis of your answers. The Voluntary
Cleanup Contract becomes null and void if the non-responsible party submits information that is false,
incomplete, or inconsistent with the intent of the Contract.
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VOLUNTARY CLEANUP CONTRACT
04-[PCAS#]-NRP
IN THE MATTER OF
[SITE NAME], [COUNTY]
and
[COMPANY]
This Contract is entered into by the South Carolina Department of Health and
Environmental Control and [Company name], pursuant to the BrownfieldsA/oluntary
Cleanup Program, S.C. Code Ann. § 44-56-710, et seq. (2002), the Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C §§ 9601, et
seq., and the South Carolina Hazardous Waste Management Act (HWMA), S.C. Code Ann.
§ 44-56-200, with respect to the property located at [location], South Carolina. [Site
Name/The property] includes [Number of acres] acres and is bounded generally by
[Location and description of the property]. The terms and conditions of this Contract shall
be consistent with the ["Information and Certification" (submitted [date] by [the Company]),
which is incorporated into this Contract and attached as Appendix A. [A map of the
property may be attached to the Contract if deemed necessary.]
1. Unless otherwise expressly provided, terms used in this Contract shall have the
meaning assigned to them in CERCLA, including any amendments, or in the regulations
promulgated thereunder.
A. "[Abbreviated company name]" shall mean [Official company name],
B. "Bona Fide Prospective Purchaser" shall mean a person, or a tenant
of that person, who acquires ownership of a facility after the date of
enactment of the Brownfields Amendments (January 11, 2002), and
by a preponderance of the evidence establishes the following:
a. Disposal at the facility occurred prior to acquisition;
b. The person made all appropriate inquiry into previous
ownership and uses of the facility in accordance with
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generally accepted practices and in accordance with the
new standards contained in CERCLA Section
101(35)(B);
c. The person provides all legally required notices with
respect to the hazardous substances found at the
facility;
d. The person exercises "appropriate care" with respect to
the hazardous substances found at the facility by taking
"reasonable steps" to:
i. Stop any continuing releases;
ii. Prevent any threatened future release;
and
iii. Prevent or limit human, environmental or
natural resource exposure to any
previously released hazardous substance;
e. The person provides full cooperation and access to the
facility to those authorized to conduct response actions;
f. The person is in compliance with any land use
restrictions and does not impede the effectiveness or
integrity of any institutional control;
g. The person complies with any information request or
administrative subpoena under CERCLA; and
h. The person is not potentially liable for response costs at
the facility or "affiliated" with any such person through:
i. Direct or indirect familial relationship, or
ii. Any contractual, corporate or financial
relationship (excluding relationships
created by instruments conveying or
financing title or by contracts for sale of
goods and services).
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C. "Contract" shall mean this Voluntary Cleanup Contract.
D. "Department" shall mean the South Carolina Department of Health
and Environmental Control.
E. "Existing Contamination" shall mean any hazardous substances,
pollutants or contaminants (as defined herein), present or existing on
or under the Site as of the execution date of this Contract.
F. "Hazardous Substance" means (A) any substance designated
pursuant to section 311(b)(2)(A) of the Federal Water Pollution
Control Act [33 U.S.C. 1321(b)(2)(A)], (B) any element, compound,
mixture, solution, or substance designated pursuant to section 9602 of
this title, (C) any hazardous waste having the characteristics identified
under or listed pursuant to section 3001 of the Solid Waste Disposal
Act [42 U.S.C. 6921] (but not including any waste the regulation of
which under the Solid Waste Disposal Act [42 U.S.C. 6901 et seq.]
has been suspended by Act of Congress), (D) any toxic pollutant
listed under section 307(a) of the Federal Water Pollution Control Act
[33 U.S.C. 1317(a)], (E) any hazardous air pollutant listed under
section 112 of the Clean Air Act [42 U.S.C. 7412], and (F) any
imminently hazardous chemical substance or mixture with respect to
which the Administrator has taken action pursuant to section 7 of the
Toxic Substances Control Act [15 U.S.C. 2606], The term does not
include petroleum, including crude oil or any fraction thereof which is
not otherwise specifically listed or designated as a hazardous
substance under subparagraphs (A) through (F) of this paragraph,
and the term does not include natural gas, natural gas liquids,
liquefied natural gas, or synthetic gas usable for fuel (or mixtures of
natural gas and such synthetic gas).
G. "Non-Responsible Party" shall mean any party which is neither:
a. A responsible party at the time the voluntary cleanup
contract is signed, nor
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b. A parent, subsidiary of, or successor to a responsible
party. Non-Responsible Parties may include lenders,
economic development agencies, fiduciaries, trustees,
executors, administrators, custodians, and subsequent
holders of a security interest.
c. "Oversight Costs" shall mean those costs, both direct
and indirect, incurred by the Department in
implementing the Voluntary Cleanup Program as related
to this Contract and any future amendments thereto.
H. "Pollutant or Contaminant" includes, but is not limited to, any element,
substance, compound, or mixture, including disease-causing agents,
which after release into the environment and upon exposure,
ingestion, inhalation, or assimilation into any organism, either directly
from the environment or indirectly by ingestion through food chains,
will or may reasonably be anticipated to cause death, disease,
behavioral abnormalities, cancer, genetic mutation, physiological
malfunctions, including malfunctions in reproduction, or physical
deformations, in organisms or their offspring; "contaminant" does not
include petroleum, including crude oil or any fraction of crude oil,
which is not otherwise specifically listed or designated as a hazardous
substance under subparagraphs (A) through (F) of paragraph (14) of
CERCLA, Section 101, 42 U.S.C. Section 9601, et seq. and does not
include natural gas, liquefied natural gas, or synthetic gas of pipeline
quality or mixtures of natural gas and such synthetic gas.
I. "Property" shall mean the vacant (number of acres) acres identified on
Tax Map (tax map number) of the Site that is subject to ownership,
prospective ownership, or possessory or contractual interest of a
Responsible Party or a Non-Responsible Party.
J. "Response Action" shall mean any assessment, cleanup, inspection,
or closure of a site as necessary to remedy actual or potential damage
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to public health, public welfare, or the environment.
K. "Responsible Party" shall mean:
a. The owner and operator of a vessel, as defined in
CERCLA Section 101 (28), or a facility;
b. Any person who, at the time of disposal of any
hazardous substance, owned or operated any facility at
which such hazardous substances were disposed of;
c. Any person who, by contract, settlement, or otherwise,
arranged for disposal or treatment or arranged with a
transporter for transport for disposal or treatment of
hazardous substances owned or possessed by such
person, by any other party or entity, at any facility or
incineration vessel owned or operated by such a party
or entity and containing such hazardous substances;
and/or
d. Any person who accepts or accepted any hazardous
substances for transport to disposal or treatment
facilities, incineration vessels, as defined in CERCLA
Section 101 (38), or sites selected by such person from
which there is a release, or a threatened release that
causes the incurrence of response costs, of a
hazardous substance.
L. "The Site" shall mean the facility located at (site address), South
Carolina, and all areas where a contaminant has been released,
deposited, stored, disposed of, placed, or otherwise comes to be
located; "Site" does not include any consumer product in consumer
use or any vessel, as defined in CERCLA Section 101 (28).
M. "Voluntary Cleanup" shall mean a response action taken under and in
compliance with the BrownfieldsA/oluntary Cleanup Program, S.C.
Code Ann. § 44-56-710, et sea. (2002).
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N. "Work Plan" shall mean the plan for additional response actions to be
conducted at the Property as described in Paragraph 5 of this
Contract.
2. Based on the information known by and/or provided to the Department, the following
findings are asserted for purposes of this Contract:
A. [Various details of the Site/property: owner, operator, past
assessment/remedial activities.]
B. [Proposed future use of the property.]
3. The terms and conditions of this Contract apply to and shall inure to the benefit of
each signatory and its Non-Responsible Party lenders, parents, subsidiaries, successors
and assigns, and upon any successor agency of the State of South Carolina that may have
responsibility for and jurisdiction over the subject matter of this Contract.
4. [The Company] is a [state of company's location] ["business corporation," etc. -
modify according to party] with its principal place of business located at [address of
headquarters], [The Company] is a Non-Responsible Party at the Site; it is not a parent,
successor, or subsidiary of a Responsible Party at the Site; and it certifies that it is eligible
to be a Bona Fide Prospective Purchaser for the Property. [The Company] has had no
previous involvement with the Site, including but not limited to any such activities that may
have resulted in any Existing Contamination at the Site.
5. [The Company] agrees to submit to the Department for review and written approval
within thirty (30) days of the execution date of this Contract a Work Plan for the Property
that is consistent with the technical intent of the National Contingency Plan. The Work Plan
and all associated reports shall be prepared in accordance with industry standards and
endorsed by a Professional Engineer (P.E.) and/or Professional Geologist (P.G.) duly-
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licensed in South Carolina and shall set forth methods and schedules for accomplishing the
following tasks:
A. [Various response actions that need to be performed before and after
business operations commence on the property.]
B. Should the results of assessment activities (as described above)
indicate that hazardous substances exist in soil on the Property in
excess of appropriate risk-based standards or appropriate standards
for migration to groundwater, [the Company] agrees to take
reasonable steps, approved by the Department, to address the soil
contamination in a manner that is protective of human health and the
environment.
6. The Work Plan shall include the names, addresses, and telephone numbers of the
consulting firm, the South Carolina certified analytical laboratory, and [the Company]'s
contact person for matters relating to this Contract. [The Company] will notify the
Department in writing of changes in the contractor or laboratory. Attached to the Work Plan
but under separate cover shall also be a Health and Safety Plan that is consistent with
Occupational Safety and Health Administration regulations. The Department will review the
Work Plan and will notify [the Company] in writing of any deficiencies in the Work Plan, and
[the Company] shall respond in writing within thirty (30) days to the Department's
comments.
7. Within [XX number of days] of [Work Plan approval or the execution date of this
Contract] and once a month thereafter, [the Company] shall submit to the Department's
project manager a written progress report that must include the following: (a) actions taken
under this Contract during the previous reporting period; (b) actions scheduled to be taken
in the next reporting period; (c) sampling, test results, and any other data, in summary form,
generated during the previous reporting period, whether generated pursuant to this
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Contract or not; and (d) a description of any environmental problems experienced during
the previous reporting period and the actions taken to resolve them.
8. As provided for by S.C. Code Ann. §44-56-200 and S.C. Code Ann. §44-56-750 (D)
(2002), [the Company] shall, on a quarterly basis, reimburse the Department for oversight
costs of activities required under this Contract. Oversight costs include but are not limited
to the direct and indirect costs of negotiating the terms of this Contract, reviewing Work
Plans and reports, supervising corresponding work, and public participation. Payments will
be due within thirty (30) days of receipt of the Department's invoice.
9. [Two (2) years] after the execution date of this Contract, [the Company] shall provide
the Department with the following information concerning the new operation at the Property:
the number of jobs created; the amount of increase to the tax base; the amount of soil
removed or remediated, if necessary; cost of all environmental work; total investment in the
site; and any other information that demonstrates that the activities performed pursuant to
this Contract have been beneficial to the State, the community, and the Department.
10. Subject to the provisions of Paragraph 18 of this Contract, nothing in this Contract is
intended to be, or shall be construed as, a release or covenant not to sue for any claim or
cause of action, administrative or judicial, civil or criminal, past or future, in law or equity,
that the Department may have against any person, firm, corporation, potentially responsible
party, or other entity not a signatory of this Contract.
11. Nothing in this Contract is intended to limit the right of the Department to undertake
future response actions at the Site or to seek to compel parties other than [the Company] to
perform or pay for response actions at the Site. Nothing in this Contract shall in any way
restrict or limit the nature or scope of response actions that may be taken or be required by
the Department in exercising its authority under State and Federal law. [The Company]
acknowledges that it is acquiring property where response actions may be required.
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12. Upon written notification to the Department, the rights and obligations of this
Contract shall be assignable to a new purchaser, lessee, parent, subsidiary, or successor,
but only to the extent that the new purchaser, lessee, parent, subsidiary, or successor has
never been a Responsible Party at the Site.
13. The Department, its authorized officers, employees, representatives, and all other
persons performing response actions will not be denied access to the Property during
normal business hours or at any time work under this Contract is being performed or during
any environmental emergency or imminent threat situation, as determined by the
Department (or as allowed by applicable law). [The Company] shall ensure that a copy of
this Contract is provided to any current lessee or sublessee on the Property as of the
execution date of this Contract. [The Company] shall also ensure that any subsequent
leases, subleases, assignments or transfers of the Property occurring during [the
Company]'s ownership of the Property are consistent with this Paragraph.
14. [The Company] shall preserve all drums, bottles, labels, business and operating
records, contracts, Site studies, investigations, and other physical or written materials
relating to the Site that may provide environmental information, evidence of a Potentially
Responsible Party's involvement at the Site, or may lead to the discovery of other areas of
contamination at the Site. Prior to destruction of any such items, [the Company] shall notify
the Department of their location and provide the Department with an opportunity to inspect
any materials or copy any documents at the Department's expense.
15. [The Company] shall inform the Department at least five (5) working days in advance
of all field activities pursuant to this Contract and shall allow the Department and its
authorized representatives, if so desired, to take duplicates of any samples collected by
[the Company] pursuant to this Contract.
16. The Department and [the Company] recognize that public participation is an
important component of the Voluntary Cleanup Contract in order to further public
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acceptance of the project. The Department and [the Company] will undertake necessary
steps to foster opportunities for the public to be aware of the project. Specific functions of
each signatory party to the Contract are as follows:
A. The Department will seek public comment in accordance with S.C. Code
Ann. § 44-56-750 (2002) as outlined below:
a. Upon signature of this Contract by [the Company], the Department will
provide notice for public participation by placing announcements
describing the proposed Contract in newspaper(s) of general
circulation within the affected community. A thirty-day period following
the publication date of the announcement(s) will be provided for public
comment and will precede the Department's scheduled date for
execution of the Contract.
b. The Department may publicize the proposed Contract by any other
means including, but not limited to, electronic mail, news releases,
community flyers, and door-to-door canvassing. Such actions may be
done solely at the Department's discretion.
c. A public informational meeting will be held if requested by twelve
residents of South Carolina or an organization representing twelve or
more residents of South Carolina. At the Department's discretion,
public informational meetings may be held in the nearby communities
for any other reason prior to the Department executing the contract. A
public meeting may be requested at any time during the thirty-day
comment period. In the event that a public meeting is deemed
necessary, the Department will provide at least two weeks advance
notice of the meeting to the public and will extend the public comment
period at least through the end of the day following the public meeting.
The Department will not execute the contract during any public
comment period. In addition, the Department may, at its discretion,
conduct public meetings to inform the community about the site at any
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time after the contract is executed until the certificate of completion is
issued.
B. [the Company] agrees to enhance the public knowledge of the site response
activities by:
a. Erecting a sign(s) at each entrance onto the reference property from
any public road, thoroughfare, navigable waterway, or other location
routinely accessible by the public. The sign(s) shall be erected not
later than one day after publication of any public announcement about
the site placed by the Department in any newspaper of general
circulation in the community.
b. The sign will state "Voluntary Cleanup Project by [the Company] under
Voluntary Cleanup Contract (VCC number) with the South Carolina
Department of Health and Environmental Control." The sign shall
provide a brief description of the scope of activities under the NRP
contract and contact information for a representative of [the Company]
and the Department. All required lettering on the sign must be of
sufficient size to be legible with un-aided normal eyesight from the
point where the public will normally pass by the site without intruding
onto the subject property.
c. Within 10 days after erecting the sign, [the Company] shall furnish to
the Department photographs of the sign along with a site location
drawing showing the sign location(s). Photograph(s) of the sign(s)
shall be taken from no closer than the edge of the publicly-accessible
road, waterway, etc. and should include an appropriately sized scale
reference so that Department may determine the size of the sign and
effectiveness of the lettering, [the Company] agrees to revise the
sign if the Department determines the sign is not legible.
d. [the Company] must maintain the sign(s) in legible conditions and
visible locations throughout the duration of the contract period until a
certificate of completion is issued on the site.
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e. In the event that any sign must be removed to accommodate building
or grading activities, [the Company] shall replace the sign within two
days. If the sign cannot be restored to the original location, [the
Company] may relocate it to another location meeting the conditions
specified above.
C. All costs incurred by the Department for public participation [e.g., public
notice(s), building and equipment rental(s) for public meetings, etc.] will be
paid by [the Company],
17. The Department and [the Company] agree that the following are entitled to
protection from contribution claims as provided by CERCLA § 113(f)(2), 42 U.S.C.
§§ 9613(f)(2); S.C. Code Ann. § 44-56-200 and S.C. Code Ann. § 44-56-750 (2002): [the
Company], its Non-Responsible Party lenders, parents, subsidiaries, successors, and
assigns. A thirty (30) day comment period for contribution protection commences upon
notice of this Contract to Responsible Parties at the Site as identified by the Department
through a reasonable search effort.
18. The Department and [the Company] agree that the following are entitled to
protection from third-party claims for equitable relief or damages relating to "existing
contamination" at the Site, as provided by S.C. Code Ann. § 44-56-750 (2005): [the
Company], its Non-Responsible Party lenders, signatories, parents, subsidiaries and
successors. This limitation on liability does not apply to any contamination caused by [the
Company] or its lenders, signatories, parents, subsidiaries, or successors. Furthermore,
this limitation of liability is effective on the date this contract is executed by the Department,
but will be automatically withdrawn if this contract is lawfully terminated by either party.
19. Upon successful completion of the terms of this Contract as referenced in Paragraph
5 above, [the Company] shall submit to the Department a written notice of completion [OR
modify in the case of long-term monitoring, etc. to give protection earlier]. Once the
Department acknowledges satisfactory completion of the Contract terms, the Department,
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under its authority to enforce CERCLA, 42 U.S.C. §§ 9601, et seq., pursuant to the HWMA,
S.C. Code Ann. § 44-56-200, will give [the Company] a Certificate of Completion that
provides a covenant not to sue [the Company], its Non-Responsible Party lenders, parents,
subsidiaries, successors, and assigns for Existing Contamination, except for releases and
consequences that [the Company] causes. In consideration of this liability protection from
the Department, [the Company] agrees not to assert any claims or causes of action against
the Department arising out of activities undertaken at the Site or to seek other costs,
damages, or attorney's fees from the Department arising out of activities undertaken at the
Site, except for those claims or causes of action resulting from the Department's intentional
or grossly negligent acts or omissions.
20. If hazardous substances in excess of residential standards exist at the Property after
[the Company] has completed the actions required under this Contract, land use
restrictions shall be defined in the Certificate of Completion and the Department shall enter
into a restrictive covenant with [the Company], Upon the Department's approval of the
items outlined therein, the restrictive covenant shall be signed by the Department and
representatives of [the Company] and witnessed, signed, and sealed by a notary public.
[The Company] shall file this restrictive covenant with the Register of Mesne Conveyance
or Deeds in [XXXX] County. The signed covenant shall be incorporated into this contract
as an Appendix. With the approval of the Department, the restrictive covenant may be
modified in the future if: (a) additional remedial activities are carried out which meet
appropriate clean up standards at that time; (b) a significant change in law requiring
remediation occurs; or (c) circumstances change such that the restrictive covenant would
no longer be applicable.
21. [The Company] specifically denies any responsibility for response costs or damages
resulting from Existing Contamination and does not, by signing this Contract, waive any
rights that it may have to assert any claims in law or equity against any other person,
company, or entity with respect to the Site. However, [the Company] is responsible and
liable for any and all contamination it causes or contributes to the Site. Should
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environmental contamination neither previously-identified nor identified during the
performance of response actions required under this Contract be discovered at the Site
after the execution date of the Certificate of Completion, the burden is on [the Company] to
demonstrate to the Department's satisfaction that the contamination was not caused by [the
Company],
22. [The Company] and the Department each reserve the right to unilaterally terminate
this Contract. Termination may be accomplished by giving a thirty (30) day advance written
notice of the election to terminate this Contract to the other party. Should [the Company]
elect to terminate, it must submit to the Department all data generated pursuant to this
Contract, and certify to the Department's satisfaction that no environmental or physical
hazards exist at the Site as a result of [the Company]'s actions. The Department may
terminate this Contract only for cause, which may include but is not limited to the following:
(a) events or circumstances at the Property that are inconsistent with the terms and
conditions of this Contract; (b) failure to complete the terms of this Contract; or (c)
additional contamination of the Site caused by [the Company],
23. If [the Company] provides the Department with false or incomplete information, or if
[the Company]'s business activities on the Property or use of the Property change such that
they are inconsistent with the terms and conditions of this Contract, then the
releases/contribution protection extended to [the Company], its Non-Responsible Party
lenders, parents, subsidiaries, successors, and assigns, shall become null and void.
24. [The Company] acknowledges that the Department will not grant or will revoke
liability protection if [the Company] acquires the Contract or a Certificate of Completion by
fraud, misrepresentation, knowing failure to disclose material information, or failure to
satisfactorily complete the [approved Work Plan or terms of this Contract],
25. All correspondence which may or are required or permitted to be given by either
party to the other hereunder shall be in writing and deemed sufficiently given if delivered by
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(i) regular U.S. mail, (ii) certified or registered mail, postage prepaid, return receipt
requested, (iii) by nationally recognized overnight delivery service company or (iv) by
telephone facsimile addressed to the other party at the address shown below or at such
place or to such agent as the parties may from time to time designate in writing.
The Department (including five (5) copies of all work plans and reports):
(Project Manager)
Bureau of Land and Waste Management
2600 Bull Street
Columbia, South Carolina 29201
[The Company] (contact information
Any notice given hereunder shall be deemed delivered when, if sent by mail, the
return receipt is signed or refusal to accept the notice is noted thereon or, if sent by
recognized overnight courier when the notice is actually delivered or refused as reflected in
the courier company's delivery records or if sent via facsimile upon receipt of confirmation
by the sender that the facsimile has been received.
THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL
CONTROL
BY: DATE:
Robert W. King, Jr., P.E. Columbia, South Carolina
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Deputy Commissioner
Environmental Quality Control
DATE:
Patrick T. (Pat) Walker, Chief
Bureau of Land and Waste Management
DATE:
Approved by Legal Office
16
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[COMPANY NAME]
DATE:
Signature
DATE:
Printed Name and Title
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APPENDIX A
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Search the Code of Laws
of South Carolina
(Unannotated)
Disclaimer
This statutory database is current through the 2004 Regular Session of the South Carolina General Assembly. Changes to the statutes enacted by the 2005 General As
convene in January 2005, will be incorporated as soon as possible. Some changes enacted by the 2005 General Assembly may take immediate effect. The State of Soi
South Carolina Legislative Council make no warranty as to the accuracy of the data, and users rely on the data entirely at their own risk.
Brownfields found 1 time. 0
Legislative Printing, Information and Technology Systems
Code of Laws of South Carolina
(Unannotated)
Current through December 2004
TITLE 44. HEALTH
CHAPTER 56. SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT
ARTICLE 1. GENERAL PROVISIONS
SECTION 44-56-10. Short title. [SC ST SEC 44-56-10]
This chapter shall be cited as the "South Carolina Hazardous Waste Management Act".
SECTION 44-56-20. Definitions. [SC ST SEC 44-56-20]
Definitions as used in this chapter:
(1) "Board" means the South Carolina Board of Health and Environmental Control which is charged wi
responsibility for implementation of the Hazardous Waste Management Act.
(2) "Director" means the director of the department or his authorized agent.
(3) "Department" means the Department of Health and Environmental Control, including personnel thei
authorized by the board to act on behalf of the department or board.
(4) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any haz
waste into or on any land or water so that such substance or any constituent thereof may enter the envin
be emitted into the air or discharged into any waters, including groundwater.
(5) "Generation" means the act or process of producing waste materials.
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(6) "Hazardous waste" means any waste, or combination of wastes, of a solid, liquid, contained gaseous
semisolid form which because of its quantity, concentration, or physical, chemical, or infectious characl
in the judgment of the department:
a. cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or
incapacitating reversible illness; or
b. pose a substantial present or potential hazard to human health or the environment when improperly tr
stored, transported, or disposed of, or otherwise managed. Such wastes may include, but are not limited
which are toxic, corrosive, flammable, irritants, strong sensitizers, persistent in nature, assimilated, or c<
in tissue, or which generate pressure through decomposition, heat, or other means. The term does not in
or dissolved materials in domestic sewage, or solid dissolved materials in irrigation return flows, or indi
discharges which are point sources subject to NPDES permits under the Federal Water Pollution Contrc
Pollution Control Act of South Carolina or source, special nuclear, or byproduct material as defined by
Energy Act of 1954.
(7) "Hazardous waste management" means the systematic control of the collection, source separation, si
transportation, processing, treatment, recovery, and disposal of hazardous wastes.
(8) "Manifest" means the form used for identifying the quantity, composition, or origin, routing, and de:
hazardous waste during its transportation from the point of generation to the point of disposal, treatmen
(9) "Permit" means the process by which the department can ensure cognizance of, as well as control o\
management of hazardous wastes.
(10) "Storage" means the actual or intended containment of wastes, either on a temporary basis or for a
years, in such manner as not to constitute disposal of such hazardous wastes.
(11) "Transport" means the movement of hazardous wastes from the point of generation to any intermec
and finally to the point of ultimate treatment, storage or disposal.
(12) "Treatment" means any method, technique, or process, including neutralization, designed to changi
physical, chemical, or biological character or composition of any hazardous waste, so as to neutralize si
so as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable for storai
in volume, or suitable for final disposal.
(13) "Uncontrolled hazardous waste site" means any site where hazardous wastes or other hazardous sul
have been released, abandoned, or otherwise improperly managed so that governmental response action
necessary to remedy actual or potential damages to public health, the public welfare, or the environmen
For the purpose of this item the term "hazardous waste" does not include petroleum, including crude oil
thereof; natural gas; natural gas liquids; liquified natural gas; synthetic gas usable for fuel; or mixtures c
gas and such synthetic gas.
(14) "Response action" is any cleanup, containment, inspection, or closure of a site ordered by the direc
necessary to remedy actual or potential damages to public health, the public welfare, or the environmen
SECTION 44-56-30. Promulgation of rules and regulations. [SC ST SEC 44-56-30]
The board shall promulgate such regulations, procedures or standards as may be necessary to protect th<
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safety of the public, the health of living organisms and the environment from the effects of improper, in
unsound management of hazardous wastes. Such regulations may prescribe contingency plans; the crite
determination of whether any waste or combination of wastes is hazardous; the requirements for the issi
permits required by this chapter; standards for the transportation, containerization, and labeling of hazai
consistent with those issued by the United States Department of Transportation; operation and maintena
standards; reporting and record keeping requirements; and other appropriate regulations.
SECTION 44-56-35. Regulations establishing standards for location of hazardous waste treatment, stoi
disposal facilities. [SC ST SEC 44-56-35]
The department shall promulgate regulations establishing standards for the location of hazardous waste
storage, and disposal facilities to more effectively ensure long-term protection of human health and the
environment. These standards shall be based solely upon the protection of human health and the enviroi
The department shall have site suitability criteria promulgated and established no later than June 1, 199<
Upon promulgation of these standards, any new facility shall comply with these standards prior to issua
B permit. For any existing facility, these new standards shall be incorporated and become a condition oi
permit. Failure to meet the site suitability standard regulations shall be deemed to be a failure to meet tb
of the permit.
SECTION 44-56-40. Powers of department. [SC ST SEC 44-56-40]
To carry out the provisions and purposes of this chapter, the department is authorized to:
1. Enter into agreements, contracts, or cooperative arrangements, under such terms and conditions as it i
appropriate, with other state, federal or interstate agencies, municipalities, educational institutions, local
departments, or other organizations or individuals;
2. Receive financial and technical assistance from the federal government and private agencies;
3. Participate in related programs of the federal government, other states, interstate agencies or other pu
private agencies or organizations and collect and file such reports, surveys, inventories, data and inform
may be required by the Federal Resource Conservation and Recovery Act of 1976;
4. Establish and collect fees for collecting samples and conducting laboratory analyses as may be necesi
request of affected persons.
SECTION 44-56-50. Powers of commissioner. [SC ST SEC 44-56-50]
Notwithstanding any other provision of this chapter, the director, upon receipt of information that the st
transportation, treatment, or disposal of any waste may present an imminent and substantial hazard to tb
persons or to the environment, may take such action as he determines to be necessary to protect the heal
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 cust
waste, which constitutes the hazard, to take such steps as are necessary to prevent the act or eliminate tb
which constitutes the hazard. Such action may include, with respect to a facility or site, permanent or te
cessation of operation;
2. Requesting that the Attorney General commence an action enjoining such acts or practices. Upon a si
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tne department tnat a person nas engaged in sucn acts or practices, a permanent or temporary injunction
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
exposure to the hazard; and
4. Requesting the Attorney General to commence an action to recover the costs of the response action fi
parties liable under state or federal law.
SECTION 44-56-59. Findings; conclusions. [SC ST SEC 44-56-59]
(A) The General Assembly finds:
(1) The existing commercial land disposal facility in South Carolina and available capacity in this State
are limited resources;
(2) It is essential that the limited waste treatment and disposal capacity of the existing commercial facili
State in general be preserved, ready and available to ensure that the needs of South Carolina are met firs
(3) The existing commercial land disposal facility as well as other hazardous waste treatment and dispo:
must give preference to hazardous waste generators within the State for treatment and disposal of hazari
materials at licensed facilities in the State;
(4) The General Assembly and the Executive Branch have mandated restrictions on the importation of c
wastes and on the capacity of existing hazardous waste landfills; and
(5) Reducing the amount of hazardous waste shipped to South Carolina commercial facilities will send ;
all states that South Carolina intends to reduce to the greatest extent possible the amount of hazardous v
and disposed of in this State.
(B) Based upon these findings, the General Assembly declares that:
(1) Landfilling is the least desirable method of managing hazardous waste and, in order to reduce potem
human health and the environment, reliance on landfilling must be reduced or eliminated when alternati
methods which are technologically and economically feasible are reasonably available within the State,
regional agreements between states, or through other means; and
(2) As this State reduces its reliance on landfilling through its waste minimization practices and other m
amount of hazardous waste being shipped into this State for landfilling from locations outside of the Stz
reduced and eliminated also.
SECTION 44-56-60. Annual evaluation; permit requirements; disposal limits; preference for in-state gi
waste. [SC ST SEC 44-56-60]
(a)(1) In order to provide the General Assembly with the information it needs to accomplish the above i
Department of Health and Environmental Control shall evaluate annually the effects of new and existin;
management technologies, alternate methods of storage or disposal, recycling, incineration, waste minir
laws and practices, and other factors that tend to reduce the volume of hazardous waste. The results of t
department's evaluation must be reported to the General Assembly not later than February first of each ]
beginning in 1991, in a form that will permit the General Assembly to determine whether or not hazard*
landfill capacity in this State should be reduced.
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(2) No person may construct, substantially alter, or operate a hazardous waste treatment, storage, or disj
or site, nor may a person transport, store, treat, or dispose of hazardous waste without first obtaining a p
the department for the facility, site, or activity. Beginning July 1, 1990, permitted hazardous waste dispi
restricted to a rate of land disposal by burial not to exceed one hundred twenty thousand tons of hazardc
the twelve-month period ending July 1, 1991. On July 1, 1991, permitted hazardous waste disposal sites
restricted to a rate of land disposal by burial not to exceed one hundred ten thousand tons of hazardous1
each twelve-month period thereafter within the permitted area of the site.
(3) During a twelve-month period, the commissioner may allow land disposal by burial in excess of the
upon certification of the department that:
(A) disposal by land burial from a particular site in South Carolina is necessary to protect the health anc
the people of this State; or
(B) at least one hundred ten thousand tons of hazardous waste disposed of by land burial in this State di
twelve-month period was generated in South Carolina.
During each twelve-month period, a person operating a hazardous waste disposal facility or site shall re
least the same capacity to dispose of hazardous waste generated in South Carolina that was disposed of
that facility or site during the previous year excluding capacity that was used to dispose of hazardous w;
pursuant to subitem (A). No more hazardous waste from out of state shall be buried in South Carolina tl
buried in the previous twelve-month period.
Certification must be issued to the party seeking to use land disposal of the waste, and the certification i
presented to the operator of the facility at the time of disposal. The facility shall submit this certificatior
regular report to the department of permitted activity at the disposal site.
(b) Any person who:
1. Owns or operates a facility required to have a permit under this section which facility is in existence i
effective date of this section;
2. Has complied with the requirements of § 44-56-120; and
3. Has made an application for a permit under this section is deemed to have been issued the permit unti
as final administrative disposition of each application is made by the department, unless final administr;
disposition of each application has not been made because of the failure of the applicant to furnish infor
reasonably required or requested in order to process the application.
(c) Before issuance of a permit, the Department shall require:
1. Evidence of liability coverage for sudden and nonsudden accidental occurrences in an amount the De
may determine necessary for the protection of the public health and safety, and the environment;
2. Evidence of financial assurance in the form and amount as the Department may determine to be nece
ensure that, upon abandonment, cessation, or interruption of the operation of a facility or site, all approf
measures are taken to prevent present and future damage to the public health and safety and to the envir
The Department shall assume continuing responsibility for environmental monitoring and for any respo
necessary to ensure the health and safety of the state's citizens for any hazardous waste disposal or treat:
permitted under this chapter when the facilities, sites, or activities close and all responsibilities required
other party by any state or federal law or regulation cease. The Department's responsibility for monitori
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response action is neither a limitation nor a termination of the liability of generators, transporters, or the
of the facility under any provision of law or at common law.
3. Evidence of other financial assurance in such forms and amounts as the department determines to be
ensure the adequate availability of funds for clean-up costs and restoration of environmental impairmen
from the facility.
SECTION 44-56-70. Utilization of approved manifest systems. [SC ST SEC 44-56-70]
All generators, transporters, and operators of hazardous waste storage, treatment, and disposal facilities
a manifest system as prescribed by the department to insure that all such hazardous waste generated is d
for storage, treatment, or disposal in storage, treatment, or disposal facilities, other than facilities on the
where the waste is generated, which have been properly permitted for such purposes.
SECTION 44-56-80. Requirements of department; disclosure of information obtained by department. [
44-56-80]
A. The department shall require:
1. the establishment and maintenance of such records;
2. the making of such reports;
3. the taking of such samples, and the performing of such tests or analyses;
4. the installing, calibrating, using, and maintaining of such monitoring equipment or methods;
5. the providing of such other information; as may be necessary to achieve the purposes of this chapter.
B. Information obtained by the department under this chapter shall be available to the public, unless the
certifies such information as being proprietary. The department may make such certification where any
shows, to the satisfaction of the department, that the information, or parts thereof, if made public, woulc
methods, production rates, processes, or other confidential information entitled to protection. Nothing ii
subsection shall be construed as limiting the disclosure of information by the department to any officer,
or authorized representative of the State concerned with effecting this chapter, providing such person re
proprietary nature of the information.
SECTION 44-56-90. Inspections; obtaining samples. [SC ST SEC 44-56-90]
(a) For the purpose of enforcing this chapter and §§ 44-56-160 through 44-56-190, or any regulations ai
pursuant thereto, any authorized representative or employee of the department may, upon presentation c
appropriate credentials, at any reasonable time:
1. Enter any place where hazardous wastes are generated, stored, treated, or disposed of;
2. Inspect and copy any records, reports, information, or test results relating to the purpose of this chapt
44-56-160 through 44-56-190; and
3. Inspect and obtain samples from any person of any wastes including samples from any vehicles in wl
are being transported, as well as samples of any containers or labels. The Department shall provide a sai
equal volume or weight to the owner, operator or agent in charge upon request. The Department shall al
the owner nneratnr nr aaent in charge, a mnv nf the results nf anv analvses nf snr.h samnles
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(b) For the purpose of implementing necessary governmental response actions as provided in § 44-56-1
Department or its authorized representative may, at any time, enter the premises of any publicly or priv:
property which it has determined to be an uncontrolled hazardous waste site. The owner or operator of s
shall cooperate fully with the department when such governmental response actions are taken.
SECTION 44-56-100. Modification or revocation of orders to prevent violations of chapter. [SC ST SI
100]
The board may issue, modify or revoke any order to prevent any violation of this chapter.
SECTION 44-56-110. Hearings. [SC ST SEC 44-56-110]
The department may hold public hearings and compel the attendance of witnesses; conduct studies, inv(
and research with respect to the operation and maintenance of any hazardous waste treatment or dispose
or sites and issue, deny, revoke, suspend or modify permits under such conditions as it may prescribe fc
operation of hazardous waste treatment or disposal facilities or sites; provided, however, that no permit
revoked without first providing an opportunity for a hearing.
SECTION 44-56-120. Notification of department of identification and activity relating to hazardous w;
SEC 44-56-120]
Not later than ninety days after final promulgation or revision of regulations under § 44-56-30 identifyii
characteristics or listing any substance as hazardous waste subject to this chapter, any person generating
transporting such substance or owning or operating a facility for treatment, storage, or disposal of such
shall file with the department a notification stating the location and general description of such activity
identified or listed hazardous waste handled by such person. Not more than one such notification shall t
to be filed with respect to the same substance. No identified or listed hazardous waste subject to this ch<
transported, treated, stored, or disposed of unless notification has been given as required under this secti
SECTION 44-56-130. Unlawful acts. [SC ST SEC 44-56-130]
After the promulgation of the regulations required under Section 44-56-30:
(1) It shall be unlawful for any person to generate, store, transport, treat, or dispose of hazardous wastes
without reporting such activity to the department as required by such regulations.
(2) It shall be unlawful for any person to generate, store, transport, treat, or dispose of hazardous wastes
without complying with the procedures described in such regulations.
(3) It shall be unlawful for any person to fail to comply with this chapter and rules and regulations proir
pursuant to this chapter; to fail to comply with any permit issued under this chapter; or to fail to comply
order issued by the board, director, or department.
(4) It is unlawful for any person who owns or operates a waste treatment facility within this State to acc
hazardous waste generated in any jurisdiction which prohibits by law the treatment of that hazardous w;
that jurisdiction or which has not entered into an interstate or regional agreement for the safe treatment i
waste pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Ac
documentation demonstrating compliance with this item must be submitted to the department before the
transportation of any hazardous waste into the State for treatment.
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(5) It is unlawful for any person who owns or operates a waste storage facility within this State to accep
hazardous waste generated in any jurisdiction which prohibits by law the storage of that hazardous wast
that jurisdiction or which has not entered into an interstate or regional agreement for the safe storage of
waste pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Ac
documentation demonstrating compliance with this item must be submitted to the department before the
transportation of any hazardous waste into the State for storage.
(6) It is unlawful for any person who owns or operates a waste disposal facility within this State to acce
hazardous waste generated in any jurisdiction which prohibits by law the disposal of that hazardous was
that jurisdiction or which has not entered into an interstate or regional agreement for the safe disposal o:
waste pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Ac
documentation demonstrating compliance with this item must be submitted to the department before the
transportation of any hazardous waste into the State for disposal.
SECTION 44-56-140. Violations; penalties. [SC ST SEC 44-56-140]
A. Whenever the department finds that any person is in violation of any permit, regulation, standard, or
under this Chapter, the department may issue an order requiring such person to comply with such permi
regulation, standard, or requirement, or the department may request that the Attorney General bring civi
injunctive relief in the appropriate court; or, the department may request that the Attorney General brim
enforcement action under subsection B of this section. Violation of any court order issued pursuant to tl
shall be deemed contempt of the issuing court and punishable therefor as provided by law. The departm
also invoke civil penalties as provided in this section for violations of the provisions of this chapter, inc
order, permit, regulation or standard. Any person against whom a civil penalty is invoked by the departi
appeal the decision of the department to the Court of Common Pleas in Richland County.
B. Any person who violates any provision of § 44-56-130 shall be liable for a civil penalty not to exceei
five thousand dollars per day of violation.
C. Any person who willfully violates any provision of § 44-56-130 shall be deemed guilty of a misdem<
upon conviction shall be fined not more than twenty-five thousand dollars per day of violation or impris
not more than one year or both, if the conviction is for a second or subsequent offense; the punishment!
fine not to exceed fifty thousand dollars per day of violation, or imprisonment not to exceed two years,
D. Each day of noncompliance with any order issued pursuant to this chapter, or noncompliance with ai
regulation, standard or requirement pursuant to § 44-56-130 shall constitute a separate offense.
E. The violations referred to in this section shall be reported by the department to the governing body oi
or municipality concerned within twenty-four hours.
SECTION 44-56-160. Hazardous Waste Contingency Fund; disposition of fees collected and earnings
thereon. [SC ST SEC 44-56-160]
(A) The Department of Health and Environmental Control is directed to establish a Hazardous Waste C
Fund to ensure the availability of funds for response actions necessary at permitted hazardous waste lan
necessary from accidents in the transportation of hazardous materials and to defray the costs of governn
response actions at uncontrolled hazardous waste sites. The contingency fund must be financed through
imposition of fees provided in Sections 44-56-170 and 44-56-510 and annual appropriations which mus
provided by the General Assembly.
(B) Of the fees collected pursuant to Section 44-56-170(C), (D), and (E), and credited to the contingenc
rvnrencmt +r\ Q^^+irvn 7^ •
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(1) thirteen percent must be held separate and distinct within the fund in a permitted site fund for the pu
response actions arising from the operation of the permitted land disposal facilities in this State;
(2) sixty-two percent must be held separate and distinct within the fund to defray the costs of governme
response actions at uncontrolled hazardous waste sites and for the purpose of response actions arising fr
accidents occurring within the State in the transportation of hazardous materials;
(3) five percent must be used to fund hazardous waste reduction and minimization activities of the depa
pursuant to Section 44-56-165;
(4) eighteen percent must be remitted to and expended by the Hazardous Waste Management Research
accordance with Section 44-56-810;
(5) two percent must be returned to the governing body of a county in which a permitted commercial lai
facility is located.
(C) From the fees imposed by Section 44-56-170(C) and (E) and credited to permitted sites pursuant to
(B), twenty-seven percent must be held separate and distinct within the fund for the purpose of being re
governing body of a county in which a permitted commercial land disposal facility is located. The fundi
a county pursuant to this subsection or subsection (B) must be used by the local law enforcement, fire, 1
and emergency units to provide protection, assistance, and emergency preparedness for any contingency
might arise from the transportation and disposal site within the county. The county governing body, sha
the funds in an equitable manner to the involved local units including, but not limited to, municipalities
purpose districts, as well as county entities. The State Treasurer shall disburse the funds quarterly to coi
contain commercial hazardous waste land disposal sites.
(D) From the fees imposed by Section 44-56-170(C) and (E) and credited to uncontrolled sites and trans
accidents pursuant to subsection (B), five percent must be returned to and used by the governing body c
of Pinewood to fund the Pinewood Hazardous Waste Contingency Fund as established in Section 44-56
(E) All fees collected pursuant to Section 44-56-170(D) must be credited to the fund for uncontrolled si
transportation accidents.
(F) Of the fees collected pursuant to Section 44-56-510 and credited to the contingency fund pursuant tc
44-56-175:
(1) twenty-six percent must be credited to the fund for permitted sites; and
(2) seventy-four percent must be credited to the fund for uncontrolled sites and transportation accidents.
(G) Any interest accruing from the management of the funds held pursuant to this section must be credi
general fund of the State, except earnings on the permitted site fund which must be credited to that fund
earnings on the Pinewood Hazardous Waste Contingency Fund must be credited to that fund.
SECTION 44-56-163. Pinewood Hazardous Waste Contingency Fund; Pinewood Development Fund.
44-56-163]
(A) There is created a Pinewood Hazardous Waste Contingency Fund to ensure the availability of funds
response actions necessary at the hazardous waste landfill located adjacent to the Town of Pinewood. T
contingency fund is financed pursuant to Section 44-56-160(D). The monies from this fund must be reti
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governing body of the Town of Pinewood which must be used by its law enforcement, fire, health care,
emergency units to provide protection, assistance, and emergency preparedness for any contingency wh
arise from the transportation and disposal site within the municipality. The State Treasurer shall disburs
quarterly to the governing body of the Town of Pinewood. Any interest accruing from the management
held pursuant to Section 44-56-160 or this section must be credited to this contingency fund.
(B) There is created the Pinewood Development Fund in the Office of the State Treasurer. This fund mi
financed through fees provided in Sections 44-56-170 and 44-56-510 and credited to this fund pursuant
44-56-175. This fund must be used for economic development in the Pinewood area in Sumter or Clarei
County within a five-mile radius of the Pinewood Hazardous Waste Landfill. All funds in the Pinewooc
Development Fund, including interest earned on the fund, must be remitted quarterly by the State Treas
City of Pinewood and expended pursuant to this subsection.
SECTION 44-56-164. Pinewood Development Authority; creation; composition; purpose; powers. [SC
44-56-164]
(A) There is created the Pinewood Development Authority a body politic and corporate. The authority s
of these ex officio members:
(1) the chairman of the Sumter County Council or a council member designated by the chairman;
(2) the chairman of the Clarendon County Council or a council member designated by the chairman;
(3) one member of the Sumter County Council who represents the geographical area within which this 1
used for economic development;
(4) one member of the Clarendon County Council who represents the geographical area within which tb
be used for economic development.
(B) The authority shall approve, by a majority vote, the expenditure of funds from the Pinewood Develc
Fund, as created in Section 44-56-164(B) and may acquire and develop real and personal property and t
powers incidental to developing the Pinewood area pursuant to Section 44-56-164(B).
SECTION 44-56-165. Use of fees imposed under Section 44-56-170; hazardous waste reduction and rr
activities; enforcement of bans on certain acts. [SC ST SEC 44-56-165]
The fees imposed under Section 44-56-170(C) and (E), and distributed in accordance with Section 44-5
must be used to fund hazardous waste reduction and minimization activities of the department. Funding
activity is not limited to the amount collected annually and may be supported by general appropriation c
General Assembly. Aqueous wastes which are hazardous only because of pH are exempt from this fee i
generated and treated on site in a permitted wastewater treatment plant. In addition to funding hazardou
reduction and minimization activities, the fees also must be used to enforce the bans set forth in Section
(4), (5), and (6).
SECTION 44-56-170. Hazardous Waste Contingency Fund: reports, fees and administration of fund. [!
44-56-170]
(A) Each generator shall, no later than thirty days after the end of each calendar quarter, submit a writte
the Department including, but not limited to, the following information:
1. Effective October 1, 1985, certification that he has a program in place to reduce the volume or quanti
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LUAi^/iLy vji wasic lvj uic uc^icc ucLciiiiincu uy uic gciiciaivji lvj uc piav^uv^auic,
2. Effective October 1, 1985, certification that the proposed method of treatment, storage, or disposal is
practicable method currently available to the generator which minimizes the present and future threat to
health and the environment;
3. the types and quantities of hazardous wastes generated;
4. the types and quantities of these wastes shipped for treatment and disposal by landfilling or other me:
disposal;
5. the types and quantities of these wastes remaining in storage at the end of the reporting period; and
6. a check made payable to the Department for the amount of fee imposed on these wastes by the provis
paragraph (C.)
(B) Each owner/operator of a hazardous waste facility shall, no later than thirty days after the end of ea(
quarter, submit a written report to the Department including, but not limited to, the following informatic
1. the types and quantities of hazardous wastes generated;
2. the types and quantities of hazardous wastes received at the facility during the reporting period;
3. the types and quantities of hazardous wastes treated, disposed of, and otherwise handled during the rt
period; and
4. a check made payable to the Department for the amount of fees imposed by paragraph (C) for any we
generated by the facility and handled in such manner as prescribed by its provisions; by paragraph (D) c
paragraph (E.)
Each owner/operator of a hazardous waste facility is, no later than thirty days after the end of each calei
required to submit to the Department certification from any out-of-state generator that effective Octobei
(1) The generator has a program in place to reduce the volume or quantity and toxicity of such waste to
determined by the generator to be economically practicable; and
(2) The proposed method of treatment, storage, or disposal is that practicable method currently availabli
generator which minimizes the present and future threat to human health and the environment;
(C) There is imposed a fee of thirty-four dollars a ton of hazardous wastes generated and disposed of in
by landfilling or other means of land disposal.
(D) There is hereby imposed a fee of one dollar per ton of hazardous wastes in excess of fifty tons rema
storage at the end of the reporting period.
(E) For all hazardous wastes generated outside of the State and received at a facility during the quarter t
owner/operator of a hazardous waste land disposal facility shall remit to the department an amount eque
ton fee imposed on out-of-state waste by the state from which the hazardous waste originated but in any
less than thirty-four dollars a ton.
(F)(1) There is imposed a fee of ten dollars a ton on the incineration of hazardous waste in this State wh
waste was generated within or outside of this State. Fees imposed by this subsection must be based on t
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of hazardous waste collected by the facility for incineration and must not include any nonhazardous mai
to the hazardous waste at the incineration facility for purposes of fuel blending. These fees must be coll
facility at which it is incinerated and remitted to the State Treasurer to be placed into a fund separate an
from the state general fund entitled "Hazardous Waste Fund County Account".
(2)(a) This fee must be credited to the benefit of the county where the incineration of the hazardous was
generating the fee occurred. If the amount of funds credited to a particular county exceeds five hundred
dollars annually, the excess over five hundred thousand dollars must be credited to the general fund of t
(b) Effective July 1, 2000, the provisions of subitem (a) are no longer effective and the fee must be allot
following manner: fifty percent to the county where the incineration of the hazardous waste generating 1
occurred and fifty percent to the general fund of the State.
(3) Funds in each county's account must be released by the State Treasurer upon the written request of a
the county's legislative delegation and used for infrastructure within the economically depressed area of
(4)(a) For purposes of this subsection, "county legislative delegation" includes only those members whc
the economically depressed areas of the county.
(b) For purposes of this subsection, "incineration" includes hazardous waste incinerators, boilers, and in
furnaces.
(c) For the purpose of this subsection "infrastructure" means improvements for water, sewer, gas, steam
energy, and communication services made to a building or land which are considered necessary, suitabl
to an eligible project. These improvements include, but are not limited to:
(i) improvements to both public water and sewer systems;
(ii) improvements to public electric, natural gas, and telecommunication systems; and
(iii) fixed transportation facilities including highway, road, rail, water, and air.
SECTION 44-56-175. Crediting of fees imposed pursuant to §§ 44-56-170(C), (E), and (F) and 44-56-:
SEC 44-56-175]
(A) Of the fees imposed pursuant to Section 44-56-170(C) and (E):
(1) eighty-three percent must be credited to the Hazardous Waste Contingency Fund;
(2) two percent must be credited to the Pinewood Development Fund; and
(3) fifteen percent must be credited to the general fund.
(B) Of the fees imposed pursuant to Section 44-56-510:
(1) fifty-three percent must be credited to the Hazardous Waste Contingency Fund;
(2) twenty percent must be credited to the Pinewood Development Fund; and
(3) twenty-seven percent must be credited to the general fund.
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(C) All fees imposed pursuant to Section 44-56-170(F) must be credited to the general fund.
SECTION 44-56-180. Hazardous Waste Contingency Fund: suspension or reduction of fees on accumi
fund. [SC ST SEC 44-56-180]
(a) In determining the use of the fund for a particular governmental response action, the department sha
the relative risk of danger to public health or welfare or the environment and the hazard potential of the
involved including potential for fire, explosions, release of harmful air contaminants, direct human cont
contamination of surface water or groundwater including those used for drinking water supplies, and da
sensitive ecosystems. With approval of the Hazardous Waste Management Select Oversight Committee
established under Section 44-56-840, funds specified for governmental response actions must be availal
department for personnel and operating costs to implement its program for conducting these response a<
department must, concurrent with taking a governmental response action, initiate the appropriate admin
action to exhaust any applicable liability insurance or other financial assurance mechanisms which have
provided by the responsible party and, where appropriate, funds available through P.L. 96-510. Use of t
a response action is not stayed by any action for recovery. The department must initiate any legal action
reasonably may result in recovery from the parties liable for the conditions necessitating the response a(
funds recovered in relation to a response action from whatever source are to be placed in the Fund.
(b) The Department shall annually make a report to the General Assembly on the activities and respons<
that have been carried out under the auspices of the Contingency Fund. The Department shall annually ]
report to the committees of each House with oversight of industry and natural resources on its program
and clean up uncontrolled hazardous waste sites. The appropriate committees shall have the authority tc
transportation and disposal of hazardous waste in South Carolina.
SECTION 44-56-190. Hazardous Waste Contingency Fund: inconsistent regulations to be revised. [SC
44-56-190]
The Department is directed to revise and amend the necessary provisions of R. 61-79 (DHED) which ar
or inconsistent with the provisions of §§ 44-56-160 through 44-56-190.
SECTION 44-56-200. Department of Health and Environmental Control may implement and enforce F
96-510 relating to hazardous waste cleanup; owner defined. [SC ST SEC 44-56-200]
(A) The Department of Health and Environmental Control is empowered to implement and enforce the
Comprehensive Environmental Response, Compensation and Liability Act of 1980 (Public Law 96-510
subsequent amendments to Public Law 96-510 as of the effective date of the amendments.
(B)(1) Subject to the provisions of Section 107 of Public Law 96-510 and its subsequent amendments w
pursuant to this section are incorporated and adopted as the law of this State, the department is empowe
recover on behalf of the State all response costs expended from the Hazardous Waste Contingency Func
other sources, including specifically punitive damages in an amount at least equal to and not more than
the amount of costs incurred by the State whether before or after the enactment of the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, and its subsequent amendments.
(2) For purposes of this section, "owner" does not include:
(a) a unit of state or local government which acquired ownership or control involuntarily through bankr
delinquency, abandonment, or other circumstances in which the government involuntarily acquires title
its function as sovereign, including acquisitions made by a forfeited land commission pursuant to Chapt
12. The exclusion provided under this paragraph shall not apply to any state or local government which
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acquires a facility or has caused or contributed to the release or threatened release of a hazardous substa
the facility, and such a state or local government shall be subject to the provisions of this chapter in the
manner and to the same extent, both procedurally and substantively, as any nongovernmental entity.
(b) a person otherwise liable who can establish by a preponderance of the evidence that the release or th
release of a hazardous substance and the damages resulting therefrom were caused solely by:
(i) an act of God;
(ii) an act of war;
(iii) an act or omission of a third party other than an employee or agent of the defendant, or than one wh
omission occurs in connection with a contractual relationship, existing directly or indirectly, with the de
(except where the sole contractual arrangement arises from a published tariff and acceptance for carriag
common carrier by rail), if the defendant establishes by a preponderance of the evidence that (A) he exe
care with respect to the hazardous substance concerned, taking into consideration the characteristics of:
hazardous substance, in light of all relevant facts and circumstances, and (B) he took precautions agains
foreseeable acts or omissions of any such third party and the consequences that could foreseeably result
acts or omissions.
SECTION 44-56-205. Facilities to give preference to waste generators within the State. [SC ST SEC 4-
All hazardous waste treatment and disposal facilities in South Carolina shall give preference to hazardo
generators within the State of South Carolina for treatment and disposal of hazardous materials at licens
in the State.
SECTION 44-56-210. Appointment for full-time health inspectors. [SC ST SEC 44-56-210]
The Department of Health and Environmental Control, in its discretion, shall assign not more than two 1
health inspectors to serve at each commercial hazardous waste treatment, storage, and disposal facility 1
South Carolina for the purpose of assuring the protection of the health and safety of the public by monit
receipt and handling of hazardous waste at these sites. For any facilities to which a full-time inspector is
assigned, there must be one or more inspectors who shall monitor these facilities on a rotating basis.
The department shall implement a fee schedule to cover the costs of implementing this inspection progr
fees must be collected by the facilities from the hazardous waste generators utilizing these sites.
ARTICLE 2. INFORMATION REQUIREMENTS
SECTION 44-56-220. Information requirements of entity providing financial assurance for hazardous ^
treatment or disposal facility or site. [SC ST SEC 44-56-220]
(A) Upon written request of the department, the entity providing financial assurance for a hazardous wa
treatment or disposal facility or site regulated under this chapter shall furnish to the department informa
concerning its financial integrity, as shall be specified in the department's request to permit the departm
review the nature, degree, and sufficiency of the financial assurances submitted by such entity. Informal
pertaining to the financial integrity of any parent, subsidiary, or affiliated corporations may also be requ
event such parent, subsidiary, or affiliated corporation provides, in whole or in part, the financial assura
required by the department. The information required by this subsection may include, but not be limited
certified audited financial statement, a balance sheet, and a profit and loss statement.
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(£5) it, in tnejudgment ot tne department, tne intormation reterred to in suosection (A) is not turnisned1
reasonable time or if so furnished is not satisfactory to the department, the department shall give by wri
to such entity the particulars in which such information is insufficient to permit the department to review
extent, and sufficiency of the required financial assurance and such entity shall have a reasonable time i
comply with the requirements of such notice in the particulars therein mentioned.
(C) If it is desired for any reason to verify the information furnished under subsection (A) or (B), the de
person or by its agents shall make such examination of the records of and such inspections of the propel
entities referred to in subsection (A) as shall be necessary to procure the information required. Upon sui
notice, the department may require the production of the desired writings and records and the attendanc
testimony under oath of the officers, accountants, or other agents of the parties having knowledge therei
place as the department may designate. The expense of the necessary examination or inspection for the
the information must be paid by the party so examined or inspected. The expenses may be collected by
action, if necessary, except that if the examination and inspection and reports thereof disclose that a sufi
response had previously been made pursuant to the requirements of the department in regard thereto the
making the examination and inspection must be paid out of the funds of the department.
ARTICLE 3. IMMUNITY FROM CIVIL DAMAGES
SECTION 44-56-310. Definitions. [SC ST SEC 44-56-310]
As used in this article:
(A) "Discharge" means leakage, seepage, or other release.
(B) "Hazardous materials" means all materials and substances defined as hazardous by any state or fede
regulation.
(C) "Person" means any individual, partnership, corporation, association, or other entity.
SECTION 44-56-320. Attempts to mitigate effects of discharge; immunity. [SC ST SEC 44-56-320]
Any person who in good faith gratuitously provides assistance or advice in mitigating or attempting to r
effects of an actual or threatened discharge of hazardous materials, or in preventing, cleaning up, or disj
in attempting to prevent, clean up, or dispose of any such discharge, is not subject to civil damages unle
or damages result from the gross negligence, recklessness, or intentional misconduct of such person.
SECTION 44-56-330. Applicability. [SC ST SEC 44-56-330]
The immunities provided in § 44-56-320 apply only to any person:
(A) Whose act or omission did not cause the actual or threatened discharge and who would not otherwi;
therefor, or
(B) Who renders such assistance or advice voluntarily and without compensation, or who is an employe
industry, corporation, or group which renders such advice or assistance without compensation.
ARTICLE 4. DRYCLEANING FACILITY RESTORATION TRUST FUND
REFERENCES
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CROSS REFERENCES
For regulations pertaining to drycleaning facility restoration, see S.C. Code of Regulations R. 61-33.
SECTION 44-56-410. Definitions. [SC ST SEC 44-56-410]
As used in this article:
(1) "Department" means the Department of Health and Environmental Control.
(2) "Discharge" means leakage, seepage, or other release.
(3) "Drycleaning facility" means a professional retail commercial establishment located in this State tha
has at some time in the past operated in whole or in part for the purpose of cleaning clothing and other f
members of the public utilizing a process which involves the use of drycleaning solvents. "Drycleaning
includes laundry facilities that are using or have used drycleaning solvents as part of their cleaning proc
does not include textile mills or uniform rental and linen supply facilities.
(4) "Drycleaning solvents" means nonaqueous solvents used in the cleaning of clothing and other fabric
includes halogenated drycleaning fluids and nonhalogenated cleaners, and their breakdown products. "I
solvents" includes only solvents originating from use at a drycleaning facility or by a wholesale supply
(5) "Dry drop-off facility" means a commercial retail store that receives from customers clothing and ot
for drycleaning at an off-site drycleaning facility and does not clean the clothing or fabrics at the store i;
drycleaning solvents.
(6) "Employee" means a natural person employed and paid by the owner of a drycleaning facility for thi
more hours a week for forty-five or more weeks a year and on whose behalf the owner contributes payn
South Carolina Employment Security Commission or Department of Revenue as required by law. Excli
the meaning of the term "employee" are owners of drycleaning facilities and family members of owners
of the level of consanguinity, if the family members are not employed and compensated pursuant to the
of the term "employee" contained in this item. Part-time employees who are employed and paid for few
thirty-five hours a week for fewer than forty-five weeks a year must not be deemed to be employees unl
hours and weeks of employment, when combined with the hours and weeks of employment of another (
time employee or employees, total thirty-five or more hours a week for forty-five or more weeks a year.
(7) "Person" means any individual, partnership, corporation, association, or other entity that is vested w
ownership, dominion, or legal or rightful title to the real property or which has a ground lease interest ir
property on which a drycleaning or wholesale supply facility is or has ever been located.
(8) "Wholesale supply facility" means a commercial establishment that supplies drycleaning solvents to
facilities.
(9) "Insolvent" means the approved expenses of the Department of Health and Environmental Control a
Department of Revenue as well as the estimated cleanup costs are projected to exceed the fund balance
projected revenues for a five-year period commencing on January fifteenth of each year.
(10) "Halogenated drycleaning fluid" means any nonaqueous solvent formulated, in whole or in part, wi
percent or more by volume any of the halogenated compounds chlorine, bromine, fluorine, or iodine. H
drycleaning fluids include perchloroethylene (also known as tetrachloroethylent), trichl or ethylene, and ;
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breakdown components of them.
(11) "Nonhalogenated cleaner" means any nonaqueous solvent used in a drycleaning facility that contai
ten percent by volume of any halogenated compound. Nonhalogenated cleaners include petroleum basei
drycleaning solvents and any breakdown components of them.
(12) "Nonaqueous solvent" means any cleaning formulation designed to minimize swelling of fabric fib
containing less than fifty-one of water by volume.
SECTION 44-56-420. Drycleaning Facility Restoration Trust Fund established. [SC ST SEC 44-56-42'
(A) There is created in the state treasury a separate and distinct account called the "Drycleaning Facility
Trust Fund", revenue for which must be collected and enforced by the Department of Revenue, and the
be administered by the Department of Health and Environmental Control and expended for the purpose;
article. However, the department may contract for the administration of the fund or any part of the admi
the fund. Judgments, recoveries, reimbursements, loans, and other fees and charges related to the implei
this section, the tax revenues levied, collected, and credited pursuant to Section 44-56-480, and the regi;
collected pursuant to Section 44-56-470 must be credited to the fund. Charges against the fund must be
accordance with the provisions of this section. The State accepts no financial responsibility as a result o
creation of the fund. The creation of the fund creates no burden upon the State to provide monies for th<
any mechanisms other than as provided in this section. At no time shall monies from the general fund b
to supplement the fund. The State may recover to the fund any funds expended from the fund which we
utilized in accordance with this article.
(B) Whenever incidents of contamination by drycleaning solvents related to the operation of drycleanin
or wholesale supply facilities pose a threat to the environment or the public health, safety, or welfare, th
department shall obligate monies available in the fund pursuant to this section to provide for:
(1) the prompt investigation and assessment of the contaminated sites; however, the owner or operator c
drycleaning facility or wholesale supply facility or a person must pay for the cost of the investigation ar
assessment up to the amount of the owner's, operator's, or person's deductible, and the department only
provide monies that exceed the owner's, operator's, or person's deductible; however, in order to receive
monies the owner, operator, or person must comply with this article and the regulations promulgated un
article;
(2) the expeditious treatment, restoration, or replacement of potable water supplies;
(3) the rehabilitation of contaminated drycleaning facility sites, which consist of rehabilitation of affects
groundwater, and surface waters, using the most cost-effective alternative that is reliable and feasible
technologically and that provides adequate protection of the public health, safety, and welfare and minii
environmental damage in accordance with the site selection and rehabilitation criteria established by the
department, except that nothing in this article may be construed to authorize the department to obligate
payment of costs which may be associated with, but are not integral to, site rehabilitation;
(4) the maintenance and monitoring of contaminated sites;
(5) the inspection and supervision of activities described in this section;
(6) the expenses of administering the fund by the department including the employment of department s
out the department's duties described in this article; however, the department may exclude five percent <
average annual collections of the fund or the amount required to fund four employees and the administr
associated with these errmlnvees whichever is greater
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r*-;
(7) the payment of reasonable costs of restoring property so as to assure public health and safety, as det<
the department.
(C) The fund may not be used to:
(1) restore sites which are contaminated by solvents normally used in drycleaning operations if the acti\
site are not related to the operation of a drycleaning facility or wholesale supply facility;
(2) restore sites that are contaminated by drycleaning solvents being transported to or from a drycleanin
wholesale supply facility or that are contaminated as a result of the delivery of drycleaning solvents to a
drycleaning facility or wholesale supply facility on or after July 1, 1995, if the contamination resulted fi
negligence;
(3) fund any costs related to the restoration of a site that is proposed for listing or is listed on the State P
or on the National Priority List pursuant to the Comprehensive Environmental Response, Compensatior
Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986, or ;
is required to obtain a permit pursuant to the Resource Conservation and Recovery Act, as amended;
(4) pay any costs associated with a fine, penalty, or action brought against the owner or operator of a dr
facility or wholesale supply facility or a person under local, state, or federal law;
(5) pay any costs incurred before July 1, 1995, for the remediation of a contaminated site;
(6) pay any costs to landscape or otherwise artificially improve a contaminated site;
(7) pay any contamination assessment or costs restoration before the actual date of the first payment of i
fees for the site pursuant to Section 44-56-470(B);
(8) pay any costs related to contamination assessment where no contamination from drycleaning solven
discovered;
(9) pay any costs for work not approved by the department in accordance with this article or regulations
promulgated pursuant to this article;
(10) restore sites that are uniform rental and linen supply facilities unless the site was operated on or aft
1995, as a professional retail drycleaning facility for garments or fabrics belonging to the public and ha:
participated in the fund;
(11) restore sites that are no longer operated as drycleaning facilities or coin-operated drycleaning facili
the owner or person has not paid a registration fee for the site pursuant to Section 44-56-470(B) and has
involved in the drycleaning industry after October 1, 1995.
(D) The department shall promulgate regulations that provide for an initial contamination assessment to
whether a drycleaning facility or wholesale supply facility is contaminated by drycleaning solvents. Pa>
initial assessment is as provided for in subsection (B), and site rehabilitation portions of the program mi
administered through direct payments to contractors actually accomplishing the site rehabilitation and n
reimbursement to drycleaning or wholesale supply facility owners, operators, or persons. All services re
rehabilitation must be preapproved by the department before performance in order to receive payment f
rendered.
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(E) If the committed money in the fund exceeds the current fund balance and the department declares a
emergency, the owner or operator of the drycleaning facility, wholesale facility, or person is liable for tl
that cleanup. However, once the fund has funds available, the owner, operator, or person who paid for tl
cleanup must be reimbursed for the costs incurred to clean up the site through annual payments which n
exceed five percent of the total fund's average annual balance if the cleanup complies with the provisior
article or regulations promulgated under this article. The fund may not obligate itself for more than it is
generate through surcharges, annual fees, and registration fees.
SECTION 44-56-430. Environmental surcharge. [SC ST SEC 44-56-430]
(A)(1) One percent of the gross proceeds of sales of a drycleaning facility must be levied as an environr
surcharge on every owner or operator of a drycleaning facility participating in the drycleaning facility r<
trust fund except for the facilities possessing a valid statement of nonparticipation pursuant to Section 4
(A).
(2) At any time the uncommitted balance of the Drycleaning Facility Restoration Trust Fund Account e:
million dollars, the one percent of the gross proceeds of sales of drycleaning surcharge is suspended unt
the uncommitted balance of the trust fund account becomes less than one million dollars. The Departme
and Environmental Control is responsible for notifying the Department of Revenue when these amounts
reached. The suspension of the environmental surcharge occurs at the end of the month in which the De
Revenue is so notified by the Department of Health and Environmental Control. The lifting of the suspe
occurs on the first day of the month following the month in which the Department of Revenue is so noti
Department of Health and Environmental Control.
(B)(1) The initial surcharge imposed by this section is due and payable on the twentieth day of the third
succeeding the month in which the charge is imposed. Subsequent charges are due and payable on or be
twentieth day of each month for the preceding month. The Department of Revenue may authorize the qi
semiannual, or annual payment of this surcharge. The surcharge must be reported on forms and in the rr
determined by the Department of Revenue.
(2) The Department of Revenue must administer, collect, and enforce the surcharge in the manner that t
use taxes are administered, collected, and enforced under Chapter 36 of Title 12, except that no timely f
discount or exemptions or exclusions are allowed. The provisions of Title 12 apply to the collection and
enforcement of the surcharge by the Department of Revenue.
(3) The Department of Revenue shall retain funds for the costs incurred to administer, collect, and enfoi
which may include a part-time employee with the related expenses for audit purposes. The funds withhe
exceed the actual costs to administer, collect, and enforce the fund. The proceeds of the surcharge, after
the costs incurred by the Department of Revenue in administering, auditing, collecting, distributing, anc
the surcharge, must be remitted to the State Treasurer and credited to the fund and must be used as prov
Section 44-56-420. For the purposes of this section, the proceeds of the surcharge include all funds colli
received by the Department of Revenue including interest and penalties on delinquent surcharges.
(C) The Department of Health and Environmental Control is required to report each January fifteenth th
financial position of the Drycleaning Facility Restoration Trust Fund to the General Assembly. In additi
Department of Health and Environmental Control must include projected information that would enable
Assembly to determine the solvency of the fund. At a minimum this must include a five-year budget pre
This report must also review and comment on the adequacy of the current program in resolving contami
problems at both operating and closed drycleaning facilities in this State.
SECTION 44-56-440. Moratorium established on administrative and judicial actions by department. [S
AA-^-AAOl
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(A) The Board of the Department of Health and Environmental Control shall establish a moratorium on
administrative and judicial actions by the department concerning drycleaning facilities and wholesale si
facilities resulting from the discharge of drycleaning solvents to soil or waters of the State. This morato:
only to those facilities deemed eligible as defined in this section. The board may review and determine 1
appropriateness of the moratorium at least annually. This review shall include, but is not limited to, con
these factors:
(1) the solvency of the fund as described in Section 44-56-420;
(2) prioritization of the sites;
(3) public health concerns related to the sites;
(4) eligibility of the sites;
(5) corrective action plans submitted to the department.
After review, the board may suspend all or a portion of the moratorium if necessary.
(B) A drycleaning facility or wholesale supply facility that is being operated as a drycleaning facility or
supply facility at the time a request for determination of eligibility is filed and at which there is contami
drycleaning solvents is eligible under this section regardless of when the contamination was discovered
drycleaning facility or wholesale supply facility:
(1) has been registered with and has paid all annual fees, surcharges, and solvent fees as required by the
of Revenue;
(2) is determined by the department to be in compliance with department regulations regulating dryclea
facilities or wholesale supply facilities;
(3) has third-party liability insurance when and if the insurance becomes available at a reasonable cost,
determined by the Department of Insurance and if the insurance covers liability for contamination that c
both before and after the effective date of the policy;
(4) has provided documented evidence of contamination by drycleaning solvents;
(5) has not been operated in a grossly negligent manner at any time after November 18, 1980.
(C) A drycleaning facility or wholesale supply facility that ceases to be operated as a drycleaning facilit
wholesale supply facility before July 1, 1995, and before the time a request for determination of eligibil
which there is contamination from drycleaning solvents is eligible under this section regardless of when
contamination was discovered provided the owner or operator of the drycleaning facility or wholesale s
facility or person provides documented evidence of the contamination by drycleaning solvents and the c
operator, or person has paid all annual fees, surcharges, and solvent fees on every drycleaning facility ir
under their control since July 1, 1995, as required by the Department of Revenue.
(D) A drycleaning facility that has been contaminated as a result of the discharge of drycleaning solvenl
supplier of solvents during the delivery of drycleaning solvents to a drycleaning facility first must utiliz
insurance of the supplier to the full extent of the coverage for site rehabilitation before any funds may b
from the fund for the rehabilitation of that portion of the site which was contaminated by the discharge i
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delivery.
(E) If the facility started operation before six months after the effective date of this act and an eligible d
or wholesale owner or operator or person applies for monies from the fund on or before:
(1) eighteen months after the effective date of this act, the deductible is one thousand dollars;
(2) thirty months after the effective date of this act, the deductible is twenty-five thousand dollars.
An eligible drycleaning facility that has applied for monies from the fund prior to the effective date of tl
paragraph shall have a deductible of one thousand dollars regardless of any deductible previously assigi
facility based on its application date or type of site. Any approved assessment or remedial costs in exces
thousand dollars previously incurred by the owner, operator, or person shall be refunded, without intere
party by the department.
A facility first starting its operations on or after six months after the effective date of this act shall have
of twenty-five thousand dollars if it is determined to be eligible if the operator or person applies for moi
fund within six months of obtaining evidence of contamination.
(F) An owner of a drycleaning facility or wholesale supply facility or person seeking eligibility under th
subsection shall submit an application for determination of eligibility to the department on forms provic
department. The department shall review the application and request any additional information within
The department shall notify the applicant within one hundred eighty days as to whether the facility is el:
(G) Eligibility under this subsection applies to the site of the drycleaning facilities or wholesale supply 1
determination of eligibility or ineligibility is not affected by the subsequent conveyance of the ownershi
drycleaning facilities or wholesale supply facilities.
(H) This section does not apply to a site where the department has been denied site access to implement
or to drycleaning facilities owned or operated by a local government or by the state or federal governing
(I) A site owned by an owner of a drycleaning facility or a person at any time subsequent to October 1,
misrepresents the number of employees upon which the registration fee provided for in Section 44-56-4
is not eligible for funds under this section.
SECTION 44-56-450. Reporting of discharged drycleaning solvent causing contamination. [SC ST SE'
450]
(A) In order to identify drycleaning facilities and wholesale suppliers which have experienced contamin
resulting from the discharge of drycleaning solvents and to assure the most expedient rehabilitation of tl
the owners and operators of drycleaning facilities and wholesale suppliers and persons are encouraged t
report contamination from drycleaning solvents related to the operation of drycleaning facilities or who!
supply facilities. Forms must be distributed to owners and operators of drycleaning and wholesale suppl
and to persons. The Department of Revenue shall use reasonable efforts to identify and notify owners, c
and persons of drycleaning and wholesale supply facilities within six months after the effective date of 1
the registration requirements by certified mail, return receipt requested. The Department of Revenue sh<
to the Department of Health and Environmental Control a copy of each applicant's registration material:
thirty working days of the receipt of the materials.
(B) A report of drycleaning solvent contamination at a drycleaning facility made to the department by a
accordance with this article or regulations promulgated under this article may not be used directly as ev
11 n Ia 1I1 +t r n /4i rml^n t*rr a r» mx7i1 s~\ +t*i n 1 r» t*i mvi rr r\i n /4i rmtin t*rr a
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nauiiiuy iui uic uisv^naigc in a i/ivii ui uiai miMiig uui ui uic uisv^imigc.
SECTION 44-56-460. Establishment of priorities for rehabilitation at contaminated facilities. [SC ST S
460]
(A) The fund must be used to rehabilitate sites that pose a significant threat to the public health, safety,
The department shall promulgate regulations to establish priorities for state-conducted rehabilitation at
contaminated drycleaning facilities or wholesale supply facilities sites based upon factors that include, 1
limited to:
(1) the degree to which human health, safety, or welfare may be affected by exposure to the contaminati
(2) the size of the population or area affected by the contamination;
(3) the present and future uses of the affected aquifer or surface waters, with particular consideration as
probability that the contamination is substantially affecting or will migrate to and substantially affect a 1
public or private source of potable water; and
(4) the effect of the contamination on the environment.
(B) Nothing in this subsection may be construed to restrict the department from modifying the priority s
drycleaning facility or wholesale supply facility rehabilitation site where conditions warrant. Criteria fo
determining completion of site rehabilitation program tasks and site rehabilitation programs must be bai
factors set forth in subsection (A)(1) and these factors:
(1) individual site characteristics, including natural rehabilitation processes;
(2) applicable state water quality standards;
(3) whether deviation from state water quality standards or from established criteria is appropriate, base
degree to which the desired rehabilitation level is achievable and can be reasonably and cost-effectively
implemented within available technologies or control strategies, except that, where a state water quality
applicable, the deviation may not result in the application of standards more stringent than the standard;
(4) it is recognized that restoration of groundwater resources contaminated with certain drycleaning sob
as perchloroethylene, may not be achievable using currently available technology. In situations where a
technology is not anticipated to meet water quality standards, the department, at its discretion, is encour
innovative technology including, but not limited to, technology which has been field tested through the
innovative technology program and which has engineering and cost data available;
(5) nothing in this section may be construed to restrict the department from temporarily postponing con-
site rehabilitation program for which drycleaning restoration funds are being expended whenever the pc
is considered necessary in order to make funds available for rehabilitation of a drycleaning facility or w
supply facility site with a higher priority status;
(6) the department shall provide the rehabilitation of eligible drycleaning facilities and wholesale suppb
consistent with this subsection. Nothing in this article subjects the department to liability for any action
required of the owner, operator, or person by a private party or a local, state, or federal governmental er
(C) The department may not expend more than two hundred fifty thousand dollars from the fund annual
the costs at any one eligible site for the activities described in Section 44-56-420(B).
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(D) The department shall promulgate regulations necessary for the implementation of this section.
(E) The department shall create a mechanism in which consultants' credentials, work objectives and pla:
costs ranging from assessment, cleanup, and monitoring are outlined and submitted in writing for the de
approval. The department shall establish a list of those vendors who are qualified to perform work to be
the fund. Vendors must be recertified every two years.
SECTION 44-56-470. Annual registration and fees for drycleaning facilities. [SC ST SEC 44-56-470]
(A) For each drycleaning facility owned and in operation, the owner or operator of the facility or persor
register with and pay initial registration fees to the Department of Revenue by October 1, 1995, and pa>
quarterly renewal registration fees as established by the Department of Revenue. The fee must be accon
notarized certification from the owner, on a form provided by the Department of Revenue, certifying thi
employees employed by the owner, or operator, for the twelve-month period preceding payment of the i
(B) An initial and annual registration fee for each drycleaning facility with:
(1) up to four employees is seven hundred fifty dollars;
(2) five to ten employees is one thousand five hundred dollars;
(3) eleven or more employees is two thousand two hundred fifty dollars.
(C) The provisions of Title 12 apply to the collection and enforcement of the fees by the Department of
(D) The Department of Revenue must retain funds for the costs incurred to collect and enforce the fund
include a part-time employee with the related expenses for audit purposes. The funds withheld shall not
actual costs to administer, collect, and enforce the fund. The proceeds of the registration fee, after dedu<
costs incurred by the Department of Revenue in auditing, collecting, distributing, and enforcing the regi
must be remitted to the State Treasurer and credited to the fund and must be used as provided in Sectior
For the purposes of this section, the proceeds of the registration fee include all funds collected and recei
Department of Revenue including interest and penalties on delinquent fees.
(E) Revenue derived from the registration fees must be submitted to the State Treasurer and credited to
Drycleaning Facility Restoration Trust Fund.
(F) Before a year after the effective date of this act, an owner or operator of a drycleaning facility in op(
before six months after the effective date of this act, shall install dikes or other containment structures a
machine or item of equipment in which drycleaning solvents are used and around an area in which solvi
waste containing solvents are stored. The containment must meet the following criteria:
(1) the dikes or containment structures must be capable of containing one- third of the capacity of the tc
capacity of each machine;
(2) dikes or containment structures around areas used for storage of solvents or waste containing solven
capable of containing one hundred percent of the volume of the largest container stored or retained in th
containment structure;
(3) all diked containment areas must be sealed or otherwise made impervious to the drycleaning solvent
the facility, including floor surfaces, floor drains, floor joints, and inner dike walls;
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10 me exieni pracucaoie, an owner oi a tirycieamng racnuy or person snan seai or oinerwise rentier i
those portions of all floor surfaces upon which any drycleaning solvents may leak, spill, or otherwise be
(5) containment devices must provide for the temporary containment of accidental spills or leaks until a
response actions are taken by the owner/operator to abate the source of the spill and remove the product
areas on which the product has accumulated; and
(6) materials used in constructing the containment structure or sealing the floors must be capable of wit!
permeation by drycleaning solvents in use at the facility for not less than seventy-two hours.
(G) For drycleaning facilities that commence operating on or after six months after the effective date of
owners or operators of these facilities or persons, before the commencement of operations, shall install 1
each machine or item of equipment in which drycleaning solvents are used a rigid and impermeable cor
vessel capable of containing one hundred percent of the volume of the largest single tank in the machim
equipment or one-third of the total tank capacity of each machine, whichever is greater. Dikes or contai
structures must be installed before delivery of any drycleaning solvents to the facility. All dikes or cont;
structures shall meet all criteria of Section 44-56-470(F).
(H) A person or the owner or operator of a drycleaning facility or wholesale supply facility at which the
of more than the federally mandated reportable quantity of drycleaning solvent outside of a containmen
after July 1, 1995, shall report the spill to the department immediately upon the discovery of the spill an
with existing emergency response regulations.
(I) Failure to comply with the requirements of this section constitutes gross negligence with regard to d<
site eligibility.
SECTION 44-56-480. Surcharge on drycleaning solvent and halogenated drycleaning fluid. [SC ST SE
480]
(A) Beginning July 1, 1995, an environmental surcharge is assessed on the privilege of producing in, iir
into, or causing to be imported into the State drycleaning solvent. A surcharge of ten dollars per gallon i
halogenated drycleaning fluid and two dollars per gallon on nonhalogenated cleaner is levied on each g;
used for drycleaning purposes when first imported into or produced in the State. Nonhalogenated cleane
purchased, produced, or transported in a nonliquid physical state must be assessed a surcharge of twenty
pound. A drycleaning facility that has made an election not to be under the provisions of this article pur
Section 44-56-485(A) or (B) may request a statement of nonparticipation from the Department of Revei
demonstrate its status under this article and its exemption from the surcharge provided for in this subset
(B) A person producing in, importing into, or causing to be imported into this State drycleaning solvent
use, or otherwise must register with the Department of Revenue and become licensed for the purposes c
the surcharge pursuant to this section. The person must register as a producer or importer of drycleaning
Persons operating at more than one location only are required to have a single registration. The fee for r
is thirty dollars. Failure to register before importing or producing drycleaning solvent into this State is a
misdemeanor and, upon conviction, the person must be fined up to twenty-five thousand dollars or impi
thirty days.
(C) The surcharge imposed by this section is due and payable on or before the twentieth day of the mon
succeeding the month of production, importation, or removal from a storage facility. The surcharge mus
reported on forms and in the manner determined by the Department of Revenue.
(D) All drycleaning solvent to be used for drycleaning purposes which are imported, produced, or sold i
are presumed to be subject to the surcharge imposed by this section. An owner, operator, or person, wh<
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purchased drycleaning solvent for sale, use, consumption, or distribution in this State must document th
surcharge imposed by this section has been paid or must pay the surcharge directly to the Department o:
accordance with subsection (C). The solvent dealer may pass the costs of the surcharge to owners, open
persons of drycleaning facilities except the surcharge imposed by this section must not be charged to a i
possessing a statement of nonparticipation pursuant to Section 44-56-480(A).
(E) The surcharge imposed by this section must be remitted to the Department of Revenue. The paymer
accompanied by the forms as the Department of Revenue prescribes. The proceeds of the surcharge, aft
the administrative costs incurred by the Department of Revenue in administering, auditing, collecting, d
and enforcing the surcharge, must be remitted by the Department of Revenue to the State Treasurer to b
the Drycleaning Facility Restoration Trust Fund and must be used as provided in Section 44-56-420. Fc
purposes of this section, the proceeds of the surcharge include all funds collected and received by the D
of Revenue, including interest and penalties on delinquent surcharges.
(F) The Department of Revenue shall administer, collect, and enforce the surcharge authorized under th
the manner that sales and use taxes are administered, collected, and enforced under Chapter 36 of Title
no timely payment discount or exemptions or exclusions are allowed. Provisions of Title 12 regarding tl
Department of Revenue's authority to audit and make assessments, the keeping of books and records, ar
and penalties on delinquent taxes apply.
(G) The Department of Revenue must retain funds for the costs incurred to administer, collect, and enfc
program. The proceeds of the surcharge, after deducting the costs incurred by the Department of Revem
administering, auditing, collecting, distributing, and enforcing the surcharge, must be remitted to the Sti
Treasurer and credited to the fund and must be used as provided in Section 44-56-420. For the purposes
section, the proceeds of the surcharge include interest and penalties collected by the Department of Rev
(H) The Department of Revenue may establish audit procedures and assess delinquent surcharges.
(I) Drycleaning solvent used for drycleaning exported from the first storage facility at which it is held ir
by the producer or importer is exempt from the surcharge pursuant to this section. Anyone exporting dr
solvent on which the surcharge has been paid may apply for a refund or credit. A person who sells drycl
solvent that is exempt from the collection of the surcharge pursuant to subsection (D) may apply for a c
refund. The Department of Revenue may require information as it considers necessary in order to appro
refund or credit.
(J) The Department of Revenue may authorize:
(1) a quarterly return and payment when the surcharge remitted by the licensee for the preceding quarte
exceed one hundred dollars;
(2) a semiannual return and payment when the surcharge remitted by the licensee for the preceding six i
not exceed two hundred dollars;
(3) an annual return and payment when the surcharge remitted by the licensee for the preceding twelve i
not exceed four hundred dollars.
SECTION 44-56-485. Applicability of Article 4; election to place facility under provisions of article; e
remove facility from requirements of article. [SC ST SEC 44-56-485]
(A) Notwithstanding any other provision of this article, this article does not apply to a drycleaning facil:
in existence on July 1, 1995, that dry cleans with nonhalogenated cleaners only, nor to dry drop-off facil
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ciotning ana otner ratines are cleaned only Dy sucn a arycieaning tacinty. However, an owner or operati
facility or person may elect to place the facility under the provisions of this article by paying the require
for the facility before October 1, 1995. If an owner or operator of a facility or person does not elect to p
facility under this article before October 1, 1995, the current or a future owner or operator of the site or
prohibited from receiving any funds or assistance under this article. Failure to pay the required annual f
October 1, 1995, constitutes electing not to place a facility under this article. Additionally, an owner, op
person who does not elect to place a facility under this article is prohibited from receiving any funds or
under this article for any site the owner, operator, or person currently or previously operated or abandor
(B) A dry cleaning facility in existence on July 1, 1995, that uses halogenated fluids and nonhalogenatec
may elect to remove the facility from the requirements of this article if the election is made before Octo
Failure to pay the required annual fee by October 1, 1995, constitutes electing to remove a facility from
requirements of this article. An owner, operator, or person of a facility using halogenated and nonhalogi
cleaners may not elect to remove a facility from the requirements of this article for one solvent and not 1
(C) Notwithstanding subsections (A) and (B) of this section, if a person or an owner or operator of a dr}
facility in existence on July 1, 1995, has made an election not to place a facility under the provisions of
as allowed in subsection (A) or (B) above, then the person, owner, or operator may affirmatively and in
elect to place the drycleaning facility under the provisions of this article. This election must be made by
with the Department of Revenue on or before July 1, 2005, and paying the fees and taxes provided unde
article. An electing drycleaning facility is liable for payment of all taxes and fees from the later of July
the date the drycleaning facility began operating, but is not liable for any penalties or interest. An electii
drycleaning facility may pay the back taxes and fees that the facility is required to pay under this subset
making monthly installments toward full payment of all back taxes and fees. The monthly installments i
commence no later than July 1, 2004, and all back taxes and fees must be fully paid on or before July 1,
(D) Notwithstanding any other provision of this article, any person or owner or operator of a drycleanin
that has not registered with the Department of Revenue and complied with the provisions of this article
voluntarily register with the Department of Revenue on or before July 1, 2005, without incurring any pe
interest. Payment of all taxes and fees due pursuant to this article is required to be made from the later c
1995, or the date the drycleaning facility began operating. Any person or owner or operator of a dryclea
that does not voluntarily register under this provision is subject to interest, penalties, and payment of all
fees from the later of July 1, 1995, or the date the drycleaning facility began operating. No fees will be ]
refunded for a business in operation for less than twelve months.
(E) Notwithstanding any other provisions in this article, the department may direct the Department of R
allow a person or owner or operator of a drycleaning facility, who elected not to place the facility under
pursuant to subsection (A) or (B) of this section to register, provided the department finds that the perse
or operator of the drycleaning facility requesting to register did not have notice of this article for more t
days prior to requesting registration. The person or owner or operator of a drycleaning facility registerir
to this subsection is liable for payment of all taxes or fees, including interest, from the later of July 1,
date the drycleaning facility began operating; however, the registering person, owner, or operator is not
penalties. No fees will be prorated or refunded for a business in operation for less than twelve months.
SECTION 44-56-490. Violations. [SC ST SEC 44-56-490]
(A) Whenever the department finds that a person is in violation of a provision of this article or a regulat
promulgated under this article, the department may issue an order requiring the owner, operator, or pers
comply with the provision or regulation or the department may bring civil action for injunctive relief in
appropriate court of competent jurisdiction.
CB") An owner, onerator. or nerson who violates a nrovision of this article, a resulation oromuleated und
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article, or an order of the department issued under subsection (A) is subject to a civil penalty not to exc(
thousand dollars for each day of violation.
(C) An owner, operator, or person who wilfully violates a provision of this article, a regulation promulg
this article, or an order of the department issued under subsection (A) is guilty of a misdemeanor and, u
conviction, must be fined not more than twenty-five thousand dollars per day of violation or imprisonec
more than one year or both.
SECTION 44-56-495. Drycleaning Advisory Council created. [SC ST SEC 44-56-495]
(A) There is created the Drycleaning Advisory Council to advise the Department of Health and Environ
Control on matters relating to regulations and standards which affect drycleaning and related industries.
(B) The council is composed of:
(1) five representatives of the drycleaning industry;
(2) one representative of the wholesale industry;
(3) one representative of the real estate industry;
(4) one environmental engineer;
(5) one representative of the banking industry;
(6) two representatives from the Department of Health and Environmental Control, one of whom must 1
administrator and one of whom must represent water quality control;
(7) a representative of the Department of Revenue;
(8) a representative of the Department of Insurance;
(9) a representative of the State Budget and Control Board;
(10) a representative of the Department of Natural Resources, Division of Water Resources.
(C) Members enumerated in subsection (B)(1) through (5) may be appointed by the Governor with the i
consent of the Senate and shall serve terms of two years and until their successors are appointed and qui
members enumerated in subsection (B)(6) through (10) must be appointed by the respective directors oi
commissioner of the appropriate agency, and all serve ex officio for terms of two years and until their si
are appointed and qualify. The chairman of the council must be elected by the members of the council a
meeting of each new term.
ARTICLE 5. WASTE ASSESSMENTS
SECTION 44-56-510. General provisions. [SC ST SEC 44-56-510]
Any waste disposed of in a land disposal site permitted to receive hazardous waste for disposal and not
fee under the provisions of Article 1 of this chapter must be assessed as follows:
(1) a fee of thirteen dollars and seventy cents a ton of wastes generated and disposed of in this State by !
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or other means of land disposal;
(2) for all wastes generated outside of the State and received at a facility during the quarter, each owner
a hazardous waste land disposal facility shall remit to the department a fee of thirteen dollars and Severn
ton.
ARTICLE 7. BROWNFIELDS/VOLUNTARY CLEANUP PROGRAM
SECTION 44-56-710. Purpose. [SC ST SEC 44-56-710]
The purpose of the voluntary cleanup program is to:
(1) return to use industrial and commercial facilities whose redevelopment is complicated by real or per
environmental contamination;
(2) provide an incentive to conduct response actions at a site by providing nonresponsible parties State <
liability protection or by providing responsible parties with a covenant not to sue; and
(3) provide reimbursement to the department for oversight costs.
SECTION 44-56-720. Definitions. [SC ST SEC 44-56-720]
As used in this article:
(1) "CERCLA" means the Comprehensive Environmental Response, Compensation and Liability Act ai
amendments, 42 U.S.C. 9601, et seq.
(2) "Contaminant" includes, but is not limited to, any element, substance, compound, or mixture, includ
causing agents, which after release into the environment and upon exposure, ingestion, inhalation, or as
into any organism, either directly from the environment or indirectly by ingestion through food chains,
reasonably be anticipated to cause death, disease, behavioral abnormalities, cancer, genetic mutation, pi
malfunctions, including malfunctions in reproduction, or physical deformations, in organisms or their o:
"contaminant" does not include petroleum, including crude oil or any fraction of crude oil, which is not
specifically listed or designated as a hazardous substance under subparagraphs (A) through (F) of parag
CERCLA, Section 101, 42 U.S.C. Section 9601, et seq. and does not include natural gas, liquefied natui
synthetic gas of pipeline quality or mixtures of natural gas and such synthetic gas.
(3) "Department" means the South Carolina Department of Health and Environmental Control.
(4) "Nonresponsible party" means any party which is neither:
(i) a responsible party at the time the voluntary cleanup contract is signed, including lenders, economic
development agencies, fiduciaries, trustees, executors, administrators, custodians, subsequent holders o!
interest; nor
(ii) a parent, subsidiary of, or successor to a responsible party.
(5) "Oversight costs" means those costs, both direct and indirect, incurred by the department in implem<
Voluntary Cleanup Program.
(6) "Property" means that portion of the site which is subject to the ownership, prospective ownership, (
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(7) "Response action" means any assessment, cleanup, inspection, or closure of a site as necessary to rei
or potential damage to public health, public welfare, or the environment.
(8) "Responsible party" means:
(a) the owner and operator of a vessel, as defined in CERCLA Section 101 (28), or a facility;
(b) any person who at the time of disposal of any hazardous substance owned or operated any facility at
hazardous substances were disposed of;
(c) any person who by contract, settlement, or otherwise arranged for disposal or treatment or arranged
transporter for transport for disposal or treatment of hazardous substances owned or possessed by such ]
any other party or entity, at any facility or incineration vessel owned or operated by another party or ent
containing such hazardous substances; and
(d) any person who accepts or accepted any hazardous substances for transport to disposal or treatment
incineration vessels, as defined in CERCLA Section 101 (38), or sites selected by such person, from wb
a release or a threatened release which causes the incurrence of response costs of a hazardous substance
(9) "Site" means all areas where a contaminant has been released, deposited, stored, disposed of, or plac
otherwise comes to be located; "site" does not include any consumer product in consumer use or any ve
defined in CERCLA Section 101 (28).
(10) "Voluntary cleanup" means a response action taken under and in compliance with this article.
(11) "Voluntary cleanup contract" means a contract entered into between the department and a responsil
nonresponsible party to conduct a voluntary cleanup.
SECTION 44-56-730. Site and participant eligibility. [SC ST SEC 44-56-730]
(A) A site known or perceived to be impacted by a contaminant is eligible for participation in the volun
program unless the site is listed or proposed to be listed on the National Priorities List pursuant to CER<
Section 105.
(B) A responsible party who is not subject to a department order or permit for assessment and remediati
eligible to participate in the voluntary cleanup program for that site.
(C) All nonresponsible parties who demonstrate financial viability to meet their obligations under the cc
eligible to participate in the voluntary cleanup program.
SECTION 44-56-740. Requirements for contracts entered into by or on behalf of responsible parties. [!
44-56-740]
(A)(1) A voluntary cleanup contract entered into by or on behalf of a responsible party shall contain at £
(a) submission of a work plan, health and safety plan, and provisions from written progress reports;
(b) a grant of access to perform and oversee response actions; and
(c) a legal description of the property.
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(2) A voluntary cleanup contract shall stipulate that it:
(a) is not a release of covenant not to sue for any claim or cause of action against a responsible party wt
nonsignatory to the contract;
(b) does not limit the right of the department to undertake future response actions; and
(c) is not a release or covenant not to sue for claims against a responsible party for matters not expressly
the contract.
(3) After signing a voluntary cleanup contract, the responsible party shall prepare and submit the approj
plans and reports to the department. The department shall review and evaluate the work plans and repor
accuracy, quality, and completeness. If a work plan or report is not approved, the department shall notif
concerning additional information or commitments needed to obtain approval.
(4) A voluntary cleanup contract executed on behalf of a responsible party inures to the benefit of the re
party's signatories, parents, successors, assigns, and subsidiaries.
(5) A voluntary cleanup contract must give the responsible party the department's covenant not to sue fc
done in completing the response actions specifically covered in the contract and completed in accordant
approved work plans and reports. The covenant not to sue must be contingent upon the department's del
that the responsible party successfully and completely complied with the contract.
(B)(1) Upon completion of the contract, the responsible party must submit a request to the department f
certificate of completion. If the department determines that a responsible party has successfully and con
complied with the contract and has successfully completed the voluntary cleanup approved under this ai
department shall certify that the action has been completed by issuing the party a certificate of completi
certificate of completion shall:
(a) provide a covenant not to sue for the benefit of the responsible party, its signatories, parents, success
subsidiaries;
(b) indicate the proposed future land use and if a restrictive covenant is necessary for protection of heall
and welfare of the public, include a copy of the restrictive covenant entered into between the departmen
responsible party and filed with the Register of Deeds or Mesne Conveyances in the appropriate county
restrictive covenant remains in effect until a complete remediation is accomplished for unrestricted use;
(c) include a legal description of the site and the name of the site's owner.
(2) If the department determines that the responsible party has not completed the contract satisfactorily,
department shall notify in writing the responsible party and the current owner of the site, if different fro
responsible party who signed the contract, that the contract has not been satisfied and shall identify any
deficiencies.
(3) The covenant not to sue is revoked for a party or successor who changes the land use from the use s]
the certificate of completion to one which requires a more comprehensive cleanup.
(C) The department shall charge for and retain all monies collected as oversight costs. The South Caroli
Hazardous Waste Contingency Fund must be reimbursed for any funds expended from this fund pursua
44-56-200.
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(D) Public participation procedures for a voluntary cleanup contract entered into by a responsible party
the same guidelines for public participation as those for the State CERCLA program and not inconsistei
National Contingency Plan.
(E)(1) The department or the responsible party may terminate a voluntary cleanup contract by giving thi
advanced written notice to the other. The department may not terminate the contract without cause.
(2) The covenant not to sue must be revoked for a party or its successors, or both, for conducting activit
site that are inconsistent with the terms and conditions of the voluntary cleanup contract.
(3) If, after receiving notice that costs are due and owing, the responsible party does not pay the departn
oversight costs associated with the voluntary cleanup in a timely manner, the department may bring an ;
recover the amount owed and all costs incurred by the department in bringing the action including, but l
to, attorney's fees, department personnel costs, witness costs, court costs, and deposition costs.
(4) Termination of the contract does not affect any right the department has under any law to require ad
response actions or recover costs.
(F) The department's decision to enter or not to enter into a contract is final and is not a contested case \
meaning of the South Carolina Administrative Procedures Act, Section 1-23-10, et seq.
SECTION 44-56-750. Prerequisites to and provisions of contract entered into by or on behalf of nonres
party. [SC ST SEC 44-56-750]
(A)(1) Before entering into a voluntary cleanup contract, the nonresponsible party must:
(a) submit to the department its proposed scope of work;
(b) identify a contact person, whose name, address, and telephone number must be updated throughout 1
the contract;
(c) provide a legal description of the property; and
(d) identify the business activities planned to be carried out on the property.
(2) Before entering into a voluntary cleanup contract, the nonresponsible party must certify to the depar
(a) it is not a responsible party at the site;
(b) it is not a parent, successor, or subsidiary of a responsible party at the site;
(c) its activities will not aggravate or contribute to existing contamination on the site or pose significant
health or environmental risks; and
(d) it is financially viable to meet the obligations under the contract.
(B)(1) A voluntary cleanup contract entered into by or on behalf of a nonresponsible party shall contain
minimum:
(a) submission of a work plan, health and safety plan, and provisions for written progress reports;
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(b) a grant of access to perform and oversee response actions;
(c) a legal description of the property;
(d) a provision for the department to have the opportunity to inspect and to copy any and all documents
in the nonresponsible party's custody, possession, or control which identifies or potentially identifies a r
or potentially responsible party; and
(e) a provision that the department has an irrevocable right of access to the property once the property is
by the nonresponsible party. The right of access remains until a complete remediation is accomplished 1
unrestricted use.
(2) A voluntary cleanup contract shall stipulate that it:
(a) is not a release or covenant not to sue for any claim or cause of action against a responsible party wt
nonsignatory to the contract;
(b) does not limit the right of the department to undertake future response actions;
(c) is not a release or covenant not to sue for claims against a responsible party for matters not expressly
the contract;
(d) does not release the nonresponsible party from liability for any contamination that the nonresponsibl
causes or contributes to the site; and
(e) becomes null and void if the nonresponsible party submits information that is false or incomplete an
inconsistent with the intent of the contract.
(3) After signing a voluntary cleanup contract, the nonresponsible party shall prepare and submit the ap
work plans and reports to the department. The department shall review and evaluate the work plans and
accuracy, quality, and completeness. If a work plan or report is not approved, the department shall notif
concerning additional information or commitments needed to obtain approval.
(4) A voluntary cleanup contract executed on behalf of a nonresponsible party must, in the departments
discretion, provide a measurable benefit to the State, the community, or the department.
(5) After considering existing and future use or uses of the site, the department may approve submitted
or reports that do not require removal or remedy of all discharges, releases, and threatened releases at a
as the response action:
(a) is consistent and compatible with the proposed future use of the site;
(b) will not contribute to or exacerbate discharges, releases, or threatened releases;
(c) will not interfere with or substantially increase the cost of response actions to address the remaining
releases, or threatened releases; and
(d) requires deed notices or restrictions, or both, determined appropriate by the department, to be placec
property after completion of the work plan.
(6) A voluntary cleanup contract executed on behalf of a nonresponsible party inures to the benefit of tb
n **n AMfn 1a 1 /-i **n r» t*+T r' e~i 1 am /4 m rrM r» An **N r» t*AM + n rti 1 1a m /4i n t*i An riM /4 PI 1 AP n i~\ n A ttaIiim + o m r a1 AriMii **N /-»,
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lujincsjJuiiMuic jjcmy ^ icnucis, Mgnaiuiics, jjaicins, DuuMuiancs, anu rv vuiuiiuuy Cleanup w
executed on behalf of a nonresponsible party does not inure to the benefit of a responsible party.
(7) The voluntary cleanup contract may provide the nonresponsible party protection from claims for coi
under CERCLA Section 113, 42 U.S.C. Section 9613 and Section 44-56-200, et seq. of the 1976 Code i
environmental conditions at the site before the signing of the contract. This protection may be granted a
conclusion of the period allowed for comment from the site's potentially responsible parties as identifiei
reasonable search.
(C)(1) Upon completion of the contract, the nonresponsible party must submit a request to the departme
certificate of completion. If the department determines that a nonresponsible party has successfully and
complied with the contract and has completed the voluntary cleanup approved under this article, the def
shall certify that the action has been completed by issuing the party a certificate of completion. The cert
completion shall:
(a) provide the department's covenant not to sue the nonresponsible party for State CERCLA liability, e
releases and consequences that the nonresponsible party causes. This liability protection must not be gn
must be revoked if a contract or letter of completion is acquired by fraud, misrepresentation, knowing f<
disclose material information, or failure to satisfactorily complete the approved work plan;
(b) indicate the proposed future land use and if a restrictive covenant is required, include a copy of the r
covenant to be entered into between the department and the nonresponsible party and record the restrict
with the Register of Deeds or Mesne Conveyances in the appropriate county. A restrictive covenant ren
effect until a complete remediation is accomplished for unrestricted use; and
(c) include a legal description of the property and the name of the property's owner.
(2) If the department determines that the nonresponsible party has not completed the contract satisfactoi
department shall notify in writing the nonresponsible party and the current owner of the site, if different
nonresponsible party who signed the contract, that the contract has not been satisfied and shall identify ;
deficiencies.
(3) The State CERCLA liability protection is revoked if for a party or successor who changes the land u
use specified in the certificate of completion to one which requires a more comprehensive cleanup.
(D) The department shall charge for and retain all monies collected as oversight costs. The South Caroli
Hazardous Waste Contingency Fund must be reimbursed for any funds expended from the fund pursuar
44-56-200.
(E)(1) Upon signature of a voluntary cleanup contract by a nonresponsible party, the department shall p
notice and opportunity for public participation. Notification of the proposed contract must be placed in ;
in general circulation within the affected community. A comment period must be provided for thirty da;
date of newspaper publication. The public notice period must precede the department's scheduled date f
of the contract. A public meeting must be conducted upon request to the department's Bureau of Land a
Management by twelve residents of South Carolina or an organization representing twelve or more resi<
South Carolina. Under any other circumstances, a public meeting may be conducted at the department's
(2) Beginning with the thirty-day notice period and continuing through completion of the terms of the c
nonresponsible party must post a sign, in clear view from the main entrance to the site, stating the name
and telephone number of a contact person for information describing the site's response actions and reus
(F)(1) The department or nonresponsible party may terminate a voluntary cleanup contract by giving thi
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advance written notice to the other. The department may not terminate the contract without cause.
(2) The State CERCLA liability protection and contribution protection must be revoked for a party, or i
successors, for conducting activities at the site that are inconsistent with the terms and conditions of the
cleanup contract.
(3) If, after receiving notice that costs are due and owing, the nonresponsible party does not pay to the d
oversight costs associated with the voluntary cleanup contract in a timely manner, the department may 1
action to recover the amount owed and all costs incurred by the department in bringing the action incluc
limited to, attorney's fees, department personnel costs, witness costs, court costs, and deposition costs.
(4) Termination of the contract does not affect any right the department has under any law to require ad
response actions or recover costs.
(G) The department's decision to enter or not to enter into a contract is final and is not a contested case1
meaning of the South Carolina Administrative Procedures Act, Section 1-23-10, et seq.
SECTION 44-56-760. Review of program. [SC ST SEC 44-56-760]
Beginning in the year 2010, the department shall review the voluntary cleanup program established pur:
article and report to the General Assembly on the activities of the program and, where applicable, make
recommendations for any needed changes or improvements.
ARTICLE 9. HAZARDOUS WASTE MANAGEMENT RESEARCH FUND
SECTION 44-56-810. Creation of fund; purpose; financing and expenditures. [SC ST SEC 44-56-810]
There is created within the State Treasury the Hazardous Waste Management Research Fund, separate £
from the general fund of the State, to ensure the availability of funds for the conduct of research related
minimization and reduction and for the development of more effective and efficient methods of condutf
governmental response actions at uncontrolled hazardous waste sites. The fund must be financed in acc<
Section 44-56-160(B) and expended only in accordance with the provisions of this article.
SECTION 44-56-820. Universities Research and Education Foundation authorized to expend monies fi
purposes. [SC ST SEC 44-56-820]
The South Carolina Universities Research and Education Foundation is authorized to expend monies in
Hazardous Waste Management Research Fund only as provided in this article. The foundation shall est*
comprehensive research program with a primary emphasis on improving current hazardous waste man a
practices including, but not limited to, waste minimization and reduction and the development of more <
efficient methods of conducting governmental response actions at abandoned or uncontrolled hazardous
The fund must be used for research that will:
(1) have a direct and positive impact on waste minimization and reduction in this State;
(2) recommend strategies to deal effectively with major existing hazardous waste management problem
State and to improve current hazardous waste management practices;
(3) provide research and recommendations on cost-effective hazardous waste management techniques a
emerging technologies for use in the public and private sectors including, but not limited to, the develop
more efficient and effective methods of cleaning up abandoned or uncontrolled hazardous waste sites;
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(4) provide hazardous waste management education, training, and public information;
(5) assess the impact of existing and emerging hazardous waste management practices on the public hee
environment;
(6) provide research and recommendations on other waste management practices that may be identified
research conducted pursuant to this section.
SECTION 44-56-830. Foundation to submit annual report to Select Oversight Committee. [SC ST SEC
The foundation shall submit an annual report to the Hazardous Waste Management Select Oversight Cc
created pursuant to Section 44-56-840 fully accounting for the expenditures of the fund and the results i
from the research program.
SECTION 44-56-840. Hazardous Waste Management Select Oversight Committee. [SC ST SEC 44-5<:
(A) There is created a Hazardous Waste Management Select Oversight Committee to monitor funds ger
the fees imposed under Section 44-56-170(C) and (E) and designated for the fund under Section 44-56-:
committee shall oversee the research efforts and projects approved for funding by the foundation. Notw
any other provision of law, the committee is composed of:
(1) the Governor or his designee;
(2) the chairman of the House Agriculture and Natural Resources Committee or his designee;
(3) the chairman of the Senate Agriculture and Natural Resources Committee or his designee;
(4) the chairman of the House Labor, Commerce and Industry Committee or his designee;
(5) the chairman of the Senate Labor, Commerce and Industry Committee or his designee;
(6) the Director of the Department of Health and Environmental Control or his designee;
(7) one member representing business and industry appointed by the Governor;
(8) one public member appointed by the Governor;
(9) one member representing environmental interests appointed by the Governor;
(10) the Lieutenant Governor or his designee.
(B) The chairman of the Select Oversight Committee must be elected from the membership of the comr
(C) The committee shall meet quarterly and shall submit annually a report to the General Assembly on ;
monitored under the provisions of this section before March fifteenth. Staff support must come from ex
assigned by the committee.
(D) Members of the committee shall receive the usual per diem, subsistence, and mileage that is provids
for members of state boards, committees, and commissions. Per diem, subsistence, and mileage must be
the Hazardous Waste Management Research Fund.
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Legislative Printing, Information and Technology Systems
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South Carolina General Assembly
116th Session, 2005-2006
A123, R149, H3650
STATUS INFORMATION
General Bill
Sponsors: Reps. W.D. Smith, Hagood and McLeod
Document Path: l:\council\bills\nbd\11318ac05.doc
Introduced in the House on February 24, 2005
Introduced in the Senate on April 28, 2005
Passed by the General Assembly on May 31, 2005
Governor's Action: June 3, 2005, Signed
Summary: Brownsfield Voluntary Cleanup Program
HISTORY OF LEGISLATIVE ACTIONS
Date
Bodv
2/24/2005
House
2/24/2005
House
4/19/2005
House
4/19/2005
House
4/26/2005
House
4/27/2005
House
4/28/2005
Senate
4/28/2005
Senate
5/25/2005
Senate
5/26/2005
Senate
5/31/2005
Senate
6/1/2005
6/3/2005
6/9/2005
6/9/2005
6/16/2005
Action Description with journal page number
Introduced and read first time HJ-44
Referred to Committee on Judiciary HJ-44
Member(s) request name added as sponsor: McLeod
Committee report: Favorable Judiciary HJ-63
Read second time HJ-120
Read third time and sent to Senate HJ-25
Introduced and read first time SJ-12
Referred to Committee on Medical Affairs SJ-12
Committee report: Favorable Medical Affairs SJ-30
Read second time SJ-317
Read third time and enrolled SJ-25
Ratified R 149
Signed By Governor
Copies available
Effective date See Act for Effective Date
Act No. 123
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
2/24/2005
4/19/2005
5/25/2005
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(A123, R149, H3650)
AN ACT TO AMEND SECTION 44-56-750, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO THE
BROWNFIELDS VOLUNTARY CLEANUP PROGRAM AND
CONTRACT REQUIREMENTS ENTERED INTO BY OR ON
BEHALF OF A NONRESPONSIBLE PARTY, SO AS TO
PROVIDE THAT A NONRESPONSIBLE PARTY IS NOT
LIABLE FOR THIRD PARTY CLAIMS AND TO FURTHER
SPECIFY TO WHOM THIS LIMITATION OF LIABILITY
APPLIES.
Be it enacted by the General Assembly of the State of South Carolina:
Brownfield voluntary cleanup program; nonresponsible party
contracts and liability
SECTION 1. Section 44-56-750 of the 1976 Code is amended by
adding at the end:
"(H)(1) A nonresponsible party is not liable to any third-party for
contribution, equitable relief, or claims for damages arising from a
release of contaminants which is the subject of a response action
included in the nonresponsible party voluntary cleanup contract
provided for in this section.
(2) This limitation of liability commences on the date of
execution of the nonresponsible party voluntary cleanup contract by the
department; however, this limitation must be withdrawn automatically
if the nonresponsible party voluntary cleanup contract is lawfully
terminated by any party.
This limitation applies only to:
(a) the parties to the nonresponsible party voluntary cleanup
contract and to the nonresponsible party's lenders, signatories, parents,
subsidiaries, and successors; and
(b) 'existing contamination', as defined in the nonresponsible
party voluntary cleanup contract.
This limitation of liability does not apply to any release caused by or
attributable to the nonresponsible party or its lenders, signatories,
parents, subsidiaries, or successors."
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Time effective
SECTION 2. This act takes effect upon approval by the Governor and
applies to nonresponsible party voluntary cleanup contracts entered into
pursuant to Section 44-56-750 of the 1976 Code on or after this act's
effective date.
Ratified the 1st day of June, 2005.
Approved the 3rd day of June, 2005.
2
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South Carolina
Contact: Gail Rawls Jeter, Brownfields Coordinator
Address: South Carolina Department of Health and
Environmental Control (DHEC)
Bureau of Land and Waste Management
2600 Bull Street
Columbia, SC 29201
Phone: 803 896 4069
Fax: 803 896 4001
Email: jetergr@dhec.sc.gov
Web site: http://www.scdhec.net/lwm/html/site.html
Program Description
(VCP, brownfields, or related)
South Carolina's Voluntary Cleanup Program (VCP),
established in 1988, is a component of the hazardous
substance cleanup program. In 1995, South Carolina's VCP
was expanded and enhanced to incorporate a brownfields
component. All sites are eligible to participate with the
exception of petroleum-only sites, National Priorities List
(NPL) sites, and parties under enforcement action.
Incentives for participation include covenants not to sue for
successful completion of work for responsible parties (RPs)
and state Superfund liability protection and contribution
protection for non-responsible parties (non-RPs). This
protection is assignable to future owners and operators as
long as they are able to certify that they are non-RPs for the
site. Financial incentives are also available for non-RPs
who participate in the VCP.
The state's brownfields program is included in the VCP, and
is the non-RP portion of the VCP. Criteria for inclusion are
the same as those under the voluntary program. Cleanup
standards are also identical to those of the VCP, although
non-RPs are not necessarily required to remediate sites to
the extent that RPs must. Non-RPs are required to take
reasonable steps to stop continuing releases and to clean
up the property for its intended future use. Incentives for
participation in the program are the same as those listed for
the VCP above.
Brownfield definition: Brownfields are real property, the
expansion, redevelopment, or reuse of which may be
complicated by the presence or potential presence of a
hazardous substance, pollutant, or contaminant.
Program titles: Brownfields/Voluntary Cleanup Program
Liability relief provisions: The VCP provides state
Superfund liability protection for non-RPs.
Financial incentives (grants, loans, tax provisions, etc.):
In 2002, the South Carolina legislature passed financial
incentives to encourage brownfields redevelopment as
amendments to the South Carolina Tax Code.
• If a non-RP spends at least $1,000,000 for cleanup
conducted pursuant to VCP, the investment
threshold requirement is met and the site is eligible
for fees in lieu of property taxes.
• $1,000 credit for each new full-time job created for
cleanup performed at a brownfields site by a non-
RP through a voluntary cleanup contract, in addition
to the current credits.
• Five-year property tax exemption at brownfields
sites at which a cleanup has been performed by a
non-RP through a voluntary cleanup contract with
county concurrence.
• Corporate income tax credit for expenses paid and
accrued by a non-RP performing a voluntary
cleanup—lesser of 50% or $50,000 in a taxable
year (unused credit up to $100,000 may be carried
forward for five years). An additional credit of 10% of
cleanup costs (not to exceed $50,000) is allowed in
the year that the cleanup is certified.
• Through an EPA grant, DHEC administers a
Brownfields Cleanup Revolving Loan Fund (RLF) of
$4,250,000 which offers low interest loans to non-
RPs for removal of hazardous substances at
brownfields redevelopment projects in the VCP.
• Through an EPA grant for Targeted Brownfields
Assessments, DHEC can perform limited
assessment of selected and EPA approved sites
that are publicly owned or have strong local
government support for redevelopment.
Legislative or program site eligibility
requirements: The eligibility requirements are set
forth in the South Carolina Hazardous Waste
Management Act, Article 7—Brownfields/Voluntary
Cleanup Program, South Carolina Code of Laws,
Section 44-56-710 et. seq.
Financial Elements
Assessment and cleanup funding (source, amount,
relationship toVCP/brownfields programs,
application process, eligibility requirements,
dedication to special types of sites such as
petroleum, dry cleaners, abandoned drug labs,
etc.): For brownfields sites, DHEC administers a grant
for Targeted Brownfields Assessments as well as for a
Brownfields Cleanup RLF. This financial assistance for
assessment and removal is outlined in financial
incentives above.
The South Carolina General Assembly created the Dry
Cleaning Restoration Trust Fund (DCRTF) in 1995. The
DCRTF money is collected from participating dry
cleaners through annual fees, solvent surcharges, and
special add-on sales taxes. Depending on the solvent
type and the years of operation, some currently
operating dry cleaning plants are allowed to opt out of
participation in the Fund. The DCRTF can only be used
at participating dry cleaning plants that meet specific
eligibility criteria specified by law. Eligibility for the
An Update from the States
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South Carolina
Fund transfers with the property. The fund may be used at
former dry cleaning plants only if all RPs have participated
in the Fund for all of their operating plants. All DCRTF
assessment and remediation activities are performed by the
DHEC subject to a priority score assigned to the site. Lower
priority sites may be redeveloped without restraints as long
as the DHEC is granted access to the site in the future for
assessment and remediation once higher priority sites have
been addressed.
South Carolina has created two state funds to assist
owners and operators in meeting their financial obligations
to address petroleum releases from Underground Storage
Tanks (USTs).The State Underground Petroleum
Environmental Response Bank (SUPERB) fund is used for
the usual and customary costs for site rehabilitation of
releases. The SUPERB Financial Responsibility fund is
used for compensating third parties for actual costs for
injury and property damage caused by a petroleum release.
The funding source is a half-cent per gallon environmental
impact fee assessed on petroleum. The maximum payout
from the state fund is $1,000,000 per occurrence, and a
deductible of $25,000 must be met before the state fund
can be used. All releases must be qualified to receive state
funds, and state statute requires that all costs for site
rehabilitation receive prior approval from the UST Program
and work be performed by a state certified contractor. Non-
RPs can participate in the state program.
Tax incentives (abatements, credits, etc.): For
brownfields sites, financial incentives are available for non-
RPs who have entered into theVCP.
Those incentives include:
• State corporate income tax credit for expenses incurred
by a taxpayer in cleaning up a site.
• Jobs tax credit in the amount of an additional $1,000 to
established job tax credit.
• Property tax exemption, with county concurrence.
• Fees in lieu of property taxes, with a $1,000,000
threshold minimum.
Other forms of support (environmental insurance,
brownfields redevelopment authorities, etc.): No
information available
Program Elements
Technical Elements
Methods/standards/controls: No formal Risk-Based
Corrective Action (RBCA) process is in place for hazardous
substances; state generally uses EPA Region 9 Preliminary
Remediation Goals (PRGs) and EPA Soil Screening Levels
(SSLs) as remedial goals. Applicants can use PRGs and
SSLs, background concentrations, and site-specific
concentrations based on a site-specific risk assessment.
The UST Program uses a risk-based process in making
decisions concerning corrective action for releases of
petroleum products from regulated USTs.The requirements
for the risk-based corrective action process are established
by state statute and regulations.
Contaminants covered/excluded: Under South Carolina's
Brownfields/VCP law, hazardous substances are
addressed, but not petroleum. Asbestos and lead-based
paint can be addressed if there is an environmental
exposure. Polychlorinated biphenyls (PCBs) are included
as hazardous substances. Petroleum is addressed through
the UST Program or through DHEC's Bureau of Water,
depending on the source of the contamination.
Use of long-term stewardship and institutional controls
(tracking, oversight, monitoring, reopeners): South
Carolina has a long-term stewardship (LTS) program for its
state voluntary, brownfields, and Resource Conservation
Recovery Act (RCRA) programs. South Carolina maintains
a database that tracks institutional controls at cleanup sites.
Sites where institutional controls have been implemented
are reviewed every five years and more frequently,
depending on site-specific conditions. Parties owning
brownfields/VCP sites that are not cleaned up for
unrestricted use (residential standards for soils and
Maximum Contaminant Levels for ground water) must enter
into a Restrictive Covenant with DHEC. This document
clearly delineates the restrictions placed on the property
and is noticed on the deed. Brownfields/VCP sites that are
worked on during each year and that have determined land
use controls are so noted on the Public Record available at
http://www.scdhec.net/lwm/html/public_record.html.
Management & Implementation Elements
Voluntary Cleanup Program MOA with EPA: No
Costs to enter program or fees for service: There is no
application fee to enter into the VCP; however, RPs and
non-RPs must pay oversight costs.
Funding source for administrative costs and staff: State
oversight costs are funded by participants in the VCP.
Additionally, funding is provided by EPA through its
CERCLA 128(a) State and Tribal Response Program Grant
to South Carolina.
Cleanup Activities
Sites currently in VCP: South Carolina keeps a list of the
sites currently in the VCP.
Sites completed under VCP: South Carolina keeps a list
of the sites that have completed cleanup under the VCP.
Benefits (incentives to participate in theVCP, covenants
not to sue, etc.): The protections provided by participating
in the VCP, as well as the financial incentives, are outlined
above. In addition, the state has seen much benefit from its
brownfields redevelopment program in that 70 properties
have been redeveloped as of December 31, 2004. These
redevelopments include two greenspaces, several housing
developments, and numerous mixed use (commercial,
residential, and greenspace) developments with the
primary redeveloped use as commercial.
68
State Brownfields and Voluntary Response Programs:
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Public Participation
Public participation requirements (notice, comment
periods, etc.): To provide notice to and an opportunity for
community involvement, the following components are
included for public participation:
• Notify citizens of proposed contract by placing a notice
of the Department's decision to enter into a voluntary
cleanup contract in the local newspaper.
• Hold a 30-day public comment period on the contract
that would begin on the date the notice is in newspaper.
Public participation activities (hearing, meetings, etc.):
The following components are also included for public
participation:
• Hold a public meeting, if requested or deemed
necessary.
• Non-RP must post a sign on the site stating: contact
name, address, and telephone number.
Statutory Authorities
The Hazardous Waste Management Act, South Carolina
Code Ann. §44-56-10 et seq., establishes general
enforcement authority, a cleanup fund, and provisions
governing contaminated property transfer. Article 7 of the
statute establishes the brownfields and voluntary cleanup
programs. Article 4 is the Dry Cleaning Facility Restoration
Trust Fund. It provides authority for a cleanup fund and a
priority list.
An Update from the States
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