Terms Used In South Carolina Code > Title 52 > Chapter 21 - Ice or Roller Skating Liability Immunity

• Collection: means the act of picking up solid waste materials from homes, businesses, governmental agencies, institutions, or industrial sites. See South Carolina Code 44-96-40
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Compost: means the humus-like product of the process of composting waste. See South Carolina Code 44-96-40
• Composting facility: means any facility used to provide aerobic, thermophilic decomposition of the solid organic constituents of solid waste to produce a stable, humus-like material. See South Carolina Code 44-96-40
• Contract: A legal written agreement that becomes binding when signed.
• Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 44-96-40
• Discharge: means the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying, or dumping of solid waste, including leachate, into or on any land or water. See South Carolina Code 44-96-40
• Disposal: means the discharge, deposition, injection, dumping, spilling or placing of any solid waste into or on any land or water, so that the substance or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwater. See South Carolina Code 44-96-40
• Energy recovery: means the beneficial use, reuse, recycling, or reclamation of solid waste through the use of the waste to recover energy therefrom. See South Carolina Code 44-96-40
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Facility: means all contiguous land, structures, other appurtenances and improvements on the land used for treating, storing, or disposing of solid waste. See South Carolina Code 44-96-40
• Groundwater: means water beneath the land surface in the saturated zone. See South Carolina Code 44-96-40
• Inherent risk of skating: means those dangers or risks which are an integral part of ice or roller skating including, but not limited to, injuries which result from contact with other skaters or spectators, injuries which result from falls caused by loss of balance, and injuries which involve objects or artificial structures properly within the intended path of travel of the skater. See South Carolina Code 52-21-10
• Land-clearing debris: means solid waste which is generated solely from land-clearing activities, but does not include solid waste from agricultural or silvicultural operations. See South Carolina Code 44-96-40
• Landfill: means a disposal facility or part of a facility where solid waste is placed in or on land, and which is not a land treatment facility, a surface impoundment, or an injection well. See South Carolina Code 44-96-40
• Lead-acid battery: means any battery that consists of lead and sulfuric acid, is used as a power source, and has a capacity of six volts or more, except that this term shall not include a small sealed lead-acid battery which means a lead-acid battery weighing twenty-five pounds or less, used in non-vehicular, non-SLI (start lighting ignition) applications. See South Carolina Code 44-96-40
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Local government: means a county, any municipality located wholly or partly within the county, and any other political subdivision located wholly or partly within the county when such political subdivision provides solid waste management services. See South Carolina Code 44-96-40
• Municipal solid waste landfill: means any sanitary landfill or landfill unit, publicly or privately owned, that receives household waste. See South Carolina Code 44-96-40
• Office: means the Office of Solid Waste Reduction and Recycling established within the Department of Health and Environmental Control pursuant to § 44-96-110. See South Carolina Code 44-96-40
• Operator: means a person or entity who owns, manages, controls or directs, or who has operational responsibility for an ice or roller skating rink. See South Carolina Code 52-21-10
• Person: means an individual, corporation, company, association, partnership, unit of local government, state agency, federal agency, or other legal entity. See South Carolina Code 44-96-40
• Recovered materials: means those materials which have known use, reuse, or recycling potential; can be feasibly used, reused, or recycled; and have been diverted or removed from the solid waste stream for sale, use, reuse, or recycling, whether or not requiring subsequent separation and processing. See South Carolina Code 44-96-40
• Recyclable material: means those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste. See South Carolina Code 44-96-40
• Recycling: means any process by which materials which would otherwise become solid waste are collected, separated, or processed and reused or returned to use in the form of raw materials or products (including composting). See South Carolina Code 44-96-40
• Region: means a group of counties in South Carolina which is planning to or has prepared, approved, and submitted a regional solid waste management plan to the department pursuant to § 44-96-80. See South Carolina Code 44-96-40
• Resource recovery: means the process of obtaining material or energy resources from solid waste which no longer has any useful life in its present form and preparing the waste for recycling. See South Carolina Code 44-96-40
• Reuse: means the return of a commodity into the economic stream for use in the same kind of application as before without change in its identity. See South Carolina Code 44-96-40
• Secondary lead smelter: means a facility which produces metallic lead from various forms of lead scrap, including used lead-acid batteries. See South Carolina Code 44-96-40
• Skater: means a person wearing ice skates while in an ice skating rink or roller skates in a roller skating rink for the purpose of recreational or competitive skating without regard to whether the person paid consideration. See South Carolina Code 52-21-10
• Skating rink: means a building, facility, or premises which provides an area specifically designed to be used by the public for recreational or competitive ice or roller skating. See South Carolina Code 52-21-10
• Solid waste: means any garbage, refuse, or sludge from a waste treatment facility, water supply plant, or air pollution control facility and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations and from community activities. See South Carolina Code 44-96-40
• Solid waste disposal facility: means any solid waste management facility or part of a facility at which solid waste is intentionally placed into or on any land or water and at which waste will remain after closure. See South Carolina Code 44-96-40
• Solid waste management: means the systematic control of the generation, collection, source separation, storage, transportation, treatment, recovery, and disposal of solid waste. See South Carolina Code 44-96-40
• Solid Waste Management Trust Fund: means the trust fund established within the Department of Health and Environmental Control pursuant to § 44-96-120. See South Carolina Code 44-96-40
• Spectator: means an invitee who is present in a skating rink but is not wearing ice or roller skates. See South Carolina Code 52-21-10
• Storage: means the containment of solid waste, either on a temporary basis or for a period of years, in such manner as not to constitute disposal of such solid waste; provided, however, that storage in containers by persons of solid waste resulting from their own activities on their property, leased or rented property, if the solid waste in such containers is collected at least once a week, shall not constitute "storage" for purposes of this chapter. See South Carolina Code 44-96-40
• Surface water: means lakes, bays, sounds, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within territorial limits, and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private. See South Carolina Code 44-96-40
• Tire: means the continuous solid or pneumatic rubber covering encircling the wheel of a motor vehicle, trailer, or motorcycle as defined in § 56-3-20(2), (4), and (13). See South Carolina Code 44-96-40
• Tire retailing business: means the retail sale of tires in any quantity for any use or purpose by the purchaser other than for resale. See South Carolina Code 44-96-40
• Transport: means the movement of solid waste from the point of generation to any intermediate point and finally to the point of ultimate processing, treatment, storage, or disposal. See South Carolina Code 44-96-40
• Transporter: means a person engaged in the off-site transportation of solid waste by air, rail, highway, or water. See South Carolina Code 44-96-40
• Treatment: means any technique designed to change the physical, chemical, or biological character or composition of any solid waste so as to render it safe for transport, amenable to storage, recovery, or recycling, safe for disposal, or reduced in volume or concentration. See South Carolina Code 44-96-40
• Used oil: means oil that has been refined from crude oil or synthetic oil and that has been used and, as a result of that use, is contaminated by physical or chemical impurities. See South Carolina Code 44-96-40
• Used oil collection center: means a facility which, in the course of business, accepts used oil for subsequent disposal or recycling. See South Carolina Code 44-96-40
• Used oil energy recovery facility: means a facility that burns more than six thousand gallons of used oil annually for energy recovery. See South Carolina Code 44-96-40
• Used oil recycling facility: means a facility that recycles more than six thousand gallons of used oil annually. See South Carolina Code 44-96-40
• Waste tire: means a tire that is no longer suitable for its original intended purpose because of wear, damage, or defect. See South Carolina Code 44-96-40
• Waste tire processing facility: means a permitted facility where equipment is used to cut, shred, burn for volume reduction, or to otherwise alter whole waste tires. See South Carolina Code 44-96-40
• Waste tire recycling facility: means a permitted facility where waste tires are used as a fuel source or returned to use in the form of products or raw materials. See South Carolina Code 44-96-40
• Waste tire site: means an establishment, site, or place of business, without a collector or processor permit, that is maintained, operated, used, or allowed to be used for the disposal, storing, or depositing of unprocessed used tires, but does not include a truck service facility which meets the following requirements:
  
  (a) all vehicles serviced are owned or leased by the owner or operator of the service facility;
  
  (b) no more than two hundred waste tires are accumulated for a period of not more than thirty days at a time;
  
  (c) the facility does not accept any tires from sources other than its own; and
  
  (d) all waste tires are stored under a covered structure. See South Carolina Code 44-96-40
• White goods: include refrigerators, ranges, water heaters, freezers, dishwashers, trash compactors, washers, dryers, air conditioners, and commercial large appliances. See South Carolina Code 44-96-40
• Yard trash: means solid waste consisting solely of vegetative matter resulting from landscaping maintenance. See South Carolina Code 44-96-40