South Carolina Code 44-2-120. Use of contractors, subcontractors, and employees for rehabilitation or cleanup
(1) requirements for minimum knowledge and experience relating to the performance of site rehabilitation activities;
Terms Used In South Carolina Code 44-2-120
- Compensation: means billing the Superb Account for costs associated with site rehabilitation after receiving prior approval from the department and in accordance with regulations promulgated pursuant to this chapter and criteria established by the department as authorized by this chapter. See South Carolina Code 44-2-20
- Department: means the Department of Health and Environmental Control. See South Carolina Code 44-2-20
- Operator: means any person in control of, or having responsibility for the daily operation of an underground storage tank. See South Carolina Code 44-2-20
- Owner: means :
(a) in the case of an underground storage tank system in use on November 8, 1984, or brought into use after that date, a person who owns an underground storage tank system used for storage, use, or dispensing of regulated substances;
(b) in the case of any underground storage tank system in use before November 8, 1984, but no longer in use on that date, a person who owned such an underground storage tank immediately before the discontinuation of its use; or
(c) a person who has assumed legal ownership of the underground storage tank through the provisions of a contract of sale or other legally binding transfer of ownership. See South Carolina Code 44-2-20 - Person: means any individual, partner, corporation organized or united for a business purpose, or a governmental agency. See South Carolina Code 44-2-20
- Site rehabilitation: means cleanup actions taken in response to a release from an underground, storage tank which includes, but is not limited to, investigation, evaluation, planning, design, engineering, construction, or other services put forth to investigate or clean up affected subsurface soils, groundwater, or surface water. See South Carolina Code 44-2-20
- Site rehabilitation contractor: means any person who carries out site rehabilitation actions, including persons retained or hired by these persons to provide services related to site rehabilitation. See South Carolina Code 44-2-20
- Underground storage tank: means any one or combination of tanks, including underground pipes connected to it, which is used to contain an accumulation of regulated substance, and the volume of which is ten percent or more beneath the surface of the ground. See South Carolina Code 44-2-20
(2) requirements for types and minimum amounts of liability insurance to be maintained by approved contractors;
(3) requirements for public notice of requests for approval applications, evaluation of applications, and subsequent publication of a list of approved contractors;
(4) requirements for actions to be taken in the event that an approved contractor fails to maintain the approval;
(5) requirements for use of an owner or operator‘s personnel or equipment in performing site rehabilitation activities.
(B) The approval of a site rehabilitation contractor pursuant to this section in no way shall establish liability or responsibility on the part of the department or the State of South Carolina in regards to the services provided by the contractor or circumstances which may occur as a result of such services.
(C) Nothing in this chapter may be construed to prohibit an owner or operator of an underground storage tank from conducting site rehabilitation or cleanup through contractors, subcontractors, or qualified personnel employed by them. However, the department may prohibit from participating in site rehabilitation under this chapter any contractor or subcontractor or person who:
(1) is not a South Carolina registered professional geologist or engineer, or is not bonded or insured for the full costs of site rehabilitation;
(2) has had administrative or civil enforcement action under the provisions of this chapter taken against him within the last three years;
(3) has demonstrated repeated noncompliance with requirements for compensation established by the department under § 44-2-50(B);
(4) has demonstrated repeated inability to perform site rehabilitation in accordance with accepted industry standards;
(5) has failed to maintain the requirements necessary for approval as a site rehabilitation contractor under this section.