South Carolina Code 44-56-160. Hazardous Waste Contingency Fund; disposition of fees collected and earnings and interest
(B) Of the fees collected pursuant to § 44-56-170(C), (D), and (E), and credited to the contingency fund pursuant to § 44-56-175:
Terms Used In South Carolina Code 44-56-160
- Department: means the Department of Health and Environmental Control, including personnel thereof authorized by the board to act on behalf of the department or board. See South Carolina Code 44-56-20
- Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste into or on any land or water so that such 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 44-56-20
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Hazardous waste: means any waste, or combination of wastes, of a solid, liquid, contained gaseous, or semisolid form which because of its quantity, concentration, or physical, chemical, or infectious characteristics may in the judgment of the department:
a. See South Carolina Code 44-56-20 - Hazardous waste management: means the systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery, and disposal of hazardous wastes. See South Carolina Code 44-56-20
(1) thirteen percent must be held separate and distinct within the fund in a permitted site fund for the purpose of 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 governmental response actions at uncontrolled hazardous waste sites and for the purpose of response actions arising from 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 department pursuant to § 44-56-165;
(4) eighteen percent must be remitted to and expended by the Hazardous Waste Management Research Fund in accordance with § 44-56-810;
(5) two percent must be returned to the governing body of a county in which a permitted commercial land disposal facility is located.
(C) From the fees imposed by § 44-56-170(C) and (E) and credited to permitted sites pursuant to subsection (B), twenty-seven percent must be held separate and distinct within the fund for the purpose of being returned to the governing body of a county in which a permitted commercial land disposal facility is located. The funds returned to a county pursuant to this subsection or subsection (B) must be used by the local law enforcement, fire, health care, and emergency units to provide protection, assistance, and emergency preparedness for any contingency which might arise from the transportation and disposal site within the county. The county governing body, shall distribute the funds in an equitable manner to the involved local units including, but not limited to, municipalities and special purpose districts, as well as county entities. The State Treasurer shall disburse the funds quarterly to counties which contain commercial hazardous waste land disposal sites.
(D) From the fees imposed by § 44-56-170(C) and (E) and credited to uncontrolled sites and transportation accidents pursuant to subsection (B), five percent must be returned to and used by the governing body of the Town of Pinewood to fund the Pinewood Hazardous Waste Contingency Fund as established in § 44-56-163.
(E) All fees collected pursuant to § 44-56-170(D) must be credited to the fund for uncontrolled sites and transportation accidents.
(F) Of the fees collected pursuant to § 44-56-510 and credited to the contingency fund pursuant to § 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 credited to the Hazardous Waste Contingency Fund and is authorized for expenditure by the department to defray costs of governmental response actions at uncontrolled hazardous waste sites and for the purpose of response actions incidental to the transportation of hazardous materials, except earnings on the permitted site fund which must be credited to that fund, and earnings on the Pinewood Hazardous Waste Contingency Fund must be credited to that fund.