Terms Used In South Carolina Code > Title 44 > Chapter 56 > Article 4 - Drycleaning Facility Restoration Trust Fund

• Board: means the South Carolina Board of Health and Environmental Control which is charged with responsibility for implementation of the Hazardous Waste Management Act. See South Carolina Code 44-56-20
• Contaminated site: means any drycleaning facility or wholesale supply facility and surrounding area where drycleaning solvent has been deposited, stored, disposed of, released, placed, or otherwise come to be located; but does not include any consumer product in consumer use or any container. See South Carolina Code 44-56-410
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Department: means the Department of Health and Environmental Control. See South Carolina Code 44-56-410
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dry drop-off facility: means a commercial retail business (including routes) that receives clothing and other fabrics, from customers, for drycleaning or laundering at an off-site drycleaning facility. See South Carolina Code 44-56-410
• Drycleaning facility: includes laundry facilities that are using or have used drycleaning solvent as part of their cleaning process but does not include textile mills, uniform rental and linen supply facilities, or drycleaning facilities owned or operated by a local, state, or federal government. See South Carolina Code 44-56-410
• Drycleaning solvent: includes solvent that has been recycled for use at a drycleaning facility and applies only to those solvents used at a drycleaning facility or handled by a wholesale supply facility. See South Carolina Code 44-56-410
• Employee: means a natural person employed and paid by the owner of a drycleaning facility for thirty-five or more hours a week for forty-five or more weeks a year and on whose behalf the owner contributes payments to the South Carolina Department of Employment and Workforce or Department of Revenue as required by law. See South Carolina Code 44-56-410
• 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.
• Existing drycleaning facility: means a drycleaning facility that started operation before November 24, 2004. See South Carolina Code 44-56-410
• Former drycleaning facility: means a drycleaning facility that ceased to be operated as a drycleaning facility before July 1, 1995. See South Carolina Code 44-56-410
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• Fund: means Drycleaning Facility Restoration Trust Fund. See South Carolina Code 44-56-410
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Halogenated drycleaning fluid: means any nonaqueous solvent formulated, in whole or in part, with ten percent or more by volume of any of the halogenated compounds including, but not limited to, chlorine, bromine, fluorine, or iodine. See South Carolina Code 44-56-410
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• New drycleaning facility: means a drycleaning facility that started operation on or after November 24, 2004. See South Carolina Code 44-56-410
• Nonaqueous solvent: means any cleaning formulation designed to minimize swelling of fabric fibers and containing less than fifty-one percent of water by volume. See South Carolina Code 44-56-410
• Nonhalogenated drycleaning fluid: means any nonaqueous solvent used in a drycleaning facility that contains less than ten percent by volume of any halogenated drycleaning fluid. See South Carolina Code 44-56-410
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Permit: means the process by which the department can ensure cognizance of, as well as control over the management of hazardous wastes. See South Carolina Code 44-56-20
• Person: means an individual, partnership, corporation, association, trust, estate, receiver, company, limited liability company, or another entity or group. See South Carolina Code 44-56-410
• Property owner: means a person who is vested with ownership, dominion, or legal or rightful title to the real property or who has a ground lease interest in the real property on which a drycleaning or wholesale supply facility is or has ever been located. See South Carolina Code 44-56-410
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Release: means the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment of drycleaning solvent. See South Carolina Code 44-56-410
• Storage: means the actual or intended containment of wastes, either on a temporary basis or for a period of years, in such manner as not to constitute disposal of such hazardous wastes. See South Carolina Code 44-56-20
• Treatment: means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste, so as to neutralize such waste or so as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, reduced in volume, or suitable for final disposal. See South Carolina Code 44-56-20
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• Wholesale supply facility: means a commercial establishment that supplies drycleaning solvent to drycleaning facilities. See South Carolina Code 44-56-410