Terms Used In South Carolina Code > Title 44 > Chapter 96 - South Carolina Solid Waste Policy and Management Act

• Advanced recycling: means manufacturing processes that convert post-use polymers and recovered feedstocks into basic hydrocarbon raw materials, feedstocks, chemicals, waxes, lubricants, and other products through processes that include pyrolysis, gasification, depolymerization, solvolysis, catalytic cracking, reforming, hydrogenation, and other similar technologies. See South Carolina Code 44-96-40
• Advanced recycling facility: means a manufacturing facility that receives, separates, stores, and converts the post-use polymers and recovered feedstocks it receives using advanced recycling. See South Carolina Code 44-96-40
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Beverage: means beer or malt beverages, mineral water, soda water, and similar carbonated soft drinks in liquid form, and all other liquids intended for human consumption, except for liquids marketed for and intended for consumption for medicinal purposes. See South Carolina Code 44-96-40
• Beverage container: means the individual, separate, and sealed glass, aluminum or other metal, or plastic bottle, can, jar, or carton containing beverage intended for human consumption. See South Carolina Code 44-96-40
• Board: means the South Carolina Board of Occupational Therapy. See South Carolina Code 40-36-20
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• 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
• Construction and demolition debris: means discarded solid wastes resulting from construction, remodeling, repair and demolition of structures, road building, and land clearing. See South Carolina Code 44-96-40
• 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.
• County solid waste management plan: means a solid waste management plan prepared, approved, and submitted by a single county pursuant to § 44-96-80. See South Carolina Code 44-96-40
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the Department of Labor, Licensing and Regulation;
  
  (5) "Director" means the Director of the Department of Labor, Licensing and Regulation or the director's official designee;
  
  (6) "Licensee" means a person granted an authorization to practice pursuant to this article and refers to a person holding a license, permit, certification, or registration granted pursuant to this article;
  
  (7) "Licensing act" means the individual statute or regulations, or both, of each regulated profession or occupation which include, but are not limited to, board governance, the qualifications and requirements for authorization to practice, prohibitions, and disciplinary procedures;
  
  (8) "Person" means an individual, partnership, or corporation;
  
  (9) "Profession" or "occupation" means a profession or occupation regulated or administered, or both, by the department pursuant to this article. See South Carolina Code 40-1-20
• Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 44-96-40
• Depolymerization: means a manufacturing process at an advanced recycling facility where post-use polymers are broken into smaller molecules such as monomers and oligomers or raw, intermediate, or final products, plastics and chemical feedstocks, basic and unfinished chemicals, crude oil, naphtha, liquid transportation fuels, waxes, lubricants, coatings, and other basic hydrocarbons. See South Carolina Code 44-96-40
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• 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
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• 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
• 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}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• 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.
• Ex officio: Literally, by virtue of one's office.
• 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
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Gasification: means a manufacturing process at an advanced recycling facility through which recovered feedstocks are heated and converted into a fuel-gas mixture in an oxygen-deficient atmosphere and the mixture is converted to crude oil, diesel, gasoline, home heating oil or other fuels, chemicals, waxes, lubricants, chemical feedstocks, diesel and gasoline blendstocks, or other raw materials or intermediate or final products that are returned to the economic mainstream in the form of raw materials, products, or fuels. See South Carolina Code 44-96-40
• Generation: means the act or process of producing 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
• Hazardous waste: has the meaning provided in § 44-56-20 of the South Carolina Hazardous Waste Management Act. See South Carolina Code 44-96-40
• Incineration: means the use of controlled flame combustion to thermally break down solid, liquid, or gaseous combustible wastes, producing residue that contains little or no combustible materials. See South Carolina Code 44-96-40
• Industrial waste: means solid waste that results from industrial processes including, but not limited to, factories and treatment plants. See South Carolina Code 44-96-40
• Infectious waste: has the meaning given in § 44-93-20 of the South Carolina Infectious Waste Management Act. 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
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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.
• 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
• Materials Recovery Facility: means a solid waste management facility that provides for the extraction from solid waste of recoverable materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials. 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
• Occupational therapist: means a person licensed to practice occupational therapy. See South Carolina Code 40-36-20
• Occupational therapy: means the functional evaluation and treatment of individuals whose ability to cope with the tasks of living are threatened or impaired by developmental deficits, the aging process, poverty and cultural differences, physical injury or illness, or psychological or social disability. See South Carolina Code 40-36-20
• 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
• Oversight: Committee review of the activities of a Federal agency or program.
• 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.
• 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
• Plastic bottle: means a plastic container intended for single use, which has a neck that is smaller than the body of the container, accepts a screw-type, snap cap, or other closure, and has a capacity of sixteen fluid ounces or more, but less than five gallons. See South Carolina Code 44-96-40
• Plastic container: means any container having a wall thickness of not less than one one-hundredth of an inch used to contain beverages, foods, or nonfood products and composed of synthetic polymeric materials. See South Carolina Code 44-96-40
• Post-use polymer: means a plastic polymer that is not solid waste when the following apply:
  
  (a) it is derived from any industrial, commercial, agricultural, or domestic activities;
  
  (b) its use or intended use is to manufacture crude oil, fuels, feedstocks, blendstocks, raw materials, or other intermediate products or final products using advanced recycling;
  
  (c) it may contain incidental contaminants or impurities, such as paper labels or metal rings; and
  
  (d) it is processed at an advanced recycling facility or held at an advanced recycling facility prior to processing. See South Carolina Code 44-96-40
• Pyrolysis: means a manufacturing process at an advanced recycling facility through which post-use polymers or recovered feedstock are heated in the absence of oxygen until melted and thermally decomposed and are then cooled, condensed, and converted to crude oil, diesel, gasoline, home heating oil or other fuels, chemicals, waxes, lubricants, chemical feedstocks, diesel and gasoline blendstocks, or other raw materials or intermediate or final products that are returned to the economic mainstream in the form of raw materials, products, or fuels. See South Carolina Code 44-96-40
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Recovered feedstock: means one or more of the following materials that has been processed so that it may be used as feedstock in an advanced recycling facility:
  
  (i) post-use polymers;
  
  (ii) materials for which the United States Environmental Protection Agency has made a nonwaste determination under 40 C. 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
• Recovered Materials Processing Facility: means a facility engaged solely in the recycling, storage, processing, and resale or reuse of recovered materials. 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
• Regional solid waste management plan: means a solid waste management plan prepared, approved, and submitted by a group of counties in South Carolina pursuant to § 44-96-80. See South Carolina Code 44-96-40
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• 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
• Resource recovery facility: means a combination of structures, machinery, or devices utilized to separate, process, modify, convert, treat, or prepare collected solid waste so that component materials or substances or recoverable resources may be used as a raw material or energy source. 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 facility: means any solid waste disposal area, volume reduction plant, transfer station, or other facility, the purpose of which is the storage, collection, transportation, treatment, utilization, processing, recycling, or disposal, or any combination thereof, of solid waste. See South Carolina Code 44-96-40
• Solid Waste Management Grant Program: means the grant program established and administered by the Office of Solid Waste Reduction and Recycling pursuant to § 44-96-130. 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
• Solvolysis: means a manufacturing process at an advanced recycling facility through which post-use plastics are reacted with the aid of solvents while heated at low temperatures or pressurized to make useful products, while allowing additives and contaminants to be separated. See South Carolina Code 44-96-40
• Source reduction: means the reduction of solid waste before it enters the solid waste stream by methods such as product redesign or reduced packaging. See South Carolina Code 44-96-40
• Source separation: means the act or process of removing a particular type of recyclable material from other waste at the point of generation or under control of the generator for the purposes of collection, disposition, and recycling. See South Carolina Code 44-96-40
• Specific wastes: means solid waste which requires separate management provisions, including plastics, used oil, waste tires, lead-acid batteries, yard trash, compost, and white goods. 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
• State solid waste management plan: means the plan which the Department of Health and Environmental Control is required to submit to the General Assembly and to the Governor pursuant to § 44-96-60. See South Carolina Code 44-96-40
• Statute: A law passed by a legislature.
• 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 collection facility: means a permitted facility used for the storage of waste tires or processed tires before recycling, processing, or disposal. See South Carolina Code 44-96-40
• Waste tire disposal facility: means a permitted facility where processed waste tires are placed on the land in a manner which constitutes disposal. See South Carolina Code 44-96-40
• Waste tire hauler: means a person engaged in the picking up or transporting of waste tires for the purpose of storage, processing, or disposal. 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
• Waste tire treatment site: means a permitted site used to produce or manufacture usable materials, including fuel, from waste tires. See South Carolina Code 44-96-40
• Waters of the State: means lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial limits, and all other bodies of surface or underground water, natural or artificial, public or private, inland or coastal, fresh or salt, which are wholly or partially within or bordering the State or within its jurisdiction. 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