Terms Used In South Carolina Code > Title 44 > Chapter 96 > Article 2 - Solid Waste Management

• 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.
• 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}
• 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
• 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the South Carolina Department of Health and Environmental Control. 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}
• 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
• 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
• 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
• 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
• 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
• 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
• 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.
• 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
• 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
• 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
• 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
• 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