Terms Used In South Carolina Code > Title 51 > Chapter 18 - War Between the States Heritage Trust Program

• Ambulance: means a vehicle maintained or operated by a licensed provider who has obtained the necessary permits and licenses for the transportation of persons who are sick, injured, wounded, or otherwise incapacitated. See South Carolina Code 44-61-20
• 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.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attendant: means a trained and qualified individual responsible for the operation of an ambulance and the care of the patients, regardless of whether the attendant also serves as driver. See South Carolina Code 44-61-20
• Authorized agent: means any individual designated to represent the department. See South Carolina Code 44-61-20
• Board: means the governing body of the Department of Health and Environmental Control or its designated representative. See South Carolina Code 44-61-20
• CERCLA: means the Comprehensive Environmental Response, Compensation and Liability Act and its amendments, 42 U. See South Carolina Code 44-56-720
• Certificate: means official acknowledgment by the department that an individual has completed successfully one of the appropriate emergency medical technician training courses referred to in this article in addition to completing successfully the requisite examinations, which entitles that individual to perform the functions and duties as delineated by the classification for which the certificate was issued. See South Carolina Code 44-61-20
• 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.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contaminant: includes , but is not limited to, any element, substance, compound, or mixture, including disease-causing agents, which after release into the environment and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions, including malfunctions in reproduction, or physical deformations, in organisms or their offspring; "contaminant" does not include petroleum, including crude oil or any fraction of crude oil, which is not otherwise specifically listed or designated as a hazardous substance under subparagraphs (A) through (F) of paragraph (14) of CERCLA, Section 101, 42 U. See South Carolina Code 44-56-720
• Contamination: means impact by a contaminant, petroleum, or petroleum product. See South Carolina Code 44-56-720
• 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.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 44-56-720
• Department: means the administrative agency known as the Department of Health and Environmental Control. See South Carolina Code 44-61-20
• 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
• 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.
• Director: means the director of the department or his authorized agent. 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
• Driver: means an individual who drives or otherwise operates an ambulance. See South Carolina Code 44-61-20
• Emergency medical service system: means the arrangement of personnel, facilities, and equipment for the delivery of health care services under emergency conditions. See South Carolina Code 44-61-20
• Emergency transport: means services and transportation provided after the sudden onset of a medical condition manifesting itself by acute symptoms of such severity including severe pain that the absence of medical attention could reasonably be expected to result in the following:
  
  (a) placing the patient's health in serious jeopardy;
  
  (b) causing serious impairment to bodily functions;
  
  (c) causing serious dysfunction of bodily organ or part; or
  
  (d) a situation that resulted from an accident, injury, acute illness, unconsciousness, or shock, for example, required oxygen or other emergency treatment, required the patient to remain immobile because of a fracture, stroke, heart attack, or severe hemorrhage. See South Carolina Code 44-61-20
• 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}
• 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.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• 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.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grantor: The person who establishes a trust and places property into it.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• 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
• 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.
• License: means an authorization to a person, firm, corporation, or governmental division or agency to provide emergency medical services in the State. See South Carolina Code 44-61-20
• Licensee: means any person, firm, corporation, or governmental division or agency possessing authorization, permit, license, or certification to provide emergency medical service in this State. See South Carolina Code 44-61-20
• Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
• Nonresponsible party: means any party which is neither:
  
  (i) a responsible party at the time the voluntary cleanup contract is signed, including lenders, economic development agencies, fiduciaries, trustees, executors, administrators, custodians, subsequent holders of a security interest; nor
  
  (ii) a parent, subsidiary of, or successor to a responsible party. See South Carolina Code 44-56-720
• 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.
• Oversight: Committee review of the activities of a Federal agency or program.
• Oversight costs: means those costs, both direct and indirect, incurred by the department in implementing the voluntary cleanup program. See South Carolina Code 44-56-720
• 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.
• Patient: means an individual who is sick, injured, wounded, or otherwise incapacitated or helpless. See South Carolina Code 44-61-20
• 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
• Permit: means an authorization issued for an ambulance vehicle which meets the standards adopted pursuant to this article. See South Carolina Code 44-61-20
• Personal property: All property that is not real property.
• petroleum product: means crude oil or any fraction of crude oil which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14. See South Carolina Code 44-56-720
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Property: means that portion of the site which is subject to the ownership, prospective ownership, or possessory or contractual interest of a responsible party or a nonresponsible party. See South Carolina Code 44-56-720
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• 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.
• Response action: means any assessment, cleanup, inspection, or closure of a site as necessary to remedy actual or potential damage to public health, public welfare, or the environment. See South Carolina Code 44-56-720
• Responsible party: means :
  
  (a) the owner and operator of a vessel or a facility, as these terms are defined in CERCLA;
  
  (b) any person who at the time of disposal of any hazardous substance owned or operated any facility at which such hazardous substances were disposed of, as these terms are defined in CERCLA;
  
  (c) any person who by contract, settlement, or otherwise arranged for disposal or treatment or arranged with a transporter for transport for disposal or treatment of hazardous substances owned or possessed by such person, by any other party or entity, at any facility or incineration vessel owned or operated by another party or entity and containing such hazardous substances, as these terms are defined in CERCLA; and
  
  (d) any person who accepts or accepted any hazardous substances for transport to disposal or treatment facilities, incineration vessels, or sites selected by such person, from which there is a release or a threatened release which causes the incurrence of response costs of a hazardous substance, as such terms are defined in CERCLA; and
  
  (e) any person who owns or operates or who owned or operated an above ground or underground storage tank from which petroleum or petroleum products have been released or who owns and operates or who owned or operated a property on which a petroleum release has occurred; however, the exemptions of § 44-2-80(B) and (C) apply. See South Carolina Code 44-56-720
• Revocation: means that the department has permanently voided a license or certificate and the holder no longer may perform the function associated with the license, or certificate. See South Carolina Code 44-61-20
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Site: means all areas where a contaminant, petroleum, or petroleum product has been released, deposited, stored, disposed of, or placed or otherwise comes to be located; "site" does not include any consumer product in consumer use or any vessel. See South Carolina Code 44-56-720
• Standards: means the required measurable components of an emergency medical service system having permanent and recognized value that provide adequate emergency health care delivery. See South Carolina Code 44-61-20
• State Medical Control Physician: means a physician who shall be contracted with the department to oversee all medical aspects of the EMS Program. See South Carolina Code 44-61-20
• 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
• Suspension: means that the department has temporarily voided a license, permit, or certificate and the holder may not perform the function associated with the license, permit, or certificate until the holder has complied with the statutory requirements and other conditions imposed by the department. See South Carolina Code 44-61-20
• Transport: means the movement of hazardous wastes from the point of generation to any intermediate points and finally to the point of ultimate treatment, storage or disposal. 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
• Trustee: A person or institution holding and administering property in trust.
• Voluntary cleanup: means a response action taken under and in compliance with this article. See South Carolina Code 44-56-720
• Voluntary cleanup contract: means a contract entered into between the department and a responsible or nonresponsible party to conduct a voluntary cleanup. See South Carolina Code 44-56-720