S.C. Code § 6-16-10
Short title
This chapter may be cited as the "Solid Waste Disposal—Resource Recovery Facilities Act".
South Carolina Code Title 6, Chapter 16 — Solid Waste Disposal Resource Recovery Facilities Act
South Carolina · statute · S.C. Code tit. 6, ch. 16 · 20 active provisions
S.C. Code § 6-16-20
Definitions
The following terms whenever used or referred to in this chapter shall have the following meanings unless a different meaning clearly appears from the context: (a) "Joint agency" means a public body and body corporate and politic organized in accordance with the provisions of this chapter. (b) "State" means the State o…
S.C. Code § 6-16-30
Powers of joint agency; action by single governing body
In addition to the powers granted to governing bodies, any two or more governing bodies may form a joint agency to plan, finance, develop, acquire, purchase, construct, reconstruct, improve, enlarge, own, lease, sell, operate or maintain a project situated within this State. Each governing body may severally make such…
S.C. Code § 6-16-40
Creation of joint agency; findings prerequisite to creation; notice
Any two or more governing bodies may by resolution or ordinance as appropriate determine that it is in the best interests of themselves and their residents to create a joint agency for the purpose of undertaking the planning, financing, development, acquisition, purchase, construction, reconstruction, improvement, enla…
S.C. Code § 6-16-50
Representatives to joint agency; application to Secretary of State; Secretary to examine application; corporate certificate; agency deemed valid
Upon fulfilling the requirements set forth in SECTION 6-16-40, each governing body which determines that its participation in the proposed joint agency is in its best interest shall by resolution appoint one representative to the proposed joint agency. Any two or more representatives shall file with the Secretary of St…
S.C. Code § 6-16-60
Board of directors; voting; election of chairman and other officers; quorum
(a) The management and control of a joint agency shall be vested in a board of directors. The governing body of each member of a joint agency shall appoint a representative who shall be a director of the joint agency. The representative may be an officer or employee of the member and may also serve ex officio as a memb…
S.C. Code § 6-16-70
Admission of new members to agency; withdrawal; notice of membership change
After the creation of a joint agency, any other governing body may become a member upon: (a) Adoption of a resolution or ordinance complying with the requirements of SECTION 6-16-40 including publication of notice; (b) Submission of an application to the joint agency; (c) Approval of such application by resolution of t…
S.C. Code § 6-16-80
Dissolution of agency
Whenever the board of directors of a joint agency and the governing body of each of its members shall by resolution or ordinance determine that the purposes for which the joint agency was formed have been substantially fulfilled and that all bonds issued and all other obligations incurred by the joint agency have been…
S.C. Code § 6-16-90
Executive committee
The board of directors of a joint agency may create an executive committee, the composition of which shall be set forth in the bylaws of the joint agency. The composition of the executive committee shall afford a fair representation of the members. The executive committee may exercise such powers during intervals betwe…
S.C. Code § 6-16-100
Rights and powers of joint agency
Each joint agency shall have all the rights and powers of a public body politic and corporate of this State, including, without limitation, all the rights and powers necessary or convenient to carry out and effectuate the provisions of this chapter, including but not limited to, rights and powers: (a) To adopt bylaws f…
S.C. Code § 6-16-105
Requirements for joint agency member to contract for solid waste services with joint agency
(A) A member of a joint agency may contract with the joint agency for the collection, transfer, and/or disposal of solid waste, the recovery of resources, including energy, from solid waste, the processing of solid waste or resources in order to facilitate disposal or recovery, or the sale of recovered resources. The c…
S.C. Code § 6-16-110
Agency may incur debt and issue bonds
A joint agency may incur debt for any of its purposes and may issue bonds pledging to the payment as to both principal and interest the revenues, or any portion, derived or to be derived from all or any of its projects and any additions and betterments or extensions or contributions or advances from its members.
S.C. Code § 6-16-120
Approval of governing bodies required for projects financed by bonds
No joint agency may undertake a project required to be financed, in whole or in part, with the proceeds of bonds without the approval of the governing bodies of each member contracting with the joint agency for services relating to the project.
S.C. Code § 6-16-130
Status of joint agency personnel; participation in South Carolina Retirement System
Personnel employed or appointed by a member to work for a joint agency shall have the same authority, rights, privileges and immunities (including coverage under the workmen's compensation laws) which the officers, agents and employees of the appointing member enjoy within the territory of that member whether within or…
S.C. Code § 6-16-140
Annual report
Each joint agency shall, following the closing of each fiscal year, submit an annual report of its activities for the preceding year to each member. Each report shall set forth a complete operating and financial statement covering the operations of the joint agency during the year. The joint agency shall cause an audit…
S.C. Code § 6-16-150
Board may enter contracts and accept grants and loans
The board of directors of a joint agency may make application and enter into contracts for and accept grants in aid and loans from the federal and state governments and their agencies for planning, acquiring, constructing, expanding, maintaining and operating any project or facility or participating in any research or…
S.C. Code § 6-16-160
Eminent domain
Any joint agency shall possess the power of eminent domain within the jurisdictional limits of any of its members in accordance with SECTION 5-7-50 and Chapter 2 of Title 28 of the 1976 Code in order to effectuate the purposes of this chapter and shall exercise such power in accordance with Chapter 2 of Title 28 of the…
S.C. Code § 6-16-170
Enumerated powers deemed supplemental to existing laws
The foregoing sections shall be deemed to provide an additional method for doing the things authorized and shall be deemed and construed to be supplemental to powers conferred by existing laws and shall not be regarded in derogation of any powers now existing. If any provisions of this chapter are inconsistent with the…
S.C. Code § 6-16-180
Chapter to be liberally construed
The provisions of this chapter shall be liberally construed.
S.C. Code § 6-16-190
Waiver of immunity from suit
The General Assembly waives and withdraws from the joint agencies authorized by this chapter their immunity from suit of every kind and description whether the suit is in tort, contract or otherwise when the suits arise out of or are in any way connected with the development, ownership, operation, maintenance or otherw…