S.C. Code § 44-93-10
Short title
This chapter may be cited as the "South Carolina Infectious Waste Management Act".
South Carolina Code Title 44, Chapter 93 — Infectious Waste Management
South Carolina · statute · S.C. Code tit. 44, ch. 93 · 25 active provisions
S.C. Code § 44-93-20
Definitions
(A) "Infectious waste" or "waste" means: (1) sharps; (2) cultures and stocks of infectious agents and associated biologicals; (3) human blood and blood products; (4) pathological waste; (5) contaminated animal carcasses, body parts, and bedding of animals intentionally exposed to pathogens; and (6) isolation waste purs…
S.C. Code § 44-93-30
Regulations, procedures, and standards
The department shall promulgate regulations, procedures, or standards necessary to carry out the provisions of this chapter and to protect the health and safety of the public, the health of living organisms and the environment from the effects of improper, inadequate, or unsound infectious waste management. The regulat…
S.C. Code § 44-93-40
Department administrative and public health emergency infectious waste management powers
(A) To carry out the provisions and purposes of this chapter, the department may establish and collect registration and permit fees in connection with the provisions of this chapter; conduct inspections, investigations, obtain samples, and conduct research with respect to the operation and maintenance of a site or faci…
S.C. Code § 44-93-50
Powers of commissioner
The director, upon receipt of information that an aspect of infectious waste management, within a publicly or privately-owned property, may present an imminent or substantial hazard to the health of persons or to the environment, may take such action as he determines necessary to protect the health of persons or the en…
S.C. Code § 44-93-60
Storage of infectious waste
(A) Storage of infectious waste must be in such a manner and location which affords protection from animals and weather conditions and which minimize exposure to the public. (B) Infectious waste must be segregated from other waste at the point of origin and maintained in separate containers until it is treated. (C) Inf…
S.C. Code § 44-93-70
Transportation of infectious waste
(A) Infectious waste must be transported in such a manner that the integrity of the waste containers is maintained and that occupational hazards are minimized. (B) No infectious waste may be received for transportation or transported into or within this State if it is not properly contained, identified, labeled, and ma…
S.C. Code § 44-93-80
Treatment and disposal of infectious waste
(A) Infectious waste treated must be treated at a facility meeting the requirements of Section 44-93-120. (B) Infectious waste must be treated as soon as practicable by one of the following treatment methods in accordance with the regulations promulgated under this chapter and any other applicable state or federal law…
S.C. Code § 44-93-90
Registration of infectious waste generators; identification of generator on waste labels and containers
(A) All in-state generators of infectious waste shall register with the department within ninety days after regulations are promulgated by the department. (B) Pursuant to regulations, all generators of infectious waste shall place proper, clearly legible, generator identification on all labels and containers of infecti…
S.C. Code § 44-93-100
Generators exempt from provisions of chapter
All in-state generators that produce less than fifty pounds of infectious waste a month are exempt from the provisions of this chapter except they shall comply with: (1) the provisions of Section 44-93-90(A) of this chapter; and (2) the management of the following infectious waste: (a) sharps must be managed pursuant t…
S.C. Code § 44-93-110
Waste treatment, storage, or disposal facility prohibited from accepting certain infectious waste
It is unlawful for a person who owns or operates a waste treatment, storage, or disposal facility within this State to accept any infectious waste generated in a jurisdiction which prohibits by law the treatment, storage, or disposal of that infectious waste within that jurisdiction.
S.C. Code § 44-93-120
Permit requirements
Upon promulgation of regulations as specified in Section 44-93-30, no person may operate an infectious waste treatment or disposal facility or generator facility without first obtaining a permit as required by department regulations.
S.C. Code § 44-93-125
Permit to expand or construct facility; exceptions
No person may expand or construct a new facility without a permit issued by the department. To obtain a permit, the applicant shall demonstrate the need for a facility or expansion. To determine if there is a need, infectious waste generated out-of-state may not be considered without department approval. This section d…
S.C. Code § 44-93-130
Refusal to issue or renew registration to transport, or permit to operate; rehabilitation
(A) The director may refuse to issue or renew a registration to transport infectious waste or a permit to operate a facility if he finds that within five years of the application for a registration or permit, the applicant has been: (1) convicted of a crime involving moral turpitude by a court of law and all appeals ha…
S.C. Code § 44-93-140
Unlawful to fail to comply with statute or regulations
Following the promulgation of the regulations required pursuant to Section 44-93-30, it is unlawful for a person to fail to comply with this chapter or with a procedure or requirement set forth in the regulations.
S.C. Code § 44-93-150
Enforcement; penalties
(A) Whenever the department finds that a person is in violation of a permit, regulation, standard, or requirement under this chapter, the department may issue an order requiring the person to comply with the permit, regulation, standard, or requirement or the department may bring civil action for injunctive relief in t…
S.C. Code § 44-93-160
Fees on commercial treatment of infectious waste; reports; penalties
(A) There is a fee on the treatment of infectious waste in this State equal to thirty dollars a ton for the first one thousand five hundred tons in a month and eight dollars a ton in excess of one thousand five hundred tons a month on the pretreatment weight of infectious waste to be imposed upon facilities required to…
S.C. Code § 44-93-165
Infectious Waste Program Fund; establishment; funding
The department shall establish an Infectious Waste Program Fund to ensure the availability of funds to carry out the department's responsibilities under this chapter. This fund must be financed by the fees imposed pursuant to Section 44-93-160. From the revenue derived from the fees on infectious waste, an amount equal…
S.C. Code § 44-93-170
Infectious Waste Contingency Fund
The department shall establish an Infectious Waste Contingency Fund to ensure the availability of funds for response actions necessary at permitted infectious waste treatment facilities and necessary from accidents in the transportation of infectious waste and to defray the cost of governmental response actions associa…
S.C. Code § 44-93-180
Inspection of treatment facilities; fees
The department shall assign as may be necessary a health inspector to serve at a commercial infectious waste treatment facility located in South Carolina for the purpose of assuring the protection of the health and safety of the public by monitoring the receipt, handling, treatment, and disposal of infectious waste at…
S.C. Code § 44-93-190
Chapter inapplicable to treatment or disposal of hazardous waste
This chapter does not apply to the treatment or disposal of hazardous waste regulated under the South Carolina Hazardous Waste Management Act.
S.C. Code § 44-93-210
Annual estimate of amount of infectious waste; infectious waste treatment facilities
(A) Annually the department shall estimate and publish the amount of infectious waste it expects to be generated within this State during the succeeding calendar year. No permitted infectious waste treatment facility may treat more than the amount the department allows it to treat by permit. (B) For purposes of this se…
S.C. Code § 44-93-220
Monthly incineration limits for infectious waste from July through December, 1990
From July through December, 1990, no more than fifteen hundred tons of infectious waste may be burned in any one month by a permitted commercial infectious waste incinerator facility in this State.
S.C. Code § 44-93-230
Construction of infectious waste provisions
The provisions of Sections 44-93-210 and 44-93-220 must be construed as separate provisions. If a provision is judged to be invalid by a court of law of this State, the court's decree shall apply only to the provision and action specified and shall have no effect on any other provision unless stated in the court's decr…
S.C. Code § 44-93-240
Fines for exceeding infectious waste incineration limits; disposition of money collected
In the event the infectious waste tonnage limitations in any month are unlawfully exceeded, at a commercial waste incinerator facility, a five dollar per ton increase in the fees imposed pursuant to Section 44-93-160(A) is imposed retroactively on the excess tonnage burned in that month. The funds received from this fe…