South Carolina · statute · S.C. Code tit. 48, ch. 56 · 16 active provisions
It is the purpose of this chapter to: (1) create a voluntary pilot program by which the department may enter into not more than ten cooperative agreements with eligible participants to test and evaluate innovative environmental approaches to achieve superior environmental performance that are not otherwise authorized u…
As used in this chapter: (1) "Approval" means a permit, license, or other approval issued by the department under South Carolina environmental law. (2) "Cooperative agreement" means an agreement entered into under Section 48-56-30. (3) "Department" means the South Carolina Department of Health and Environmental Control…
The department is authorized to administer a pilot program under which it may enter into not more than ten cooperative agreements with eligible participants to implement and evaluate the use of innovative environmental approaches. The cooperative agreement shall: (1) identify the facility, the activities, and the pollu…
Participation in the pilot program is limited to facilities that are members or are eligible to be members of the South Carolina Environmental Excellence Program and that are issued at least one approval under South Carolina environmental law.
The department may grant a participant a variance from a requirement in South Carolina environmental law that would otherwise apply to a facility covered by a cooperative agreement if the variance does one or more of the following: (1) achieves measurable emissions reductions or reductions in discharges of waste that e…
Applications submitted for participation in the program must include a draft cooperative agreement that satisfies Section 48-56-30. An applicant must establish an interested persons group that includes residents of the area in which the facility proposed to be covered by the agreement is located and the application mus…
(A) The department shall review each application submitted under Section 48-56-60. Upon completion of the review, the department shall decide whether to enter into negotiations with the applicant to finalize the cooperative agreement. If the application involves federal environmental law and regulations that the depart…
(A) The department may amend a cooperative agreement with the consent of the participant or when there is a change in South Carolina environmental law. (B) The department may revoke a cooperative agreement at the request of the participant. (C) The department may, after an opportunity for a hearing, revoke a cooperativ…
(A) The department shall provide at least 30 days for public comment on the proposed issuance or revocation of a cooperative agreement and in other instances as the department deems appropriate. (B) The department shall prepare a public notice of a proposed action under subsection (A) that: (1) briefly describes the fa…
(A) A cooperative agreement has the same force and effect as any approvals identified as being replaced by the cooperative agreement. A provision of an approval that is identified under Section 48-56-20 as being replaced by the cooperative agreement is superseded by the cooperative agreement from the effective date of…
A participant shall pay the same fees required under South Carolina environmental law that it would be required to pay if it had not entered into a cooperative agreement.
(A) Reports submitted under a cooperative agreement fulfill the reporting requirements under South Carolina environmental law relating to the facility, activities, and pollutants that are covered by the cooperative agreement, except for any requirements for immediate reporting. (B) A participant shall notify the depart…
A participant shall submit a report to the department within 14 days after completion of a performance evaluation if the performance evaluation reveals violations at a facility covered by a cooperative agreement. The report shall contain a: (1) description of the performance evaluation, including who conducted the perf…
(A) The department shall review the report, the actions, or proposed actions to correct the violations and the proposed compliance schedule. The department may: (1) approve the actions and the compliance schedule as submitted; (2) propose different actions or compliance schedule; or (3) disapprove the proposed actions…
(A) If the participant diligently pursues compliance and corrects the violations that are disclosed in a report in accordance with Sections 48-56-130 and 48-56-140, the department may not commence an enforcement action for the violations. (B) The department may not commence an enforcement action for violations covered…
(A) Except as provided in subsection (B), the department shall make any record, report, or other information obtained in the administration of this section available to the public pursuant to the South Carolina Freedom of Information Act. (B) The department shall keep confidential any part of a record, report, or other…