Public-domain · open source
OpenJurist

S.C. Code Ann. § 44-96-260

Powers and duties of the department

Applied in 3 court decisions — leading case Southeast Resource Recovery, Inc. v. South Carolina Department of Health & Environmental Control (2004)

Most recently applied in Greeneagle, Inc. v. South Carolina Department of Health & Environmental Control (May 2012)

1991 Act No. 63, SECTION 1.

How often courts cite this section

20042010201210
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

To carry out the purposes and provisions of this article, the department is authorized to:

(1) promulgate such regulations, procedures, or standards as are necessary to protect human health and safety or the environment from the adverse effects of improper, inadequate, or unsound management of solid waste;

(2) issue, deny, revoke, or modify permits, registrations, or orders under such conditions as the department may prescribe, pursuant to procedures consistent with the South Carolina Administrative Procedures Act, for the operation of solid waste management facilities;

(3) establish, by regulation, and collect reasonable registration and permit fees to assist in defraying the costs of the department's solid waste regulatory programs;

(4) conduct inspections, conduct investigations, obtain samples, and conduct research regarding the operation and maintenance of any solid waste management facility;

(5) enter into agreements, contracts, or cooperative arrangements, under such terms and conditions as the department determines appropriate, with other state, federal, or interstate agencies, counties, municipalities, educational institutions, other local governments, and local health departments, consistent with the purposes and provisions of this article;

(6) receive financial and technical assistance from the federal government or private entities;

(7) cooperate with private organizations and with business and industry in carrying out the provisions of this article;

(8) establish qualifications for, and provide certification programs for, operators of landfills and other solid waste management facilities;

(9) establish and carry out an appropriate statewide educational program to inform local governments and private entities of the requirements of this article; and

(10) encourage counties and municipalities to pursue a regional approach to solid waste management within a common geographical area.

Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.