The Department shall promulgate regulations to implement this chapter to govern the procedure of the Department with respect to meetings, hearings, filing of reports, the issuance of permits and all other matters relating to procedure. The regulations for preventing contamination of the air may not specify any particular method to be used to reduce undesirable levels, nor the type, design, or method of installation or type of construction of any manufacturing processes or other kinds of equipment. Except where the Department determines that it is not feasible to prescribe or enforce an emission standard or standard of performance, it may, by regulation, specify equipment, operational practice, or emission control method, or combination thereof. The Department may grant approval for alternate equipment, operational practice, or emission control method, or combination thereof, where the owner or operator of a source can demonstrate to the Department that such alternative is substantially equivalent to that specified.
S.C. Code Ann. § 48-1-30
Promulgation of regulations; approval of alternatives
Known as the Pollution Control Act
The act spans §§ 48–48 (41 sections).
Applied in 3 court decisions — leading case Commissioners of Public Works v. South Carolina Department of Health & Environmental Control (2007)
Most recently applied in Duke Energy Carolinas, LLC v. South Carolina Department of Health & Environmental Control (December 2012)
1962 Code SECTION 63-195.6; 1952 Code SECTION 70-108; 1950 (46) 2153; 1965 (54) 687; 1970 (56) 2512; 1978 Act No. 557, SECTION 1.
How often courts cite this section
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.
Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.