(A) The department, through the commissioner or the commissioner’s designee, shall certify that funding for a specific emergency was necessary to protect the environment or public health, or both. Annually, the department shall prepare an independent accounting of all revenue in the fund. The report must be submitted to the chairman of the Board of the Department of Health and Environmental Control and must be made available to the public upon request.

(B) Nothing in this section precludes the department from seeking appropriate enforcement action, including civil penalties and recovery of costs expended from the fund, against a party determined to be responsible for the environmental emergency. Costs recovered pursuant to an enforcement action must be deposited in the fund in accordance with the limitation prescribed in § 48-2-330.

Terms Used In South Carolina Code 48-2-340

  • Commissioner: means the Commissioner of the Department of Health and Environmental Control. See South Carolina Code 48-2-320
  • Department: means the Department of Health and Environmental Control. See South Carolina Code 48-2-320
  • Environmental Emergency: means a situation, to be determined by the commissioner, that constitutes an immediate threat to the environment or public health, or both, and providing immediate, but temporary relief to the situation may require the expenditure of funds to effect a solution, provide temporary relief, or retain the services of appropriate technical personnel or contractors. See South Carolina Code 48-2-320
  • Fund: means the "Environmental Emergency Fund" established pursuant to this article. See South Carolina Code 48-2-320
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