(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.

Terms Used In South Carolina Code 48-56-80

  • Approval: means a permit, license, or other approval issued by the department under South Carolina environmental law. See South Carolina Code 48-56-20
  • Cooperative agreement: means an agreement entered into under § 48-56-30. See South Carolina Code 48-56-20
  • Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 48-56-20
  • Pollution: means :

    (a) the presence in the environment of any substance including, but not limited to, sewage, industrial waste, other waste, air contaminant, or any combination of these in a quantity and of characteristics and duration:

    (i) as may cause or tend to cause the environment of the State to be contaminated, unclean, noxious, odorous, impure, or degraded;

    (ii) which is or tends to be injurious to human health or welfare;

    (iii) which damages property, plant, animal or marine life or use of property; or

    (b) the manmade or man-induced alteration of the chemical, physical, biological, and radiological integrity of water. See South Carolina Code 48-56-20
  • South Carolina environmental law: means all state and federal environmental laws and regulations that the department is authorized to administer and enforce. See South Carolina Code 48-56-20

(C) The department may, after an opportunity for a hearing, revoke a cooperative agreement if it finds that the participant:

(1) is not in compliance with the cooperative agreement;

(2) is not in compliance with an approval that is not replaced by the cooperative agreement or with a provision of South Carolina environmental law for which the cooperative agreement does not grant a variance;

(3) has refused the department’s request to amend the cooperative agreement;

(4) is unable, or has shown an unwillingness, to comply with pollution reduction goals that apply to the participant under the cooperative agreement;

(5) has entered into the cooperative agreement by misrepresenting or failing to fully disclose all relevant information or any information requested by the department.

(D) If the department revokes a cooperative agreement, it shall include in a written revocation decision:

(1) deadlines that provide the participant with a reasonable amount of time to obtain required approvals that were replaced by the cooperative agreement;

(2) any interim requirements that are needed to ensure that the participant is in compliance with all South Carolina environmental law applicable to the participant until the department issues the final approvals;

(3) any requirements of the cooperative agreement for which the department does not establish interim requirements remains in effect until the department issues the final approvals.

(E) A final decision under subsection (C) is subject to review under § 1-23-310 of the Administrative Procedures Act or under Regulation 61-72 concerning procedures for contested cases.

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