Article 1 Solid Waste Policy; Specific Wastes
Article 2 Solid Waste Management

Terms Used In South Carolina Code > Title 44 > Chapter 96

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Beverage: means beer or malt beverages, mineral water, soda water, and similar carbonated soft drinks in liquid form, and all other liquids intended for human consumption, except for liquids marketed for and intended for consumption for medicinal purposes. See South Carolina Code 44-96-40
  • Beverage container: means the individual, separate, and sealed glass, aluminum or other metal, or plastic bottle, can, jar, or carton containing beverage intended for human consumption. See South Carolina Code 44-96-40
  • Board: means the State Board of Physical Therapy Examiners. See South Carolina Code 40-45-20
  • Board: means the South Carolina Board of Natural Resources. See South Carolina Code 50-5-15
  • Boat: means a vessel. See South Carolina Code 50-21-10
  • Collection: means the act of picking up solid waste materials from homes, businesses, governmental agencies, institutions, or industrial sites. See South Carolina Code 44-96-40
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Compost: means the humus-like product of the process of composting waste. See South Carolina Code 44-96-40
  • Composting facility: means any facility used to provide aerobic, thermophilic decomposition of the solid organic constituents of solid waste to produce a stable, humus-like material. See South Carolina Code 44-96-40
  • Construction and demolition debris: means discarded solid wastes resulting from construction, remodeling, repair and demolition of structures, road building, and land clearing. See South Carolina Code 44-96-40
  • Contract: A legal written agreement that becomes binding when signed.
  • convicted: means adjudication at trial or civil hearing and includes the entry of a plea of guilty, or nolo contendere, or the forfeiture of bail or collateral deposited to secure a defendant's appearance in court. See South Carolina Code 50-5-15
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • County solid waste management plan: means a solid waste management plan prepared, approved, and submitted by a single county pursuant to Section 44-96-80. See South Carolina Code 44-96-40
  • Crustacean: means all forms of crabs, shrimp, crayfish, stone crabs, lobsters, and other motile fish having a chitonized shell excluding snails and horseshoe crabs. See South Carolina Code 50-5-15
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 44-96-40
  • Department: means the Department of Labor, Licensing and Regulation;

    (5) "Director" means the Director of the Department of Labor, Licensing and Regulation or the director's official designee;

    (6) "Licensee" means a person granted an authorization to practice pursuant to this article and refers to a person holding a license, permit, certification, or registration granted pursuant to this article;

    (7) "Licensing act" means the individual statute or regulations, or both, of each regulated profession or occupation which include, but are not limited to, board governance, the qualifications and requirements for authorization to practice, prohibitions, and disciplinary procedures;

    (8) "Person" means an individual, partnership, or corporation;

    (9) "Profession" or "occupation" means a profession or occupation regulated or administered, or both, by the department pursuant to this article. See South Carolina Code 40-1-20
  • Department: means the South Carolina Department of Natural Resources unless otherwise stated. See South Carolina Code 50-5-15
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Discharge: means the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying, or dumping of solid waste, including leachate, into or on any land or water. See South Carolina Code 44-96-40
  • Disposal: means the discharge, deposition, injection, dumping, spilling or placing of any solid waste into or on any land or water, so that the substance or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwater. See South Carolina Code 44-96-40
  • Energy recovery: means the beneficial use, reuse, recycling, or reclamation of solid waste through the use of the waste to recover energy therefrom. See South Carolina Code 44-96-40
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Facility: means all contiguous land, structures, other appurtenances and improvements on the land used for treating, storing, or disposing of solid waste. See South Carolina Code 44-96-40
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fish: means finfish, shellfish including mollusks, crustaceans, horseshoe crabs, whelks (conchs), turtles, and terrapin or products thereof. See South Carolina Code 50-5-15
  • Fraud: Intentional deception resulting in injury to another.
  • Generation: means the act or process of producing solid waste. See South Carolina Code 44-96-40
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Groundwater: means water beneath the land surface in the saturated zone. See South Carolina Code 44-96-40
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Hazardous waste: has the meaning provided in Section 44-56-20 of the South Carolina Hazardous Waste Management Act. See South Carolina Code 44-96-40
  • Incineration: means the use of controlled flame combustion to thermally break down solid, liquid, or gaseous combustible wastes, producing residue that contains little or no combustible materials. See South Carolina Code 44-96-40
  • Industrial waste: means solid waste that results from industrial processes including, but not limited to, factories and treatment plants. See South Carolina Code 44-96-40
  • Infectious waste: has the meaning given in Section 44-93-20 of the South Carolina Infectious Waste Management Act. See South Carolina Code 44-96-40
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Land-clearing debris: means solid waste which is generated solely from land-clearing activities, but does not include solid waste from agricultural or silvicultural operations. See South Carolina Code 44-96-40
  • Landfill: means a disposal facility or part of a facility where solid waste is placed in or on land, and which is not a land treatment facility, a surface impoundment, or an injection well. See South Carolina Code 44-96-40
  • Lead-acid battery: means any battery that consists of lead and sulfuric acid, is used as a power source, and has a capacity of six volts or more, except that this term shall not include a small sealed lead-acid battery which means a lead-acid battery weighing twenty-five pounds or less, used in non-vehicular, non-SLI (start lighting ignition) applications. See South Carolina Code 44-96-40
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Local government: means a county, any municipality located wholly or partly within the county, and any other political subdivision located wholly or partly within the county when such political subdivision provides solid waste management services. See South Carolina Code 44-96-40
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Municipal solid waste landfill: means any sanitary landfill or landfill unit, publicly or privately owned, that receives household waste. See South Carolina Code 44-96-40
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Office: means the Office of Solid Waste Reduction and Recycling established within the Department of Health and Environmental Control pursuant to Section 44-96-110. See South Carolina Code 44-96-40
  • On-site supervision: means supervision provided by a physical therapist or physical therapist assistant who must be:

    (a) continuously on site and present in the department or facility where the supervisee is performing services;

    (b) immediately available to assist the supervisee in the services being performed;

    (c) maintain continued involvement in appropriate aspects of each treatment session in which a component of treatment is delegated to the supervisee. See South Carolina Code 40-45-20
  • Operate: means to navigate, steer, drive, or be in control. See South Carolina Code 50-21-10
  • Operator: means the person who operates or has charge or command of the navigation or use of a vessel or watercraft. See South Carolina Code 50-21-10
  • Owner: means a person, other than a lienholder, who claims lawful possession of a vessel or outboard motor by virtue of legal title or equitable interest in it which entitled him to possession. See South Carolina Code 50-21-10
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, a partnership, a firm, a corporation, an association, or other legal entity. See South Carolina Code 50-21-10
  • Person: means an individual. See South Carolina Code 40-45-20
  • Person: means an individual, corporation, company, association, partnership, unit of local government, state agency, federal agency, or other legal entity. See South Carolina Code 44-96-40
  • Personal property: All property that is not real property.
  • Physical therapist: means a person who has met all the conditions of this chapter and is licensed in this State to practice physical therapy. See South Carolina Code 40-45-20
  • Physical therapist assistant: means a person who is licensed by the board to assist a physical therapist in the practice of physical therapy and whose activities are supervised and directed by a physical therapist whose license is in good standing. See South Carolina Code 40-45-20
  • physical therapy: as used in this chapter , and nothing in this chapter shall be construed to authorize a physical therapist to prescribe medications or order laboratory or other medical tests. See South Carolina Code 40-45-20
  • Physical therapy aide: means a nonlicensed person who helps the physical therapist or physical therapist assistant but whose duties do not require an understanding of physical therapy nor formal training in anatomical, biological, or physical sciences. See South Carolina Code 40-45-20
  • Plastic bottle: means a plastic container intended for single use, which has a neck that is smaller than the body of the container, accepts a screw-type, snap cap, or other closure, and has a capacity of sixteen fluid ounces or more, but less than five gallons. See South Carolina Code 44-96-40
  • Plastic container: means any container having a wall thickness of not less than one one-hundredth of an inch used to contain beverages, foods, or nonfood products and composed of synthetic polymeric materials. See South Carolina Code 44-96-40
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • practice of physical therapy: means the evaluation and treatment of human beings to detect, assess, prevent, correct, alleviate, and limit physical disability, bodily malfunction, and pain from injury, disease, and any other bodily or mental condition and includes the administration, interpretation, documentation, and evaluation of physical therapy tests and measurements of bodily functions and structures; the establishment, administration, evaluation, and modification of a physical therapy treatment plan which includes the use of physical, chemical, or mechanical agents, activities, instruction, and devices for prevention and therapeutic purposes; and the provision of consultation and educational and other advisory services for the purpose of preventing or reducing the incidence and severity of physical disability, bodily malfunction, and pain. See South Carolina Code 40-45-20
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Recovered materials: means those materials which have known use, reuse, or recycling potential; can be feasibly used, reused, or recycled; and have been diverted or removed from the solid waste stream for sale, use, reuse, or recycling, whether or not requiring subsequent separation and processing. See South Carolina Code 44-96-40
  • Recovered Materials Processing Facility: means a facility engaged solely in the recycling, storage, processing, and resale or reuse of recovered materials. See South Carolina Code 44-96-40
  • Recyclable material: means those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste. See South Carolina Code 44-96-40
  • Recycling: means any process by which materials which would otherwise become solid waste are collected, separated, or processed and reused or returned to use in the form of raw materials or products (including composting). See South Carolina Code 44-96-40
  • Region: means a group of counties in South Carolina which is planning to or has prepared, approved, and submitted a regional solid waste management plan to the department pursuant to Section 44-96-80. See South Carolina Code 44-96-40
  • Regional solid waste management plan: means a solid waste management plan prepared, approved, and submitted by a group of counties in South Carolina pursuant to Section 44-96-80. See South Carolina Code 44-96-40
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Resource recovery: means the process of obtaining material or energy resources from solid waste which no longer has any useful life in its present form and preparing the waste for recycling. See South Carolina Code 44-96-40
  • Resource recovery facility: means a combination of structures, machinery, or devices utilized to separate, process, modify, convert, treat, or prepare collected solid waste so that component materials or substances or recoverable resources may be used as a raw material or energy source. See South Carolina Code 44-96-40
  • Reuse: means the return of a commodity into the economic stream for use in the same kind of application as before without change in its identity. See South Carolina Code 44-96-40
  • Secondary lead smelter: means a facility which produces metallic lead from various forms of lead scrap, including used lead-acid batteries. See South Carolina Code 44-96-40
  • Shoreline: means the line of mean high water along that portion of a land mass which is in direct contact with the waters of the Atlantic Ocean. See South Carolina Code 50-5-15
  • Solid waste: means any garbage, refuse, or sludge from a waste treatment facility, water supply plant, or air pollution control facility and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations and from community activities. See South Carolina Code 44-96-40
  • Solid waste disposal facility: means any solid waste management facility or part of a facility at which solid waste is intentionally placed into or on any land or water and at which waste will remain after closure. See South Carolina Code 44-96-40
  • Solid waste management: means the systematic control of the generation, collection, source separation, storage, transportation, treatment, recovery, and disposal of solid waste. See South Carolina Code 44-96-40
  • Solid waste management facility: means any solid waste disposal area, volume reduction plant, transfer station, or other facility, the purpose of which is the storage, collection, transportation, treatment, utilization, processing, recycling, or disposal, or any combination thereof, of solid waste. See South Carolina Code 44-96-40
  • Solid Waste Management Grant Program: means the grant program established and administered by the Office of Solid Waste Reduction and Recycling pursuant to Section 44-96-130. See South Carolina Code 44-96-40
  • Solid Waste Management Trust Fund: means the trust fund established within the Department of Health and Environmental Control pursuant to Section 44-96-120. See South Carolina Code 44-96-40
  • Source reduction: means the reduction of solid waste before it enters the solid waste stream by methods such as product redesign or reduced packaging. See South Carolina Code 44-96-40
  • Source separation: means the act or process of removing a particular type of recyclable material from other waste at the point of generation or under control of the generator for the purposes of collection, disposition, and recycling. See South Carolina Code 44-96-40
  • Specific wastes: means solid waste which requires separate management provisions, including plastics, used oil, waste tires, lead-acid batteries, yard trash, compost, and white goods. See South Carolina Code 44-96-40
  • State solid waste management plan: means the plan which the Department of Health and Environmental Control is required to submit to the General Assembly and to the Governor pursuant to Section 44-96-60. See South Carolina Code 44-96-40
  • Statute: A law passed by a legislature.
  • Storage: means the containment of solid waste, either on a temporary basis or for a period of years, in such manner as not to constitute disposal of such solid waste; provided, however, that storage in containers by persons of solid waste resulting from their own activities on their property, leased or rented property, if the solid waste in such containers is collected at least once a week, shall not constitute "storage" for purposes of this chapter. See South Carolina Code 44-96-40
  • Summons: Another word for subpoena used by the criminal justice system.
  • Surface water: means lakes, bays, sounds, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within territorial limits, and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private. See South Carolina Code 44-96-40
  • Take: means to harass intentionally, hunt, capture, gather, harvest, remove, catch, wound, or kill or attempt to harass, hunt, capture, gather, harvest, remove, catch, wound, or kill. See South Carolina Code 50-5-15
  • Tire: means the continuous solid or pneumatic rubber covering encircling the wheel of a motor vehicle, trailer, or motorcycle as defined in Section 56-3-20(2), (4), and (13). See South Carolina Code 44-96-40
  • Tire retailing business: means the retail sale of tires in any quantity for any use or purpose by the purchaser other than for resale. See South Carolina Code 44-96-40
  • Transport: means the movement of solid waste from the point of generation to any intermediate point and finally to the point of ultimate processing, treatment, storage, or disposal. See South Carolina Code 44-96-40
  • Transporter: means a person engaged in the off-site transportation of solid waste by air, rail, highway, or water. See South Carolina Code 44-96-40
  • Treatment: means any technique designed to change the physical, chemical, or biological character or composition of any solid waste so as to render it safe for transport, amenable to storage, recovery, or recycling, safe for disposal, or reduced in volume or concentration. See South Carolina Code 44-96-40
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Use: means operate, navigate, or employ. See South Carolina Code 50-21-10
  • Used oil: means oil that has been refined from crude oil or synthetic oil and that has been used and, as a result of that use, is contaminated by physical or chemical impurities. See South Carolina Code 44-96-40
  • Used oil collection center: means a facility which, in the course of business, accepts used oil for subsequent disposal or recycling. See South Carolina Code 44-96-40
  • Used oil energy recovery facility: means a facility that burns more than six thousand gallons of used oil annually for energy recovery. See South Carolina Code 44-96-40
  • Used oil recycling facility: means a facility that recycles more than six thousand gallons of used oil annually. See South Carolina Code 44-96-40
  • Vessel: means every description of watercraft, other than a seaplane regulated by the federal government, used or capable of being used as a means of transportation on water. See South Carolina Code 50-21-10
  • Waste tire: means a tire that is no longer suitable for its original intended purpose because of wear, damage, or defect. See South Carolina Code 44-96-40
  • Waste tire collection facility: means a permitted facility used for the storage of waste tires or processed tires before recycling, processing, or disposal. See South Carolina Code 44-96-40
  • Waste tire disposal facility: means a permitted facility where processed waste tires are placed on the land in a manner which constitutes disposal. See South Carolina Code 44-96-40
  • Waste tire hauler: means a person engaged in the picking up or transporting of waste tires for the purpose of storage, processing, or disposal. See South Carolina Code 44-96-40
  • Waste tire processing facility: means a permitted facility where equipment is used to cut, shred, burn for volume reduction, or to otherwise alter whole waste tires. See South Carolina Code 44-96-40
  • Waste tire recycling facility: means a permitted facility where waste tires are used as a fuel source or returned to use in the form of products or raw materials. See South Carolina Code 44-96-40
  • Waste tire site: means an establishment, site, or place of business, without a collector or processor permit, that is maintained, operated, used, or allowed to be used for the disposal, storing, or depositing of unprocessed used tires, but does not include a truck service facility which meets the following requirements:

    (a) all vehicles serviced are owned or leased by the owner or operator of the service facility;

    (b) no more than two hundred waste tires are accumulated for a period of not more than thirty days at a time;

    (c) the facility does not accept any tires from sources other than its own; and

    (d) all waste tires are stored under a covered structure. See South Carolina Code 44-96-40
  • Waste tire treatment site: means a permitted site used to produce or manufacture usable materials, including fuel, from waste tires. See South Carolina Code 44-96-40
  • Water device: means a motorboat, boat, personal watercraft or vessel, water skis, an aquaplane, surfboard, or other similar device. See South Carolina Code 50-21-10
  • Watercraft: means any thing used or capable of being used as a means of transportation on the water but does not include: a seaplane regulated by the federal government, water skis, aquaplanes, surfboards, windsurfers, tubes, rafts, and similar devices or any thing that does not meet construction or operational requirements of the state or federal government for watercraft. See South Carolina Code 50-21-10
  • Waters of the State: means lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial limits, and all other bodies of surface or underground water, natural or artificial, public or private, inland or coastal, fresh or salt, which are wholly or partially within or bordering the State or within its jurisdiction. See South Carolina Code 44-96-40
  • White goods: include refrigerators, ranges, water heaters, freezers, dishwashers, trash compactors, washers, dryers, air conditioners, and commercial large appliances. See South Carolina Code 44-96-40
  • Yard trash: means solid waste consisting solely of vegetative matter resulting from landscaping maintenance. See South Carolina Code 44-96-40