Are there any laws related to the disposal of hazardous materials?
In South Carolina, hazardous materials disposal is regulated by the Hazardous Waste Management Act of 1974. The act requires anyone generating, transporting, storing, or disposing of hazardous wastes to obtain a permit from the South Carolina Department of Health and Environmental Control (DHEC), and set forth requirements for the proper disposal of hazardous materials. The Act also outlines requirements for the proper storage of hazardous materials, including the type and condition of the facility, security measures, and proper labeling and segregation of materials. It also defines and identifies the process for obtaining an emergency permit in relation to the disposal of hazardous materials. In addition, the Act also includes a detailed list of regulated hazardous materials, including: flammable liquids, toxic substances, explosive materials, corrosive chemicals, and radioactive materials. Anyone found to be in violation of the Act, by not adhering to the proper disposal regulations, can be subject to expensive fines and even criminal prosecution. In order to stay in compliance with the Act, businesses must ensure they are properly disposing of hazardous materials. This includes excavating contaminated soil, providing an alternate disposal route, and neutralizing and/or encapsulating hazardous materials. It is also important for businesses to keep accurate records of the process, in order to provide proof of compliance should an investigation or audit take place.
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