S.C. Code Regs. § 61-33.1

Current through Register Vol. 48, No. 5, May 24, 2024

Section 61-33.1 - Purpose and Applicability

(A) This regulation contains procedures to implement the Drycleaning Facility Restoration Trust Fund Act and establishes the criteria for determining priority for rehabilitation of Drycleaning Facilities contaminated with Drycleaning Solvents using funds provided under this Act.

(B) Applicability:

(1) This regulation applies to dry cleaners, Persons and wholesalers that have registered with the Department of Revenue where:

(i) The owner or operator of a Site uses or has used Drycleaning Solvents for the purpose of cleaning clothing and other fabrics; or,

(ii) The Person owns, has dominion, has legal or rightful title, or has a ground lease interest in the real property where a Drycleaning Facility or Wholesale Supply Facility is or has been located; or,

(iii) The wholesaler stores or has stored Drycleaning Solvent for wholesale distribution to Drycleaning establishments.

(2) This regulation does not apply to any dry cleaner that has chosen not to participate in the Drycleaning Facility Restoration Trust Fund as specified in the Drycleaning Facility Restoration Trust Fund Act.

(3) This regulation does not apply to any dry cleaner owned by a government entity as specified in the definition of Drycleaning Facility.

(4) This regulation does not apply to textile mills, linen supply, or uniform rental facilities unless operated as a commercial Drycleaning Facility prior to July 1, 1995 as specified in Section 44-56-410(3).

(5) This regulation does not apply to Releases that occur after November 18, 1980 that are the result of gross negligence.

S.C. Code Regs. 61-33.1

Added by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997; State Register Volume 41, Issue No. 05, eff. 5/26/2017.