S.C. Code Regs. § 61-33.2

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

Section 61-33.2 - Definitions

For the purpose of these regulations, the following definitions will apply.

(A) "Act" means Article 4 of the S.C. Hazardous Waste Management Act, Section 44-56-400 et seq. of the Code of Laws of 1976 as amended, known as the Drycleaning Facility Restoration Trust Fund.

(B) "Board" means the Board of the South Carolina Department of Health and Environmental Control.

(C) "Deductible" means the monies specified in the Act that the Responsible Applicant is responsible for paying.

(D) "Department" means the Department of Health and Environmental Control, including personnel thereof authorized by the Board to act on behalf of the Department or Board.

(E) "Drycleaning Facility" means a professional commercial establishment located in this State for the purpose of cleaning clothing and other fabrics utilizing a process that involves the use of drycleaning solvent. In the case of a retail establishment, the establishment is one that operates or has at some time in the past operated in whole or in part for the purpose of cleaning clothing and other fabrics for members of the public, other drycleaning facilities, and dry drop-off facilities. In the case of a wholesale establishment, the establishment is one that operates or has at some time in the past operated in whole or in part for the purpose of cleaning clothing and other fabrics for other drycleaning facilities or dry drop-off facilities. "Drycleaning facility" includes laundry facilities that are using or have used drycleaning solvent as part of their cleaning process but does not include textile mills, uniform rental and linen supply facilities, or drycleaning facilities owned or operated by a local, state, or federal government.

(F) "Drycleaning Solvents" means nonaqueous solvents used in the cleaning of clothing and other fabrics and includes halogenated drycleaning fluids and nonhalogenated drycleaning fluids, and their breakdown products. "Drycleaning Solvent" includes solvent that has been recycled for use at a drycleaning facility and applies only to those solvents used at a drycleaning facility or handled by a wholesale supply facility.

(G) "Emergency Site" means a site that is contaminated with Drycleaning Solvents at concentrations above an action level or the appropriate risk-based standard set by the Department:

(1) In a public or private drinking water well; or,

(2) At off-site areas with high potential for human exposure.

(H) "Existing Drycleaning Facility" means a Drycleaning Facility that started operation before November 24, 2004.

(I) "Former Drycleaning Facility" means a Drycleaning Facility that ceased to be operated as a Drycleaning Facility before July 1, 1995.

(J) "Fund" means the Drycleaning Facility Restoration Trust Fund.

(K) "Gross Negligence" means any action where normal reasonable precautions, including but not limited to the requirements of Section 44-56-480 of the Act, and including those in general widespread industrial practice, have been avoided, neglected, or deliberately omitted.

(L) "Ineligible" means a Drycleaning Facility or contaminated Site that has been permanently barred from receiving monies from the Fund and to which the moratorium does not apply pursuant to the Act.

(M) "New Drycleaning Facility" means a Drycleaning Facility that started operation on or after November 24, 2004.

(N) "Nonhalogenated Drycleaning Fluid" means any nonaqueous solvent used in a drycleaning facility that contains less than ten percent by volume of any halogenated drycleaning fluid. Nonhalogenated Drycleaning Fluid includes petroleum-based Drycleaning Solvents and their breakdown components.

(O) "Person" means an individual, partnership, corporation, association, trust, estate, receiver, company, limited liability company, or another entity or group.

(P) "Registrant" means a dry cleaner or Person who has registered with the Department of Revenue pursuant to the Act.

(Q) "Release" means the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment of a Drycleaning Solvent.

(R) "Responsible Applicant" is defined as follows:

(1) For an existing Drycleaning Facility, the current registrant identified to the Department of Revenue on the yearly registrations forms.

(2) For an existing Drycleaning Facility that ceases to operate as such, the most recent registrant identified to the Department of Revenue at the time the operation was discontinued.

(3) For a former Drycleaning Facility, the registrant which most recently owned or operated the Drycleaning Facility.

(4) For a Drycleaning Facility that was owned by one registrant and concurrently operated by a different registrant and both are eligible for the Fund, the registrant who operated the facility.

(S) "Site" means the area where a Drycleaning Facility or Wholesale Supply Facility is or has been located and where drycleaning fluids have been deposited, stored, disposed of, or placed, or otherwise come to be located.

(T) "Wholesale Supply Facility" means a commercial establishment that supplies Drycleaning Solvents to Drycleaning Facilities.

S.C. Code Regs. 61-33.2

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.