S.C. Code Regs. § § 61-56.600

Current through Register Vol. 48, No. 10, October 25, 2024

Section 61-56.600 - License to Clean Onsite Wastewater Systems, Self-Contained Toilets, and Other Sewage Holding Systems (i.e., Licensing of Pumper/Haulers)

600.1. No person shall be responsible for the cleaning of onsite wastewater systems, self-contained toilets, and other sewage holding systems in South Carolina without first applying for, receiving, and subsequently maintaining a valid license to conduct such activities as herein required by the Department. This includes, but is not limited to, nonwater-carried sewage treatment devices and gray water subsurface reuse system.

600.2. Licenses, Applications, and Fees.

(1) License applications, on forms approved by the Department, shall be submitted to the Department's regional environmental office which covers the county where the applicant's primary place of business is located; persons whose primary place of business is out of state must submit their applications to the Department's regional environmental office where it is reasonably anticipated the bulk of the activities sought to be licensed would occur.

(2) The following shall apply to applications submitted by persons engaged in the business of cleaning onsite wastewater systems, self-contained toilets, and other sewage holding systems:

(a) The applicant shall list on the application form each approved septage and sewage disposal facility they intend to use. Written verification of permission to use each disposal facility shall accompany the application.

(b) The applicant shall list on the application form all locations where pumping and transporting vehicles are parked/stored when not in use.

(c) For each annual renewal of an existing license, the person seeking renewal shall submit changes to any information included on the original license application to the Department through an updated application.

(d) Upon request by the Department, each person seeking a new license or renewal of an existing license shall make available for inspection all vehicles and equipment used in the pumping and transporting of septage and sewage.

(e) Additional inspections of vehicles and equipment may be conducted by the Department to ensure compliance with this regulation.

(f) If a licensee replaces, deletes, or adds to their inventory of vehicles used in pumping and transporting septage or sewage, the licensee shall immediately notify the Department for the purpose of updating their application. A vehicle may not be placed into use without prior inspection and approval from the Department.

(3) Prior to receipt of a license authorizing a person to be responsible for the cleaning of onsite wastewater systems, self-contained toilets, and other sewage holding systems, applicants shall complete an examination demonstrating their knowledge and comprehension of this regulation. Any applicant failing to satisfactorily complete the licensing examination may be eligible to retake the examination after thirty (30) calendar days. Applicants who fail to satisfactorily complete their second examination may then be allowed to retake subsequent examinations after a sixty (60)-day waiting period.

(4) A fee shall be assessed for a new license and for the annual renewal of a license.

(a) No person who seeks to be responsible for the cleaning of onsite wastewater systems, self-contained toilets, and other sewage holding systems shall be issued a new license pursuant to this regulation until a fee of one hundred dollars ($100.00) has been paid to the Department, except that a person applying both for this license (i.e., pumper/hauler license) and an installers license (i.e., license to construct or repair systems) shall pay a fee of only fifty dollars ($50.00) for the license to clean onsite wastewater systems, self-contained toilets, and other sewage holding systems.

(b) Every license issued by the Department under this regulation shall be valid for a period of one (1) year, unless otherwise suspended or revoked.

(c) Each licensee must pay an annual renewal fee of one hundred dollars ($100.00), except that a person applying to renew both this license (i.e., pumper/hauler license) and an installers license (i.e., license to construct or repair systems) shall pay a fee of only fifty dollars ($50.00) for the renewal of the license to clean onsite wastewater systems, self-contained toilets, and other sewage holding systems.

(d) Annual renewal fees shall be due on a date not less than thirty (30) calendar days from the billing date. A penalty charge of thirty dollars ($30.00) shall be assessed for license fees that are past due. A second penalty of thirty dollars ($30.00) shall be assessed for license fees sixty (60) days past due.

(e) Expiration of a license shall occur when the license fee is ninety (90) calendar days past due. No person with an expired license may be engaged in the business of cleaning onsite wastewater systems, self-contained toilets, and other sewage holding systems.

(f) An expired license shall not be renewed. Any person with an expired license may apply for a new license and must meet all applicable requirements for a new license.

(5) Licenses issued in accordance with this regulation shall not be transferable.

600.3. Further Governmental Restriction Not Prohibited.

Nothing within this regulation shall be construed to limit the power of any municipal, county, or governmental entity to enforce other license requirements or additional measures for the restrictions of persons cleaning onsite wastewater systems, self-contained toilets, and other sewage holding systems.

600.4. License Not Required.

Public or private sewer providers using pumping and transporting vehicles for the sole purpose of maintaining their sewer systems shall be exempt from the licensing requirements of Section 600 of this regulation. This exemption does not apply to public or private sewer providers using pumping and transporting vehicles to provide cleaning services to the public.

S.C. Code Regs. § 61-56.600

Amended by State Register Volume 40, Issue No. 05, eff. 5/27/2016; State Register Volume 45, Issue No. 05, eff. 5/28/2021.