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South Carolina Statutes, Title 13

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South Carolina/Statutes

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Title 13, Planning, Research and Development

10 chapters · 227 sections in this title.

All chapters in Title 13227 Ch 1, Title 13, Chapter 176 Ch 7, Title 13, Chapter 737 Ch 19, Title 13, Chapter 1925 Ch 12, Title 13, Chapter 1224 Ch 21, Title 13, Chapter 2124 Ch 17, Title 13, Chapter 1719 Ch 11, Title 13, Chapter 1115 Ch 15, Title 13, Chapter 155 Ch 2, Title 13, Chapter 21 Ch 13, Title 13, Chapter 131

37 sections·Filtered byTitle 13✕Ch 7✕

S.C. Code Ann. § 13-7-10 Definitions
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For the purpose of this article, the following words shall have the meaning indicated: (1) "By-product material" means any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or ut…
S.C. Code Ann. § 13-7-100 Inapplicability of provisions to hospital employees performing radiologic technological services
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This article does not apply to any employee of a licensed hospital in this State when performing services commonly within the definition of radiologic technology as long as the services are performed within the course and scope of his employment as an employee of the hospital. No…
S.C. Code Ann. § 13-7-1010 Processing spent nuclear fuel; penalties
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It shall be unlawful in this State for any commercial firm to accept for processing, reprocessing or storage or to process, reprocess or store any spent nuclear fuel or high-level radioactive waste generated in a foreign country. Any person who violates the provisions of this sec…
S.C. Code Ann. § 13-7-1020 Exceptions
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The provisions of this article shall not apply to the processing, reprocessing or storage of spent nuclear fuel or radioactive waste funded by the federal government.

S.C. Code Ann. § 13-7-110 Short title

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This article shall be cited as the South Carolina Radioactive Waste Transportation and Disposal Act.

S.C. Code Ann. § 13-7-120 Definitions

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Definitions as used in this article: A. "Carrier" means any person transporting radioactive wastes into or within the State for storage, disposal or delivery. B. "Department" means the Department of Health and Environmental Control, including personnel authorized to act on behalf…

S.C. Code Ann. § 13-7-130 Applicability of article

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This article applies to any shipper, carrier or other person who transports radioactive waste into or within this State, to any person involved in the generation of radioactive waste within this State, and to any shipper whose radioactive waste is transported into or within the S…

S.C. Code Ann. § 13-7-140 Prerequisites for transporting waste; requirements for permit; transferability of permit; effect on department budget of fee collection

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A. Before any radioactive wastes may be transported into or within the State, the shipper shall: 1. Deposit and maintain with the Department a cash or corporate surety bond satisfactory to the Department in form and amount or provide evidence of liability insurance sufficient to …

S.C. Code Ann. § 13-7-145 Nonresident shippers and carriers not registered with Secretary of State; service of process at Office of Secretary of State; service outside state

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A. Any shipper who is not a resident of South Carolina and who is not registered with the Secretary of State for purposes of doing business within South Carolina shall be subject to service of process for purposes of administering and enforcing this article by leaving a copy of t…

S.C. Code Ann. § 13-7-150 Notification to State of variance from primary route and estimated date of arrival; content of certificate to accompany shipments; training requirements for carrier's operators

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A. After acceptance of and departure with a shipment of radioactive waste, a carrier shall immediately notify the Department of any variance, occurring after departure, from the shipper's notification of primary route and estimated date of arrival as provided in Section 13-7-160 …

S.C. Code Ann. § 13-7-160 Regulations; minimum requirements of final regulations; authority to classify waste by isotope and curie strength; enforcement of regulations; variance from advance notice requirements; authority to exempt small shipments from advance notice

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A. The Department shall issue interim regulations as needed for the implementation of this article immediately upon the effective date of this article, the provisions of chapter 23 of title 1 notwithstanding; provided, that the regulations at a minimum shall require that the ship…

S.C. Code Ann. § 13-7-170 Disposal facilities; reporting violations; no waste accepted without permit

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A. Owners and operators of disposal facilities shall permanently record, and report to the Department within twenty-four hours after discovery, any and all conditions in violation of the requirements of this article discovered as a result of inspections required by any license un…

S.C. Code Ann. § 13-7-180 Penalties for violation of Article 2; hearings; penalties additional to those provided by other statutes; factors in assessing penalties

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A. Notwithstanding any other provision of law, any person violating the provisions of this article, except as provided below for radiological violations, shall be assessed a civil penalty of up to one thousand dollars for each such violation; provided, that should the Department …

S.C. Code Ann. § 13-7-190 Disposition of monies collected under Article 2; price of permits to be sufficient to administer and enforce permitting provisions

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A. The monies obtained from the levying of fines, penalties or fees under this article shall accrue to the general fund of the State. B. The funds received from the purchase of permits shall be sufficient to administer and enforce the permitting provisions of this article.

S.C. Code Ann. § 13-7-20 Powers and duties of Division of State Development

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The Division of State Development of the Department of Commerce, hereinafter in this section referred to as the division, is hereby designated as the agency of the State which shall be responsible for the promotion and development of atomic energy resources in South Carolina. In …

S.C. Code Ann. § 13-7-200 Emergency orders and hearings

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Whenever the Department finds that an emergency, as hereinabove defined, exists requiring immediate action to protect the public health, and safety the Department may, without notice or hearing, issue an order reciting the existence of such emergency and requiring that such actio…

S.C. Code Ann. § 13-7-30 Powers and duties of State Fiscal Accountability Authority

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For purposes of this article, the State Fiscal Accountability Authority, hereinafter in this section referred to as the board, is designated as the agency of the State which shall have the following powers and duties that are in accord with its already established responsibilitie…

S.C. Code Ann. § 13-7-40 Powers and duties of Department of Health and Environmental Control; Technical Advisory Radiation Control Council; regulation of persons controlling or using sources of ionizing radiation

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(A) The Department of Health and Environmental Control is designated as the agency of the State which is responsible for the control and regulation of radiation sources but, notwithstanding anything in this article, does not have the power to regulate, license, or control nuclear…

S.C. Code Ann. § 13-7-410 Definitions

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As used in this article, unless context requires otherwise: (1) "Compact" means the Southern States Energy Compact; (2) "Board" means the Southern States Energy Board.

S.C. Code Ann. § 13-7-420 Adoption of compact; terms

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The Southern States Energy Compact is hereby enacted into law and entered into by the State of South Carolina with any and all states legally joining therein in accordance with its terms. Article I. Policy and Purpose The party states recognize that the proper employment and cons…

S.C. Code Ann. § 13-7-45 Regulation and schedule of licensing and registration fees for users of sources of ionizing and nonionizing radiation; level of fees; penalties for nonpayment

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(A)(1) The South Carolina Department of Health and Environmental Control shall promulgate regulations and establish a schedule for the collection of annual fees for the licensing, registration, and certification of users of the sources of ionizing radiation. The fees collected mu…

S.C. Code Ann. § 13-7-450 Cooperation with Board

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The departments, agencies and officers of this State and its subdivisions may cooperate with the Board in the furtherance of any of its activities pursuant to the compact.

S.C. Code Ann. § 13-7-460 Supplementary agreements not effective until funds appropriated

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Any supplementary agreement entered into under Article VI of the compact, requiring the expenditure of funds, shall not become effective as to the State until the required funds are appropriated by the General Assembly.

S.C. Code Ann. § 13-7-50 Emergency powers of Department of Health and Environmental Control

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Whenever the Department finds that an emergency, as hereinabove defined, exists requiring immediate action to protect the public health and safety the Department may, without notice or hearing, issue an order reciting the existence of such emergency and requiring that such action…

S.C. Code Ann. § 13-7-60 Agreements to take over certain activities from Federal Government; persons licensed by Federal Government

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(A) The Governor, on behalf of the State, is authorized to enter into agreements with the Federal Government providing for discontinuance of certain of the Federal Government's activities with respect to radiation sources and the assumption thereof by the State toward the end of …

S.C. Code Ann. § 13-7-610 Employers using nuclear material may obtain confidential criminal history of employee or applicant; written release required; use of record

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The security organization of any corporation or legal entity doing business in this State, engaged in the business of transporting, fabricating, storing or using in any manner nuclear material, shall be authorized to obtain from the South Carolina Law Enforcement Division a copy …

S.C. Code Ann. § 13-7-620 Fee for providing criminal history record

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The South Carolina Law Enforcement Division shall charge a reasonable fee to defray the administrative costs of providing criminal history record information under the provisions of Section 13-7-610. The Division is authorized to charge additional fees as are necessary to dischar…

S.C. Code Ann. § 13-7-70 Rules and regulations as to transportation of materials; agreements with Federal agencies as to enforcement and inspection; exception for waste regulated by Article 2

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(1) The South Carolina Department of Health and Environmental Control (the Department) shall adopt rules and regulations governing the transportation of radioactive materials in South Carolina which, in the judgment of the Department, shall protect the public health and safety an…

S.C. Code Ann. § 13-7-80 Penalties

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Any person who shall violate, whether negligently or otherwise, any rule or regulation promulgated pursuant to this article shall be deemed guilty of a misdemeanor and upon conviction may be punished by a fine of not less than one hundred dollars nor more than five hundred dollar…

S.C. Code Ann. § 13-7-810 Nuclear Advisory Council

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There is hereby established a Nuclear Advisory Council in the SC Nexus for Advanced Resilient Energy at the Department of Commerce, which shall be responsible to the Secretary of the Department of Commerce and the council shall report to the Governor. The council shall be referre…

S.C. Code Ann. § 13-7-820 Duties

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The duties of the council, in addition to such other duties as may be requested by the Governor, shall be: (1) to provide advice and recommendations to the Governor on issues involving the use, handling, and management of the transportation, storage, or disposal of nuclear materi…

S.C. Code Ann. § 13-7-830 Recommendations of council

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The recommendations described in Section 13-7-820 shall be made available to the General Assembly and the Governor.

S.C. Code Ann. § 13-7-840 Membership; terms; vacancies

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(A) The council shall consist of eleven members. One at-large member shall be appointed by the Speaker of the House of Representatives from the membership of House of Representatives and one at-large member shall be appointed by the President of the Senate from the membership of …

S.C. Code Ann. § 13-7-85 Department authorized to hold hearings and fix schedule of fines and penalties; each day of noncompliance to constitute separate violation; factors in assessing penalty; compliance with orders pending hearing; monies received under Article 1 accrue to general fund

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(A) The Department is authorized to hold public hearings, compel attendance of witnesses, make findings of fact and determinations and to assess civil penalties. The Department by rule or regulation shall fix a schedule of reasonable fines and civil penalties relating to violatio…

S.C. Code Ann. § 13-7-850 Chairman; compensation of members

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The Governor shall designate the chairman from the membership. When on business of the council, members shall be entitled to receive such compensation as provided by law for boards and commissions.

S.C. Code Ann. § 13-7-860 Staff

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Staff support for the council shall be provided by the SC Nexus for Advanced Resilient Energy at the Department of Commerce.

S.C. Code Ann. § 13-7-90 Exemption from certification requirements with respect to persons practicing as operators of sources of ionizing radiation on May 26, 1986

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Any person who is practicing as an operator of sources of ionizing radiation on May 26, 1986 is exempt from the certification requirements promulgated by the Department of Health and Environmental Control provided that such person applies for certification as an operator within s…