Archives > 1976 South Carolina Code of Laws - Previous Versions > 2004 Session > Title 44

This statutory database is current through the 2004 Regular Session of the South Carolina General Assembly. Changes to the statutes enacted by the 2005 General Assembly, which will convene in January 2005, will be incorporated as soon as possible. Some changes enacted by the 2005 General Assembly may take immediate effect. The State of South Carolina and the South Carolina Legislative Council make no warranty as to the accuracy of the data, and users rely on the data entirely at their own risk.




SECTION 44-87-10. Definitions.

As used in this chapter:

(1) "Asbestos abatement entity" means any individual, partnership, firm, association, corporation, sole proprietorship, or other business concern as well as any governmental, religious, or social organization or union with one or more employees or members which performs asbestos removal or encapsulation.

(2) "Asbestos project" means any activity involving the removal, encapsulation, enclosure, renovation, repair, demolition, or other disturbance of friable asbestos containing materials.

(3) "Contractor" means any individual partnership, corporation, or other business concern that performs asbestos abatement for a building owner but that is not a permanent employee of the building owner.

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

SECTION 44-87-20. License required for each asbestos abatement project; fees; application for license.

Asbestos abatement entities performing asbestos projects shall, before beginning work on a project, obtain an asbestos abatement license from the department. The license must be obtained for each project, and the fee for the license is based on the square footage or linear footage of asbestos to be removed as follows:

(1) for projects, excluding special projects, removing less than two hundred fifty square feet or linear feet of asbestos - twenty-five dollars;

(2) for projects removing between two hundred fifty and ten thousand square feet or linear feet of asbestos - ten cents for each square foot or linear foot;

(3) for projects removing more than ten thousand square feet or linear feet - one thousand dollars.

The department shall retain the fees imposed by this section.

The department may prescribe appropriate license application forms and may require attachment thereto documentation sufficient to verify that the appropriate fee is paid. The department may by regulation define a category of special projects and prescribe alternate procedures and fees for licensing special projects.

The department shall retain the fees imposed by this section.

SECTION 44-87-30. Annual license for contractors, supervisors, workers, air sampling professionals and consultants; fees; application for license.

Contractors, supervisors, workers, air sampling professionals, and consultants engaged in an asbestos project shall obtain an annual license from the department according to the following schedule:

(1) contractor - one hundred dollars;

(2) supervisor - fifty dollars;

(3) worker - ten dollars;

(4) air sampling professional - one hundred dollars;

(5) consultant - one hundred dollars. Licenses are valid for one year from the date of issue. The department may prescribe license application forms and may require attachment thereto documentation sufficient to verify that the appropriate fee is paid. The department by regulation may define other categories and requirements for licensing of personnel who perform asbestos abatement work on special projects.

The department shall retain the fees imposed by this section.

SECTION 44-87-40. Rules and regulations.

The department may promulgate and enforce regulations to implement this chapter and to prescribe standards of performance for asbestos removal operations and criteria for obtaining the licenses required by this chapter.

SECTION 44-87-50. Penalties for violations of chapter.

In addition to any other penalties provided by law or regulation, any person violating the provisions of this chapter may be assessed a civil penalty by the department in an amount not exceeding one thousand dollars for each violation.