South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-107 - Solid Waste Management
Subchapter 61-107.279 - SOLID WASTE MANAGEMENT: USED OIL
Subpart D - STANDARDS FOR USED OIL COLLECTION CENTERS AND AGGREGATION POINTS
Section 61-107.279.D.33 - Petroleum Fund
Current through Register Vol. 48, No. 9, September 27, 2024
a. No person may recover from the owner or operator of a registered used oil collection facility that accepts used oil from the public (do-it-yourselfers) in five (5) gallon or less quantities any costs of response actions resulting from a release of either used oil or a hazardous substance from a used oil collection facility if such used oil is:
b. If a hazardous substance is found to be mixed with used oil accepted from the public at a registered used oil collection facility, any costs for the proper disposal of this contaminated waste will be incurred by the Petroleum Fund, if no more than five (5) gallons of used oil was accepted from any one person at any one time. This subsection applies to that portion of the used oil collection facility utilized for the collection of used oil and does not apply if the owner or operator is grossly negligent in the operation of the public used oil collection facility. Nothing in this section shall affect or modify in any way the obligations or liability of any person under any other provisions of state or federal law, including common law, for injury or damage resulting from the release of used oil or hazardous substances. For the purpose of this subsection, the owner or operator of a used oil collection facility may presume that a quantity of no more than five (5) gallons of used oil accepted from any member of the public is not mixed with a hazardous substance, if the owner or operator acts in good faith and in the belief the oil is generated from the individual's personal activity.