2. Open Fire Burning Regulation The health department director may prohibit the burning of any material in open fire by any person on public or semi-public refuse disposal facilities or at other central refuse disposal sites. He may also prohibit the burning of any material in an open fire by any person in connection with any salvage operation. (Sec. 23-25-18) South Carolina . 1. Air Pollution Control Act GENERAL STATEMENT 1/ House Bill No. 1227 (1965) changed the name of the Water Pollution Control Authority to the "Pollution Control Authority." The Authority has jurisdiction to abate, control, and prevent the pollution of the waters and air of the State consistent with the protection of the health and physical property of the people, maximum employment and the full industrial development of the State. The Authority is empowered to adopt rules and regulations, hold hearings, enter orders, represent the State in formation of interstate compacts, and bring suit to compel compliance with its orders. Violation of Authority orders is punishable by fine, and injunctions may be imposed, A. "Air contaminant" means particulate matter, dust, fumes, gas, B. "Source" is any and all points or origin of air contaminants whether privately or publicly owned or operated, (Sec. 1). C. "Undesirable levels" means the presence in the outdoor atmosphere of one or more air contaminants in sufficient quantities and of such characteristics and duration as to be injurious to human, plant or animal life or to property. (Sec. 1). III. POLLUTION CONTROL AUTHORITY OF SOUTH CAROLINA A. Composition and Organization The Commission has ten members. Two members are named by the executive committee of the State Board of Health from within its membership to serve at the pleasure of the executive committee. The State Health Officer serves permanently as chairman. Seven members are appointed by the Governor: one from a list of three submitted by the Cotton Manufacturer's Association of South Carolina; one from a list of three submitted by the South Carolina Wildlife Federation; one from a list of three submitted by the 1/ Citations preceded by "70-" refer to the Code of Laws of South Carolina 1962. Other citations are to House Bill No. 1227 (1965). Municipal Association of South Carolina; one from a list of three submitted by the pulp and paper industry; one former actively engaged in farming; two from a list of three names from the ranks of labor submitted by the Commissioner of Labor. The seven gubernatorial appointees serve four year terms. The appointive members receive per diem, travel, and subsistence while performing their duties. (Sec. 70-105). 1. To hold public hearings, compel attendance of witnesses, 2. 3. Institute legal proceedings to compel compliance with this law or its determinations and orders. (Secs. 70-110(4) and 5(A)(5)). Issue, continue in effect, or deny permits for the pre- 4. Conduct investigations. (Sec. 70-110 (6)). 5. Settle or compromise penalty suits. (Sec. 70-110 (7)). Cooperate with the governments of the United States, other Conduct studies and research. (Sec. 70-110 (10)). Serve as the agency of the State for receipt of money from To adopt, amend, and cancel rules and regulations to implement this law and to govern its procedures. (Sec. 70-108 as amended by Sec. 4). To seek the control of air contaminants by all practical To prepare and develop a general plan for the proper IV. 12. 13. 14. 15. 16. To enter at all reasonable times in or upon any private or public property, except private residences or dwellings of four families or less, to inspect and investigate any condition which the Authority shall have reasonable cause to believe to be a source of air contaminant. (Sec. 5(A) (2)). To enter such orders or determinations as may be necessary to effectuate the purposes of this act. (Sec. 5(A)(4)). To have assistance and cooperation of other State agencies. (Sec. 5(A) (6)). To encourage voluntary cooperation in restoration and preservation of a reasonable degree of purity of air. (Sec. 5(B) (1)). To collect and disseminate information on air control. C. Jurisdictional Limitation Nothing contained in this act shall be deemed to grant to the Authority any jurisdiction or authority to make any rule, regulation or determination or to enter any order with respect to air conditions existing solely within the property boundaries of commercial and industrial plants, works or shops or to affect the relations between employers and employees with respect to or arising out of any air condition. (Sec. 5(C)). EXECUTIVE DIRECTOR The executive director is selected by the Authority. He has authority and performs duties as directed by the Authority. (Sec. 70-106). V. PROCEDURE A. Hearings 1. 2. A record, or summary thereof, shall be taken and filed with the Authority. If requested by any person concerned with the hearing, a full stenographic transcript, or actual recording shall be made and filed. (Sec. 70-127). An Authority member, the executive director, or any employee or agent thereof authorized by the Authority may administer oaths, examine witnesses and issue notices of hearings and subpoenas. (Sec. 70-128). 3. Courts of Common Pleas may, on application of the B. Appeals Any person may appeal an Authority order within 30 days after its filing. On appeal, further testimony may be taken. (Sec. 70-131). C. Variances Variances for up to one year may be granted upon a finding that compliance with any provision of this act, or any rule or regulation, final order or determination of the Authority, will result in an arbitrary and unreasonable taking of property or in the practical closing and elimination of any lawful business, occupation or activity, in either case without sufficient corresponding benefit or advantage to the people. Variances shall be conditioned on the submission of periodic progress reports. Variances may be extended from year to year. (Sec. 7). Any information relating to secret processes or methods or manufacture or production obtained by the Authority in the administration of this act shall be kept confidential. (Sec. 6). VI. PENALTIES AND INJUNCTIONS Willful violation of any final determination or order of the (Sec. 70 $1000, imprisonment of up to one year, or both. Each day on 133, 1964 suppl). The Attorney General shall upon request of the Authority SCOPE AND CONSTRUCTION A. Causes of action arising from violations of the prohibitions |