State Specific Policy Resources: South Carolina

Auxiliary Containers

• S.C. Code Ann. Title 44, Ch. 96, Art. 1, § 44-96-150. Packaging; plastics.

Electronics Recycling

• Electronics Recycling Law - S.C. Code Ann. Title 48, Chapter 60; § 48-60-05 to § 48-60-170
• SC Dept. of Health and Environmental Control - E-Cycle South Carolina

Materials Theft

• State Metal Scrap Law:
• Nonferrous - S.C. Code Ann. Title 16, Ch. 17, Section 680; § 16-17-680 (as amended by 2021 SC HB 3991, effective May 18, 2021)
• Unlawfully Obtaining - S.C. Code Ann. Title 16, Ch. 11, Section 523; § 16-11-523
• Railroad Materials: S.C. Code Ann. Title 58, Ch. 15; § 58-15-870 and § 58-15-875
• ISRI Summary of South Carolina Metal Scrap Statute (July 30, 2021)

Scrap Yard / Junk Yard Zoning

• S.C. Code Ann. Title 57, Ch. 27. Junkyard Control; § 57-27-10 to § 57-27-100

State Superfund (SREA Equivalent)

• S.C. Code Ann. Title 44, Ch. 56, Art. 1, § 44-56-200. Department of Health and Environmental Control may implement and enforce Public Law 96-510 relating to hazardous waste cleanup; owner defined.
• § 44-56-200.(B)(3) states that "For purposes of this chapter, the provisions of the Superfund Recycling Equity Act, 42 U.S.C. Section 9627, shall apply."

Stormwater Permitting

• South Carolina DHEC - Industrial Activities Associated with Stormwater Discharges
• Permit Number SCR000000 - for Storm Water Discharges Associated with Industrial Activities
  Issued: 05/26/22; Effective: 07/01/22; Expires:06/30/27
• SC DHEC ePermitting

Tire / Rubber

• ISRI note: S.C. Code Ann. Title 44, Ch. 96, Art. 1, § 44-96-170. Waste tires is the primary tire recycling section among those listed below.
• S.C. Code Ann. Title 12 - Taxation
• Ch. 6. South Carolina Income Tax Act
• § 12-6-3460. Definitions. (ISRI note: rubber included in "postconsumer waste material"
• § 12-6-3465. Recycling facility tax credits.
• Ch. 10. Enterprise Zone Act of 1995
• § 12-10-45. Designation of census tract by tire manufacturer as enterprise zone; certification of tire manufacturer.
• § 12-10-81. Job development tax credits. (ISRI note: includes tire manufacturers)
• Ch. 36. § 12-36-90. "Gross proceeds of sales". (ISRI note: Sales and use tax act; does not include new tire fee)
• Ch. 37. Assessment of Property Taxes
• § 12-37-930. Valuation of property; depreciation allowances for manufacturer's machinery and equipment; department may permit adjustment in allowance. (ISRI note: schedule subsection (26) Rubber Products includes the manufacture of finished rubber products and the recapping, retreading and rebuilding of tires; also includes reference to equipment used in the manufacture of tires
• § 12-37-935. Maximum percentage depreciation; trust fund for tax relief. (ISRI note: includes tire manufacturers)
• S.C. Code Ann. Title 13, Ch. 1, § 13-1-380. Recycling Market Development Advisory Council. (ISRI note: one member shall represent the tire industry)
• S.C. Code Ann. Title 16, Ch. 1, § 16-1-100. Crimes classified as misdemeanors. (ISRI note: Class C misdemeanors includes nonconforming regrooved tires)
• S.C. Code Ann. Title 39, Ch. 75. Regrooved and Regroovable Tires
• S.C. Code Ann. Title 44, Ch. 96, Art. 1. Solid Waste Policy; Specific Wastes
• § 44-96-40. Definitions. (ISRI note: "specific wastes" includes tires; section also includes various tire definitions)
• § 44-96-50. State solid waste management policy and goals. (ISRI note: "municipal solid waste" includes tires)
• § 44-96-60. State solid waste management plan; revision of plan and annual report; State Solid Waste Advisory Council.
• § 44-96-100. Violations of certain regulations; issuance of order for compliance or civil action for injunctive relief; wilful violations; penalty; additional powers and duties of department. (ISRI note: includes violations of waste tire statutes)
• § 44-96-120. Establishment of the Solid Waste Management Trust Fund; Waste Tire Grant Trust Fund.
• § 44-96-140. Recycling programs of state government; state procurement policy; report of the Department of Transportation. (ISRI note: includes tires, also requires an annual report on the use of various materials, including ground rubber from tires, in road surfacing of subbase materials)
• § 44-96-165. Independent audits of trust funds. (ISRI note: includes Waste Tire Trust Fund)
• § 44-96-170. Waste tires.
• S.C. Code Ann. Title 48. Environmental Protection and Conservation
• Ch. 52, § 48-52-220. "Renewable energy resources" defined. (ISRI note: includes energy derived from waste tires)
• Ch. 53. Transportation of Litter (ISRI note: "litter" includes rubber; requires covering to prevent load escaping)
• S.C. Code Ann. Title 56 - Motor Vehicles
• Ch. 3, § 56-3-2335. Research and development license plates. (ISRI note: includes provisions for R&D on tires by tire manufacturers)
• Ch. 5. Uniform Act Regulating Traffic on Highways
• § 56-5-300. Pneumatic tire defined.
• § 56-5-310. Solid tire defined.
• § 56-5-320. Metal tire defined.
• § 56-5-5040. Tires. (ISRI note: tire standards)

Vehicle Detitling / Dismantling

• S.C. Code Ann. Title 16, Ch. 1, § 16-1-100. Crimes classified as misdemeanors. (ISRI Note: includes violations of § 56-19-480)
• S.C. Code Ann. Title 23, Ch. 3, Art. 3, § 23-3-175. Inspection of junkyard, car dealership, parking lot, etc., for purpose of locating stolen vehicle or investigating titling or registration of wrecked or dismantled vehicle.
• S.C. Code Ann. Title 40, Ch. 27. Junk Dealers (ISRI Note: includes rules for persons buying vehicles and for "motor vehicle junk yards in counties with city over 70,000")
• S.C. Code Ann. Title 50, Ch. 23, Art. 1, § 50-23-185. Inspection of watercraft related facilities. (ISRI Note: includes "junkyard, scrap metal processing facility, salvage yard… dealing with salvaged watercraft or outboard motors or parts of them")
• S.C. Code Ann. Title 56. Motor Vehicles
• Chapter 5. Uniform Act Regulating Traffic on Highways
• Art. 39, § 56-5-5670. Duties of demolishers; disposal of vehicle to demolisher or secondary metals recycler; records; penalties.
• Article 41. Disposition Of Abandoned Or Derelict Motor Vehicles On Public Or Private Property
• § 56-5-5870. Contract for collection of vehicles and related services; collecting areas.
• § 56-5-5945. Duties of demolishers; disposal of vehicle; title requirements; records; penalties.
• Ch. 15, Art. 4. § 56-15-440. Applicability to dealers engaged primarily in motor vehicle salvage.
• Ch. 19, Article 3. Certificates of Title
• § 56-19-440. Suspension or revocation of certificate.
• § 56-19-480. Transfer and surrender of certificates, license plates, registration cards and manufacturers' serial plates of vehicles sold as salvage, abandoned, scrapped or destroyed.
• § 56-19-485. Designation of vehicles as "wreckage" or "salvage", etc.

Mercury Switch Removal

• S.C. Code Ann. Title 12, Ch. 6, Art. 25, § 12-6-3525. Tax credits for vehicle or scrap recyclers participating in End-of-Life Vehicle Solutions (ELVS) Program.
• S.C. Code Ann. Title 44, Ch. 96, Art. 1, § 44-96-185. Automobile mercury switch removal; End-of-Life Vehicle Solutions (ELVS) Program; penalties.

Abandoned Vehicles

• S.C. Code Ann. Title 16, Ch. 13, § 16-13-175. Confiscation and forfeiture of motor vehicle used in larceny; hearing. (ISRI Note: forfeited motor vehicle considered abandoned and disposed of as provided by § 56-5-5640)
• S.C. Code Ann. Title 50, Ch. 23, Art. 1, § 50-23-205. Seizure of certain watercraft; notice of seizure and of time for removal; forfeiture and disposal.
• S.C. Code Ann. Title 56, Ch. 5. Uniform Act Regulating Traffic on Highways
• Article 39. Disposition Of Abandoned Motor Vehicles On Highways
• § 56-5-5640. Sale of unclaimed vehicles; disposition of proceeds.
• § 56-5-5670. Duties of demolishers; disposal of vehicle to demolisher or secondary metals recycler; records; penalties.
• Article 41. Disposition Of Abandoned Or Derelict Motor Vehicles On Public Or Private Property
• § 56-5-5810. Definitions.
• § 56-5-5870. Contract for collection of vehicles and related services; collecting areas.
• § 56-5-5945. Duties of demolishers; disposal of vehicle; title requirements; records; penalties.
• Art. 43, § 56-5-6240. Forfeiture, confiscation, and disposition of vehicles seized for conviction of DUS or DUI; notice to registered owner; request for hearing; return of vehicle.