South Carolina General Assembly
107th Session, 1987-1988

Bill 2831


                    Current Status

Bill Number:               2831
Ratification Number:       470
Act Number                 431
Introducing Body:          House
Subject:                   To require licensing of asbestos
                           abatement projects and asbestos removal
                           contractors, supervisors, workers, air sampling
                           professionals, and consultants
View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A431, R470, H2831)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 87 IN TITLE 44 SO AS TO REQUIRE LICENSING OF ASBESTOS ABATEMENT PROJECTS AND ASBESTOS REMOVAL CONTRACTORS, SUPERVISORS, WORKERS, AIR SAMPLING PROFESSIONALS, AND CONSULTANTS BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO PROVIDE A SCHEDULE OF FEES FOR THE LICENSES, TO PROVIDE THAT THE DEPARTMENT SHALL RETAIN THE FEES, AND TO PROVIDE A CIVIL PENALTY FOR VIOLATIONS.

Be it enacted by the General Assembly of the State of South Carolina:

Chapter added

SECTION 1. Title 44 of the 1976 Code is amended by adding:

"CHAPTER 87

Section 44-87-10. 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. 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. 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. 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. 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."

Time effective

SECTION 2. This act takes effect July 1, 1988.