South Carolina Beverage Container Recycling Act

2025-2026 Bill 750: South Carolina Beverage Container Recycling Act - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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S. 750
STATUS INFORMATION
General Bill
Sponsors: Senator Ott
Document Path: LC-0346VR26.docx
Introduced in the Senate on January 13, 2026
Currently residing in the Senate Committee on
Agriculture and Natural Resources
Summary: South Carolina Beverage Container Recycling Act
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

12/10/2025

Senate

Prefiled

12/10/2025

Senate

Referred to Committee on
Agriculture and Natural Resources

1/13/2026

Senate

Introduced and read first time (
Senate Journal-page 41
)

1/13/2026

Senate

Referred to Committee on
Agriculture and Natural Resources
(
Senate Journal-page 41
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
12/10/2025

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE
"SOUTH CAROLINA BEVERAGE CONTAINER RECYCLING ACT" BY ADDING CHAPTER 97 TO TITLE
44 SO AS TO ESTABLISH A BEVERAGE CONTAINER RECYCLING PROGRAM BY WHICH BEVERAGE
DISTRIBUTORS OPERATING WITHIN SOUTH CAROLINA ARE REQUIRED TO REGISTER WITH THE
DEPARTMENT OF REVENUE AND PAY THE DEPARTMENT OF REVENUE DEPOSITS ON BEVERAGE
CONTAINERS COLLECTED FROM DEALERS OR CONSUMERS, WITH CERTAIN EXCEPTIONS; TO
ESTABLISH AN INITIAL REFUND VALUE FOR DEPOSIT BEVERAGE CONTAINERS; TO CREATE A
DEPOSIT BEVERAGE CONTAINER FUND IN THE OFFICE OF THE STATE TREASURER TO BE USED
FOR CERTAIN PURPOSES; TO REQUIRE THE COMPTROLLER GENERAL TO CONDUCT AUDITS OF
THE DEPOSIT BEVERAGE CONTAINER PROGRAM; TO PROVIDE FOR THE OPERATION OF
REDEMPTION CENTERS FOR THE COLLECTION AND PROCESSING OF DEPOSIT BEVERAGE
CONTAINERS REGULATED BY THE DEPARTMENT OF ENVIRONMENTAL SERVICES; TO ESTABLISH
REQUIREMENTS FOR OPERATION OF CERTIFIED REDEMPTION CENTERS; TO REQUIRE
REPORTING BY THE DEPARTMENT OF ENVIRONMENTAL SERVICES AND THE DEPARTMENT OF
REVENUE; TO AUTHORIZE CERTAIN STATE AGENCIES TO PROMULGATE REGULATIONS TO
IMPLEMENT THE PROVISIONS OF THE CHAPTER; TO PROVIDE FOR THE ESTABLISHMENT OF AN
ADVISORY COMMITTEE TO MAKE RECOMMENDATIONS REGARDING REGULATIONS; TO ESTABLISH
PENALTIES AND THE RIGHT TO CHALLENGE THE IMPOSITION OF PENALTIES THROUGH AN
ADMINISTRATIVE HEARING; AND FOR OTHER PURPOSES.

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
This act may be cited as the "South Carolina Beverage Container
Recycling Act."

S
ECTION 2.
T
itle 44 of the S.C. Code is amended by adding:

C
HAPTER 97

S
outh Carolina Beverage Container Recycling

S
ection
44-97-10
.
A
s used in this chapter:

(
1)
"Administrative fee" means an amount paid by the State to a certified processor
to defray administrative costs.

(
2) "Bureau"
means the Bureau of Land and Waste Management, a division of the Department of
Environmental Services.

(
3) "Cancel"
means to crush, flatten, shred, or otherwise render a deposit beverage
container unfit for reuse or redemption.

(
4) "Certified
processor" means a facility designed for the collection, processing, and sale
or reuse of secondary resources that would otherwise be disposed of as
municipal solid waste, and that has been certified by the department to
purchase, quantify, document, cancel, process, and reuse or sell for reuse,
deposit beverage containers that have been collected at certified redemption
centers.

(
5) "Certified
redemption center" means an operation that has been certified by the department
to accept empty deposit beverage containers from consumers; sort the containers
according to material type and, if applicable, color and size; pay no less than
the established refund value either to the consumer or to a recipient
designated or intended by the consumer; ensure that the properly sorted
containers are received by a certified processor; and, where authorized, cancel
the empty containers. A certified redemption center may be a:

(
a)
dedicated storefront facility;

(
b)
facility that is operated by and is a part of a:

(
i)
grocery store or other retailer;

(
ii)
nonprofit agency or facility, such as a homeless shelter;

(
iii)
recycling program operated by, or on behalf of, a county, municipal or
metropolitan government, including a recycling convenience center, a waste
transfer station, a materials recovery facility, or a landfill; or

(
iv)
certified processor;

(
c)
portable microsite redemption center;

(
d)
mobile redemption center; or

(
e)
reverse vending machine.

(
6)
"Comptroller" means the Office of the Comptroller General.

(
7)
"Consumer" means a person who buys a beverage in a deposit beverage container
for use or consumption and pays the deposit.

(
8)
"Container recovery fee" means an amount paid by a deposit beverage distributor
to defray the costs of collecting and recycling deposit beverage containers and
administering the deposit program.

(
9)
"Dealer" means a person who engages in the sale of beverages in deposit
beverage containers to a consumer for off-premises consumption in the State.

(
10)
"Department" means the Department of Environmental Services.

(
11)
"Deposit beverage" means beer, ale, or other drink produced by fermenting malt;
carbonated soft drinks; carbonated and noncarbonated water, including flavored
water; tea and coffee drinks regardless of dairy-derived product content;
juices, including one hundred percent juices and juice blends; wine coolers,
flavored malt beverages and any other juice-based beverage with an alcohol
content of not more than seven percent by volume; hemp-infused beverages; and
all nonalcoholic drinks in liquid form and intended for internal human
consumption that are contained in a deposit beverage container. "Deposit
beverage" excludes the following:

(
a)
a liquid which is:

(
i)
a syrup;

(
ii)
in a concentrated form; or

(
iii)
typically added as a minor flavoring ingredient in food or drink, such as
extracts, cooking additives, sauces, or condiments;

(
b)
a liquid which is a drug, medical food, or infant formula as defined by the
Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Section 301, et seq.;

(
c)
a liquid which is designed and consumed only as a dietary supplement and not as
a beverage as defined in the Dietary Supplement Health and Education Act of
1994 (Public Law 103-417);

(
d)
products frozen at the time of sale to the consumer, or, in the case of
institutional users such as hospitals and nursing homes, at the time of sale to
the users;

(
e)
products designed to be consumed in a frozen state;

(
f)
instant drink powders;

(
g)
seafood, meat, or vegetable broths, or soups, but not juices; and

(
h)
milk and all other dairy-derived products, except tea and coffee drinks
containing these products.

(
12)
"Deposit beverage container" means an individual, separate, sealed container
that is not considered a refillable beverage container, as defined in this
section, and that is made of glass, aluminum, steel, bimetal, or plastic,
including polyethylene terephthalate (PET), high-density polyethylene (HDPE),
and all other plastic types and grades, in sizes less than or equal to two
liters, and used for containing, at the time of sale to the consumer, a deposit
beverage intended for use or consumption in this State.

(
13)
"Deposit beverage container fund" means a fund created in the Office of the State
Treasurer by the Department of Revenue, into which are deposited all program
fees, deposits, fines, and interest, and out of which are paid all program
costs, refund values, handling fees, administrative fees, disposal costs, and
other allocations.

(
14)
"Deposit beverage container program" means an administrative entity created
within the Bureau of Land and Waste Management of the Department of
Environmental Services to carry out the requirements of this chapter.

(
15)
"Deposit beverage distributor" means a person who is a manufacturer of
beverages in deposit beverage containers sold in this State, or who imports and
engages in the sale of filled deposit beverage containers to a dealer or
consumer, and includes federal agencies and military distributors, but does not
include airlines and shipping companies that merely transport deposit beverage
containers.

(
16)
"Fiscal year" means the twelve-month period beginning on any July first and
ending on the following June thirtieth.

(
17)
"Handling fee" means an amount paid by the State to a certified redemption
center to defray the costs of, and provide a reasonable financial return for,
receiving, quantifying, sorting, storing, documenting, canceling, and ensuring
that redeemed deposit beverage containers are received by a certified
processor.

(
18)
"Import" means to buy, bring, or accept delivery of deposit beverage containers
from an address, supplier, or any entity outside of the State.

(
19)
"Importer" means a person who buys, brings, or accepts delivery of deposit
beverage containers from outside the State for sale or use within the State.

(
20)
"Microsite redemption center" means a portable, attended roll-off trailer
designed and equipped to serve as a certified redemption center, and typically
located in the parking lot of a host grocery store or other retailer.
Redemption refunds are typically issued in the form of a credit slip that the
consumer may redeem for cash or apply toward purchases inside the host grocery
store or retailer.

(
21)
"Mobile redemption center" means a certified redemption center designed to
bring redemption services to residences, institutions, conventions, businesses,
and other entities, either on a one-time or on-going basis. A mobile redemption
center may operate independently, or it may be operated in conjunction with
another certified redemption center or a certified processor.

(
22)
"On-premises consumption" means consumption of a deposit beverage by a consumer
immediately and within the area under control of the establishment, including
bars, restaurants, passenger ships, and airplanes.

(
23)
"Person" means an individual, partnership, firm, association, public or private
corporation, federal agency, the State or any of its political subdivisions,
trust, estate, or another legal entity.

(
24)
"Refillable beverage container" means a beverage container that is intended to
be returned intact to the manufacturer or distributor to be washed, refilled,
and resold; that is sold in a container which has a brand name permanently
marked on it; and that bears a manufacturers' refund value of at least five
cents.

(
25)
"Reverse vending machine" means a self-service certified redemption center,
typically located adjacent to a grocery store, into which a consumer feeds
empty deposit beverage containers, which electronically scans the container's
bar code, sorts and cancels the container, records the transaction information,
and issues a refund in the form of a redeemable credit slip, cash, or donation
to a designated charity.

S
ection
44-97-20
.
(
A) By September 1,
2026, all deposit beverage distributors operating within the State shall
register with the Department of Revenue in a manner and form prescribed by the
Department of Revenue. After September 1, 2026, any person who desires to
conduct business in the State as a deposit beverage distributor shall register
with the Department of Revenue no later than one month prior to the
commencement of the business.

(
B)
All deposit beverage distributors shall maintain records reflecting the
manufacture and importation of beverages in deposit beverage containers as well
as in refillable beverage containers. The records must be made available, upon
request, for inspection by the Department of Revenue and the Department of
Environmental Services. Proprietary information obtained by either department
must be kept confidential and may not be disclosed to another person, except:

(
1)
as may be reasonably required in an administrative or judicial proceeding to
enforce a provision of this chapter or a regulation promulgated pursuant to
this chapter; or

(
2)
pursuant to an order issued by a court or administrative agency hearings
officer.

S
ection
44-97-30
. A local government may not impose or collect an assessment or fee
on deposit beverage containers for the same or similar purpose that is the
subject of this chapter.

S
ection
44-97-40
.
(
A) Beginning March 1,
2027, every deposit beverage distributor shall pay to the Department of Revenue
a deposit on each deposit beverage container manufactured in or imported into
the State.

(
B)
The deposit beverage distributor may recollect the deposit after the deposit
beverage container is canceled or is returned to the distributor for reuse. If
a distributor recollects the deposit, the distributor shall pay a deposit for
the container once it is reentered into the stream of commerce.

(
C)
The deposit is five cents and must remain at that level until changed by an act
of the General Assembly.

S
ection
44-97-50
.
(
A) Beginning April 1,
2027, every deposit beverage distributor shall charge the dealer or consumer a
deposit equal to the refund value for each deposit beverage container sold in
South Carolina. The deposit charge must appear as a separate line item on any
invoice or sales receipt. The deposit charge is not subject to any state tax.

(
B)
Beginning April 1, 2027, a dealer shall charge the consumer at the point of
sale a deposit equal to the refund value for each deposit beverage container
sold in South Carolina, except on beverages intended for on-premises
consumption. The deposit charge must appear as a separate line item on any
sales receipt or invoice. The deposit charge is not subject to state tax.

(
C)
The deposit beverage distributor is responsible for refunding the deposit to a
redemption center or individual who returns a deposit beverage container for
reuse.

S
ection
44-97-60
.
(
A) Beginning April 1,
2027, every deposit beverage container sold in this State shall have a South
Carolina refund value of five cents. The refund value is the amount of the
deposit required. Once a refund value has been applied to a deposit beverage
container, the deposit on that container may not be changed, and may not be
collected more than once.

(
B)
The refund value must be clearly printed, embossed, stamped, labeled, or
otherwise marked on the container, along with the word "South Carolina" or the
letters "SC." The names or letters representing other states with comparable
deposit legislation also may be included in the indication of refund value.
Other indications may be required as specified in regulations, and in a form
and manner prescribed by the bureau.

(
C)
Each deposit beverage container must encode within the unique Universal Product
Code or similar machine-readable indicia, information regarding the size and
type of container and the refund value of the container in the states in which
the container is intended to be sold.

(
D)
Inventory already in circulation on April 1, 2027, must be affixed or sold with
an adhesive sticker bearing the refund value of the container, the words "South
Carolina" or the letters "SC" and a bar code bearing the redemption
information. These stickers must be purchased from the Department of Revenue by
the beverage distributors, who shall pay the deposit value of five cents per
sticker.

(
E)
This section does not apply to any type of refillable beverage container.

S
ection
44-97-70
.
(
A) There is established
in the Office of the State Treasurer by the Department of Revenue the "deposit
beverage container fund," hereafter "fund," into which must be deposited all:

(
1)
revenues generated from the deposit beverage container deposit;

(
2)
accrued interest from this fund; and

(
3)
fines and penalties assessed for violations of this chapter.

(
B)
Monies in the fund must be used to:

(
1)
reimburse refund values for deposit beverage containers redeemed by certified
redemption centers pursuant to Section
44-97-150
; and

(
2)
employ personnel to oversee the implementation of the deposit beverage
container program, including permitting and enforcement activities.

S
ection
44-97-80
. The Comptroller General shall conduct a management and financial
audit of the deposit beverage container program for Fiscal Years 2027-2028 and
2029-2030, and for each fiscal year thereafter ending in an even-numbered year.
The Comptroller General shall submit the audit report, including the amount of
unredeemed refund value and recommendations, to the General Assembly, the
Department of Revenue, and Department of Environmental Services before January
second following the end of the preceding reporting period. The costs incurred
by the Comptroller General for the audit must be reimbursed by the deposit
beverage container fund. The Comptroller General may contract the audit
services of a third party to conduct the audit.

S
ection
44-97-90
. The department and the Department of Revenue are authorized to
promulgate regulations to effect the purposes of this chapter. These
regulations must be promulgated in accordance with the South Carolina
Administrative Procedures Act.

S
ection
44-97-10
0. Full implementation of the deposit beverage container program must
commence on April 1, 2027.

S
ection
44-97-110
. Every dealer shall post a clear and conspicuous sign at each public
entrance to the dealer's place of business, which specifies the name, address,
phone number, and hours of operation of the closest certified redemption
centers.

S
ection
44-97-120
. The department shall promulgate a regulatory definition of an
underserved area with regard to certified redemption centers. If an area is
underserved according to this definition, the department, with input from the
affected county, shall use its best efforts to see that a certified redemption
center or microsite certified redemption center is established in that area. If
other funding is not available, monies from the deposit beverage container fund
may be used to establish and support the certified redemption center or
microsite certified redemption center.

S
ection
44-97-130
.
(
A) Prior to
participating in the program, a redemption center that wishes to operate in
South Carolina must be certified by the bureau according to regulations
promulgated by the department. These regulations must require that all
information submitted to the bureau be under penalty of perjury. Applications
for certification must be filed with the bureau, in a form and manner
prescribed by the bureau.

(
B)
Municipal, metropolitan, and county governments, nonprofit organizations,
dealers, businesses, existing processors, and individual persons are eligible
to apply for certification to operate a certified redemption center.

(
C)
The department shall establish criteria to determine the number of certified
redemption centers needed to adequately serve each county, based on population
density, population distribution, consultation with the respective counties,
and other factors. The bureau may use these criteria in issuing certifications.

(
D)
The department, at any time, may review the certification of a certified
redemption center. After written notice to the person responsible for the
establishment and operation of the certified redemption center, the department,
after it has afforded the certified redemption center operator a hearing in
accordance with the South Carolina Administrative Procedures Act, may withdraw
the certification of the center if it finds that there has not been compliance
with applicable laws, regulations, permit conditions, or certification
requirements.

(
E) A
certified redemption center shall:

(
1)
accept all types of empty deposit beverage containers on which a South Carolina
deposit has been paid;

(
2)
accept deposit beverage containers from the public during a minimum number of
hours or days per week, according to regulations promulgated by the department;

(
3)
maintain redemption areas in full compliance with applicable laws and according
to orders and regulations promulgated by the department, including permitting
and certification requirements;

(
4)
take reasonable actions to identify, and prevent payment of a refund value on,
any beverage container or other product on which a South Carolina deposit has
not been paid, including containers that the certified redemption center knows,
or ought to know, have been brought into the State from another state;

(
5)
determine the quantities of deposit beverage containers by manual count,
electronic scan, weight, volume, or other method authorized by the bureau, and
in a form and manner prescribed by the bureau;

(
6)
pay either to the consumer, to a charity or a representative of the charity, or
other recipient designated by or intended by the consumer, an amount not less
than the established refund value for all valid deposit beverage containers;

(
7)
maintain a log of consumer transactions, including amounts donated to charity
or other designated organization, and the name and address of the charity or
organization;

(
8)
sort, consolidate, and, if authorized by the bureau, cancel their deemed
deposit beverage containers according to regulations promulgated by the department;

(
9)
take reasonable precautions to ensure that redeemed deposit beverage containers
are placed in a secure area while awaiting purchase by a certified processor;

(
10)
ensure that all redeemed deposit beverage containers are purchased by a
certified processor, at prices consistent with prevailing market scrap values,
transportation costs, and other factors. If a container material has a market
scrap value of zero or less than zero, the negative value must be noted on any
transaction receipts, and the payment entered as zero;

(
11)
provide to the certified processor or the agent of a processor a shipping
report in a form and manner prescribed by the bureau and including, but not
limited to, the following information:

(
a)
the individual unit quantities, by container type and collectively, of all
deposit beverage containers being shipped to the certified processor, and
whether quantities in each instance were determined by manual count, electronic
scan, weight, volume, or a combination;

(
b)
the amounts paid in refund values for the redeemed deposit beverage containers,
by container type and collectively;

(
c)
weight tickets, if applicable; and

(
d)
printouts of electronic transaction logs, if applicable;

(
12)
prepare, maintain, and provide to the bureau upon request, all records and
documentation of redemption activity including, but not limited to, consumer
transaction logs, shipping reports, weight tickets, transaction receipts
received from certified processors, electronic transaction printouts as applicable,
and documents authorizing the canceling of redeemed deposit beverage
containers; and

(
13)
provide to the bureau, no later than October first of each year, a summary of
redemption center activity for the preceding fiscal year including, but not
limited to, quantities of deposit beverage containers redeemed, by container
type and collectively, the amount of charitable donations made, and the name
and address of the receiving charities.

(
F) A
certified redemption center that wishes to cancel redeemed deposit beverage
containers as part of its regular handling procedures must apply for and
receive authorization to do so from the bureau, and shall perform and document
the cancellations in a form and manner prescribed by the bureau.

(
G) A
certified redemption center that wishes to accept refillable beverage
containers from consumers shall:

(
1)
pay to the consumer the manufacturer's refund value for the refillable beverage
container;

(
2)
record the transaction in the consumer transaction log;

(
3)
ensure that the refillable beverage container is received by a certified
processor, willing purchaser, or originating beverage distributor, who shall
reimburse the manufacturer's refund value to the certified redemption center.
The certified redemption center may negotiate a handling fee for the return of
these containers.

(
H)
The quantity of beverage containers, including refillable beverage containers,
recycled by a certified redemption center must be credited to the local
government where the certified redemption center is located for purposes of
calculating solid waste diversion amounts and meeting regional solid waste
reduction goals.

S
ection
44-97-140
.
R
everse vending machines may be used to
satisfy the requirements of Section
44-97-130
, except that reverse vending
machines are not required to accept refillable beverage containers; and
provided that:

(
1)
the machines accept all types of empty deposit beverage containers that bear a
valid South Carolina refund value;

(
2)
the machines pay out the full amount of the refund value via cash, credit slip,
electronic credit, or designated donation;

(
3)
the machines are monitored during operating hours by an attendant;

(
4)
the machines are routinely serviced to ensure proper operation and continuous
acceptance of containers and payment of refunds; and

(
5)
should the reverse vending machine fail to accept, recognize, or process a
South Carolina deposit beverage container that is otherwise valid, the
attendant shall manually accept the container and issue the appropriate refund
value. The reverse vending machine must display a toll-free phone number and
mailing address that the consumer may contact if the conflict cannot be
resolved, or if no attendant is available.

S
ection
44-97-150
.
(
A) A mobile redemption
center may engage in curbside collection services and may operate as an
independent agency or in conjunction with another certified redemption center
or certified processor. The mobile redemption center may provide containers for
consumers who elect to use their services. These containers may not be the same
color as containers provided by a county or municipality for recycling or solid
waste collection services.

(
B)
The party who provides the containers is entitled to the redemption refund. If
a consumer provides his own container, the operator of the mobile redemption
center must provide a credit slip that the consumer may redeem for cash at the
time of the curbside collection.

(
C)
Nothing in this section may be construed to grant a mobile redemption center
access to deposit beverage containers placed in recycling containers provided
by a county or municipality.

S
ection
44-97-160
.
C
ertified redemption centers may refuse
to pay the refund value on any deposit beverage container that:

(
1)
is broken, corroded, dismembered, or flattened;

(
2)
contains a free flowing liquid;

(
3)
does not properly indicate a refund value; or

(
4)
contains or bears a significant amount of foreign material.

S
ection
44-97-170
. Deposit beverage distributors, certified redemption centers, and
certified processors, upon request, and under penalty of perjury, shall make
their records available for inspection by the Department of Revenue and the
Department of Environmental Services, duly authorized agents of these
departments, the Comptroller General, or the auditor of the Comptroller
General.

S
ection
44-97-180
.
T
he department, in consultation with the
Department of Revenue, shall compile a report on the deposit beverage container
program for each fiscal year, except that the first report must be for the
period from October 1, 2026, through June 30, 2028. These reports must be
delivered to the General Assembly and the Governor on January second following
the end of the preceding reporting period. Reports must contain, but may not be
limited to:

(
1)
performance indicators;

(
2)
revenues and expenditures;

(
3)
measures of effectiveness, including recycling rates and impacts on litter; and

(
4)
economic impacts, including numbers of certified redemption centers, number of
jobs supported or created, and tonnage, market value, and end uses of recovered
materials.

S
ection
44-97-190
.
(
A) The bureau shall
convene an advisory committee to assist it in developing any regulations needed
to implement this chapter for promulgation by the department. The bureau shall
select members of the committee to obtain input on the state level, as well as
from representatives of any or all of the following:

(
1)
counties;

(
2) municipalities;

(
3)
metropolitan areas;

(
4)
solid waste managers;

(
5)
dealers;

(
6)
consumers;

(
7)
redemption centers;

(
8)
redemption service providers;

(
9)
recyclers;

(
10
manufacturing end users;

(
11)
nonprofit organizations;

(
12)
Keep South Carolina Beautiful;

(
13)
bottlers;

(
14)
distributors;

(
15)
importers; and

(
16)
others as recommended by the bureau chief.

(
B)
Members of the committee must be appointed by the bureau chief and serve at the
pleasure of the bureau. A simple majority of the committee members constitutes
a quorum for the purposes of recommending regulations for promulgation by the
department and providing input to the bureau chief.

S
ection
44-97-20
0. Except as otherwise provided in Section
44-97-210
, a person who
violates a provision of this chapter or a regulation promulgated pursuant to
this chapter must be assessed a civil penalty of no more than ten thousand
dollars for each separate offense. Each day of each violation constitutes a
separate offense. Action taken to impose or collect the penalty provided for in
this section must be made through administrative or civil actions.

S
ection
44-97-210
.
(
A) If the department
determines that a person has violated or is violating a provision of this
chapter, a regulation promulgated pursuant to this chapter, or any term or
condition of a certification or permit issued pursuant to this chapter, the department
may:

(
1)
issue a field citation assessing an administrative penalty and ordering
corrective action immediately or within a specified time;

(
2)
issue an order assessing an administrative penalty for any past or current
violation;

(
3)
require compliance immediately or within a specified time; and

(
4)
commence a civil action in circuit court to seek appropriate relief, including
a temporary, preliminary, or permanent injunction against violations of this
chapter, the imposition and collection of civil penalties, or other relief.

(
B)
An order issued pursuant to this section may include a suspension,
modification, or revocation of a certification or permit issued pursuant to
this chapter and must state with reasonable specificity the nature of the
violation.

(
C)
An order issued pursuant to this chapter becomes final unless the person or
persons named in the order request a hearing before the department, in writing,
and not later than twenty days after the notice of order is served. A penalty
imposed pursuant to this chapter becomes due and payable twenty days after the
notice of penalty is served, unless the person named therein requests in
writing a hearing before the department. Whenever a hearing is requested on any
penalty imposed pursuant to this chapter, the penalty becomes due and payable
upon the issuance of a final order confirming the penalty in whole or in part.

(
D) A
hearing conducted pursuant to this section must be conducted as a contested
case pursuant to the South Carolina Administrative Procedures Act. If, after a
hearing held pursuant to this section, the department finds that a violation or
violations have occurred, the department shall:

(
1)
affirm or modify any penalties imposed or modify or affirm the order previously
issued; or

(
2)
issue an appropriate order or orders for the prevention, abatement, or control
of the violation involved, or for the taking of other corrective action as may
be appropriate.

(
E)
If, after a hearing on an order or penalty contained in a notice, the department
finds that a violation has not occurred, it shall rescind the order or penalty.
An order issued after a hearing may prescribe the date or dates by which the
violation or violations must cease and may prescribe timetables for necessary
action in preventing, abating, or controlling the violation.

(
F)
If the amount of a penalty is not paid to the department within thirty days
after an order becomes final, the department may institute a civil action in
the name of the State to collect the final penalty amount. In a proceeding to
collect the administrative penalty imposed, the department need only show that:

(
1)
notice was given;

(
2)
a hearing was held or the time granted for requesting a hearing expired without
a request for a hearing;

(
3)
the administrative penalty was imposed; and

(
4)
the penalty remains unpaid.

(
G)
In connection with a hearing held pursuant to this section, the department has
the power to subpoena the attendance of witnesses and the production of
evidence on behalf of all parties.

S
ection
44-97-220
.
(
A) The obligations to
accept empty beverage containers and pay the refund value and handling fees for
containers described in this chapter apply only to containers originally sold
in this State as filled deposit beverage containers.

(
B)
It is an offense for a person who, during any single transaction, tenders or
tries to tender to a certified redemption center more than twenty four empty
beverage containers that the person knows or has reason to know were not
originally sold in this State as filled deposit beverage containers commits a
misdemeanor with fines as provided in subsection (D).

(
C) A
certified redemption center shall conspicuously display a sign in letters that
are at least one inch in height with the following information:

"
WARNING: Persons
tendering containers for redemption that were not originally purchased in South
Carolina may be subject to a fine of the greater of one hundred dollars per
container or twenty-five thousand dollars for each tender."

(
D) A
person who violates the provisions of this section is subject to a fine of up
to the greater of one hundred dollars for each container or twenty-five
thousand dollars for each tender of more than twenty-four containers.

(
E)
The balance of each fine collected pursuant to this section, after deducting
court costs, must be placed in the deposit beverage container fund and must
remain in the fund to be expended for activities authorized by this chapter;
with the exception that, if the violation was detected and reported by a
certified redemption center or a certified processor, the fine must be disposed
of as follows: fifty percent of the fine must remain in the fund to be expended
for activities authorized by this chapter and fifty percent of the fine must be
awarded to the certified redemption center or certified processor reporting the
violation, as an incentive to be vigilant for and respond to illegal tenders
and attempts to otherwise defraud the program.

S
ECTION 3. This act takes effect upon approval
by the Governor.

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This web page was last updated on January 13, 2026 at 1:09 PM