South Carolina § 41-16-110 - Temporary or permanent injunction for imminently dangerous facility.

§ 41-16-110. Temporary or permanent injunction for imminently dangerous facility.

If the Director has reason to believe that the continued operation of a facility constitutes an imminent danger which could reasonably be expected to injure seriously or cause death to members of the public, the Director may apply to the circuit court in the county in which the imminently dangerous condition exists for a temporary order for the purpose of enjoining the imminently dangerous facility. Upon hearing, if considered appropriate by the court, a permanent injunction may be issued to ensure that the imminently dangerous facility be prevented or controlled. Upon the elimination or rectification of the imminently dangerous condition, the temporary or permanent injunction must be vacated.

HISTORY: 1985 Act No. 103, SECTION 1; 1993 Act No. 102, SECTION 8, eff June 14, 1993.

Effect of Amendment

The 1993 amendment rewrote this section, retaining former subsection 3, and deleting subsections 1 and 2, which pertained to commissioner's orders to make changes and suspension and revocation of or refusal to issue operating permits.