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Sandlands C&D v. County of Horry

ELR Citation: 41 ELR 20298
Nos. 27042, (S.C., 09/19/2011)

The Supreme Court of South Carolina held that the South Carolina Solid Waste Policy and Management Act (SWPMA) does not preempt a county ordinance requiring solid waste generated within the county to be deposited at a county or county-approved landfill. A hauling company and a landfill that operate just outside the county's border filed suit, arguing that the SWPMA and its regulations expressly preempt a county from regulating the flow of solid waste within its borders. But the SWPMA does not prohibit county regulation of solid waste management. Although the SWPMA expressly provides for the state environmental agency's exclusive authority in the area of permitting, there is no similar express language in the statute concerning the flow of solid waste within the counties. Nor does the Act impliedly preempt the ordinance. Rather, the SWPMA expressly invites county regulation, planning, authority, and responsibility in the field of solid waste management. Nor does the ordinance frustrate the purpose of the SWPMA.