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Statute of limitations — South Carolina
South Carolina Code § 15-3-530 provides a 3-year statute of limitations for personal injury claims, including those arising from toxic environmental exposure. Property damage claims carry a 3-year limitations period under SC Code § 15-3-530(5). The discovery rule applies — the limitations period begins when the plaintiff knew or should have known of the injury and its causal connection to coal ash contamination.
3 years PI (SC Code § 15-3-530), 3 years property
Filing venue
Where to File in South Carolina
South Carolina state court claims proceed in the Court of Common Pleas. Key venues include Richland County (Columbia — SCE&G/Dominion headquarters and Wateree station), Lexington County, and Georgetown County (Winyah station). South Carolina applies a modified comparative negligence standard — plaintiff recovery is reduced by their percentage of fault and barred if over 50%. The state does not cap compensatory damages in environmental tort cases. South Carolina courts follow the Daubert standard for expert testimony. Dominion Energy's acquisition of SCE&G in 2019 consolidated liability for legacy coal ash sites under a well-capitalized defendant.
South Carolina data
Exposure in South Carolina
Major coal ash impoundment sites in South Carolina operated by Dominion Energy (formerly SCE&G) and Santee Cooper, including unlined ponds at Wateree, Williams, and Winyah stations
6
Source: SC DHEC
Groundwater monitoring at Dominion Energy's Wateree station revealed arsenic levels exceeding the EPA maximum contaminant level of 10 ppb, with contamination migrating toward residential areas
Arsenic detected
Source: SC Department of Health and Environmental Control
Estimated coal combustion residuals stored in South Carolina impoundments, many in unlined ponds adjacent to rivers and wetlands vulnerable to flooding and seepage
12.8 million tons
Source: EPA Coal Combustion Residuals Inventory
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