Current Status Introducing Body:Senate Bill Number:1374 Primary Sponsor:Rose Committee Number:12 Type of Legislation:JR Subject:Barnwell low-level radioactive waste disposal site Residing Body:Senate Current Committee:Labor, Commerce & Industry Computer Document Number:1374 Introduced Date:Mar 05, 1992 Last History Body:Senate Last History Date:Mar 05, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Rose Mullinax McConnell Passailaigue Robert W. Hayes Jr. Land McGill Mitchell Hinson Reese Leventis Lourie Washington Nell W. Smith Shealy Bryan Pope Holland Russell Helmly Courson Type of Legislation:Joint Resolution
Bill Body Date Action Description CMN
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1374 Senate Mar 05, 1992 Introduced, read first time, 12
referred to Committee
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TO REQUIRE AS A CONDITION OF FURTHER OPERATION OF THE BARNWELL LOW-LEVEL RADIOACTIVE WASTE DISPOSAL SITE THAT NORTH CAROLINA AND THE OTHER SOUTHEAST COMPACT MEMBERS MUST PROVIDE INDEMNIFICATION TO THE STATE OF SOUTH CAROLINA FOR ANY RISK OR LIABILITY ATTRIBUTABLE TO RECEIPT OR DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE AT THE BARNWELL SITE AFTER DECEMBER 31, 1992; AND MUST AGREE TO PROVIDE INDEMNIFICATION FOR ANY COSTS OR LIABILITY INCURRED BY THE STATE OF SOUTH CAROLINA AS A RESULT OF ASSUMING TITLE TO WASTE GENERATED WITHIN THE STATE BEGINNING IN 1996 PURSUANT TO 42 U.S.C., Section2021e(d)(2)(c) (SUPP. III 1985); AND TO FURTHER PROVIDE THAT NORTH CAROLINA AND THE OTHER SOUTHEAST COMPACT MEMBERS MUST AGREE TO HOLD HARMLESS THE STATE OF SOUTH CAROLINA AND TO AGREE TO ANY ASSESSMENT OF COSTS AND DAMAGES OF THE AFOREMENTIONED RISKS AND LIABILITIES AS MAY BE DETERMINED BY A COURT OF COMPETENT JURISDICTION.
Whereas, the Barnwell low-level radioactive waste site has been disposing of South Carolina's, as well as the nation's, low-level radioactive waste since 1971; and
Whereas, Congress, through the urging of the states, enacted the Low-Level Radioactive Waste Policy Act in 1980, 42 U.S.C. 2021, and the Low-Level Radioactive Waste Policy Amendments Act of 1985, P.L. 99-240; and
Whereas, these federal acts transferred the responsibility for the disposal of low-level waste to the states, and the states were encouraged to enter into regional compacts to provide for a more environmentally safe and economic method of disposal and to minimize the burden borne by each state; and
Whereas, South Carolina, along with seven other states, Alabama, Florida, Georgia, Mississippi, North Carolina, Tennessee, and Virginia entered into the Southeast Compact in 1982; and
Whereas, South Carolina, pursuant to the Compact, agreed to be the host state for disposal of low-level waste for the compact states through December 31, 1992; and
Whereas, pursuant to Article 2, Item 10 of the Southeast Interstate Low-level Radioactive Waste Management Compact (Public Law 99-240) and Section 48-48-80 of the 1976 Code, "the disposal facility located at Barnwell shall cease to accept radioactive waste from outside the borders of the State and to serve as the regional disposal facility for the Southeast Regional Compact"; and
Whereas, pursuant to Section 48-48-80 of the 1976 Code, "Further operation of the facility beyond December 31, 1992, must be specifically authorized by the General Assembly"; and
Whereas, pursuant to the Compact, North Carolina is designated as the host state to provide the disposal capacity needed for the Southeast Region beginning January 1, 1993; and
Whereas, it is clear that North Carolina will not meet its obligation beginning January 1, 1993; moreover, North Carolina has not yet selected a site at the present date; and
Whereas, South Carolina, along with the other member states of the Southeast Compact, is faced with the prospect of having to provide for the disposal of low-level waste generated within its borders; and
Whereas, South Carolina must determine viable options to provide for the disposal of low-level waste generated in South Carolina; and
Whereas, if the General Assembly authorizes the operation of the Barnwell site beyond 1992, such authorization shall be conditioned on an agreement reached with North Carolina and the Southeast Compact members that North Carolina and the Southeast Compact members shall hold harmless the State of South Carolina and provide indemnification for any costs or damages accruing as a result of Barnwell's continued operation as a low-level waste disposal site. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. In the event that the Barnwell low-level radioactive disposal facility should remain open beyond 1992, as a condition of further operation of the Barnwell low-level radioactive disposal facility beyond 1992 for the Southeast Regional Compact, as formed by Public Law 99-240, and Section 48-47-10, et seq., North Carolina and the Southeast Compact members must agree to hold harmless the State of South Carolina and to provide indemnification to the State of South Carolina for any risks or liability attributable to receipt or disposal of low-level radioactive waste at the Barnwell site after December 31, 1992; and agree to provide indemnification for any costs or liability incurred by the State of South Carolina as a result of assuming title to waste generated within the State beginning in 1996 pursuant to 42 U.S.C., Section2021e(d)(2)(c) (Supp. III 1985); and, North Carolina and the Southeast Compact members must agree to any assessment of the aforementioned risks and liabilities as may be determined by a court of competent jurisdiction or an arbiter. As a further condition, North Carolina and the Southeast Compact members shall contractually agree to subject themselves to a court of competent jurisdiction.
And further, North Carolina and the Southeast Compact members shall provide South Carolina with a credit for the volume of waste accepted during the period between January 1, 1993, and the time North Carolina's low-level radioactive waste disposal facility becomes operational. Once North Carolina's facility is operational, South Carolina's generators of low-level radioactive waste shall be granted a credit for waste accepted during the above-cited interim period by being allowed additional disposal capacity in the amount of waste accepted during the above-cited interim.
SECTION 2. Nothing in this joint resolution shall in any way be construed to authorize the continuation of the Barnwell low-level radioactive disposal facility beyond 1992.
SECTION 3. This act takes effect upon approval by the Governor.