Current Status Bill Number:4682 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19960227 Primary Sponsor:Quinn All Sponsors:Quinn, Wright, Haskins, Riser and Tripp Drafted Document Number:pfm\7960ac.96 Residing Body:House Current Committee:Agriculture, Natural Resources and Environmental Affairs Committee 20 HANR Subject:Infectious waste facilities, fees
Body Date Action Description Com Leg Involved
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House 19960227 Introduced, read first time, 20 HANR
referred to Committee
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TO AMEND SECTION 44-93-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES ON COMMERCIAL TREATMENT OF INFECTIOUS WASTE, SO AS TO REDUCE THE FEE FROM THIRTY DOLLARS TO EIGHT DOLLARS A TON; TO AMEND SECTION 44-93-170, AS AMENDED, RELATING TO THE INFECTIOUS WASTE CONTINGENCY FUND, SO AS TO PROVIDE THAT NO ADDITIONAL FEES MAY BE CREDITED TO THE FUND BUT THAT EXISTING FEES MUST BE RETAINED FOR THE PURPOSES OF THE FUND AND TO DELETE PROVISIONS REQUIRING REVENUE IN THE FUND IN EXCESS OF FIVE MILLION DOLLARS TO BE CREDITED TO THE HAZARDOUS WASTE CONTINGENCY FUND; TO AMEND SECTION 44-93-210, RELATING TO THE AMOUNT OF INFECTIOUS WASTE THAT MAY BE BURNED BY A FACILITY, SO AS TO PROHIBIT A FACILITY FROM BURNING MORE THAN THREE THOUSAND TONS DURING A MONTH; TO REPEAL SECTION 44-93-180, RELATING TO LOCATING INSPECTORS AT COMMERCIAL INFECTIOUS WASTE TREATMENT FACILITIES AND ESTABLISHING A FEE SCHEDULE TO PAY FOR THE INSPECTORS; AND TO REPEAL SECTION 44-93-200, RELATING TO THE EXEMPTION FROM FEES FOR GENERATORS TREATING THEIR OWN INFECTIOUS WASTE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-93-160(A) of the 1976 Code, as last amended by Part II, Section 30B, Act 497 of 1994, is further amended to read:
"(A) There is a fee on the treatment of infectious waste in this State equal to thirty eight dollars a ton on the pretreatment weight of infectious waste to be imposed upon facilities required to be permitted pursuant to this chapter."
SECTION 2. Section 44-93-170 of the 1976 Code, as last amended by Part II, Section 30C, Act 497 of 1994, is further amended to read:
"Section 44-93-170. As of July 1, 1996, no additional fees may be credited to the department shall establish an Infectious Waste Contingency Fund established by the department to ensure the availability of funds for response actions necessary at permitted infectious waste treatment facilities and necessary from accidents in the transportation of infectious waste and to defray the cost of governmental response actions associated with infectious waste. After funding of the Infectious Waste Program Fund, as provided for in Section 44-93-165, the Infectious Waste Contingency Fund must be financed by the remaining fees imposed pursuant to Section 44-93-160. The fees credited to the Infectious Waste Contingency Fund before July 1, 1996, must be allocated as follows: an amount equal to two-thirds of the fees must be deposited into retained by the fund for the purposes provided for in this section and an amount equal to one-third of the fees must be held in a separate and distinct account within the fund for the purpose of being returned to each county in which the fee imposed by Section 44-93-160 is collected. When the amount of fees held in the Infectious Waste Contingency Fund meets or exceeds five million dollars, two-thirds of all subsequent fees to be credited to the Infectious Waste Contingency Fund must be remitted to the Hazardous Waste Contingency Fund established pursuant to Section 44-56-160(A) to assist in defraying the costs of governmental response actions at uncontrolled hazardous waste sites, with the remaining one-third of all subsequent fees credited to the Infectious Waste Contingency Fund continuing to be placed into a separate and distinct account for counties as provided in this section. Interest earned by the funds must be credited to the general fund of the State. Proceeds of the county account returned to a county pursuant to this section must be released by the State Treasurer upon the written request of a majority of the legislative delegation of the recipient county."
SECTION 3. Section 44-93-210 of the 1976 Code, as added by Part II, Section 6C, Act 612 of 1990, is amended to read:
"Section 44-93-210. (A) Beginning November 1, 1990, and Annually thereafter, the department shall estimate and publish the amount of infectious waste it expects to be generated within this State during the succeeding calendar year. No permitted commercial infectious waste incinerator facility may burn more than one-twelfth of the annual estimate three thousand tons of infectious waste during any one month of the year to which the estimate applies. However, at no time may the limit on the amount of infectious waste burned in a month be less than fifteen hundred tons.
(B) The limitation on the tonnage of infectious waste does not apply to infectious waste treated by hospitals or generator facilities if the waste is generated in this State and is incinerated on a nonprofit basis.
(C) For purposes of this section, a permitted commercial infectious waste incinerator facility means a site where infectious waste is incinerated regardless of the number of incinerator units or the ownership of the units."
SECTION 4. Sections 44-93-180 and 44-93-200 of the 1976 Code are repealed.
SECTION 5. This act takes effect upon approval by the Governor.