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(J) Perchloroethylene and Stoddard solvent used for drycleaning exported from the first storage facility at which it is held in this State by the producer or importer is exempt from the surcharge pursuant to this section. Anyone exporting perchloroethylene or Stoddard solvent on which the surcharge has been paid may apply for a refund or credit. The Department of Revenue may require information as it considers necessary in order to approve the refund or credit.

(K) The Department of Revenue may authorize:

(1) a quarterly return and payment when the surcharge remitted by the licensee for the preceding quarter did not exceed one hundred dollars;

(2) a semiannual return and payment when the surcharge remitted by the licensee for the preceding six months did not exceed two hundred dollars;

(3) an annual return and payment when the surcharge remitted by the licensee for the preceding twelve months did not exceed four hundred dollars.

Section 44-56-485. (A) Notwithstanding any other provision of this article, this article does not apply to a drycleaning facility that is in existence on July 1, 1995, that drycleans with Stoddard solvents or its breakdown products only. However, an owner or operator of a facility or person may elect to place the facility under the provisions of this article by paying the required annual fee for the facility before October 1, 1995. If an owner or operator of a facility or person does not elect to place a facility under this article before October 1, 1995, the current or a future owner or operator of the site or person is prohibited from receiving any funds or assistance under this article. Failure to pay the required annual fee by October 1, 1995, constitutes electing not to place a facility under this article. Additionally, an owner, operator, or person who does not elect to place a facility under this article is prohibited from receiving any funds or assistance under this article for any site the owner, operator, or person currently or previously operated or abandoned.

(B) A drycleaning facility in existence on July 1, 1995, that uses perchloroethylene and Stoddard solvent or their breakdown products may elect to remove the facility from the requirements of this article if the election is made before October 1, 1995. Failure to pay the required annual fee by October 1, 1995, constitutes electing to remove a facility from the requirements of this article. An owner, operator, or person of a facility using perchloroethylene and Stoddard solvents or their

Section 44-56-490. (A) Whenever the department finds that a person is in violation of a provision of this article or a regulation promulgated under this article, the department may issue an order requiring the owner, operator, or person to comply with the provision or regulation or the department may bring civil action for injunctive relief in an appropriate court of competent jurisdiction.

(B) An owner, operator, or person who violates a provision of this article, a regulation promulgated under this article, or an order of the department issued under subsection (A) is subject to a civil penalty not to exceed ten thousand dollars for each day of violation.

(C) An owner, operator, or person who wilfully violates a provision of this article, a regulation promulgated under this article, or an order of the department issued under subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than twenty-five thousand dollars per day of violation or imprisoned for not more than one year or both.

Section 44-56-495. (A) There is created the Drycleaning Advisory Council to advise the Department of Health and Environmental Control on matters relating to regulations and standards which affect drycleaning and related industries.

(B) The council is composed of:

(1) five representatives of the drycleaning industry;

(2) one representative of the wholesale industry;

(3) one representative of the real estate industry;

(4) one environmental engineer;

(5) one representative of the banking industry;

(6) two representatives from the Department of Health and Environmental Control, one of whom must be an administrator and one of whom must represent water quality control;

(7) a representative of the Department of Revenue;

(8) a representative of the Department of Insurance;

(9) a representative of the State Budget and Control Board;

(10) a representative of the Department of Natural Resources, Division of Water Resources.

(C) Members enumerated in subsection (B)(1) through (5) may be appointed by the Governor with the advice and consent of the Senate and shall serve terms of two years and until their successors are appointed and qualify. The members enumerated in subsection (B)(6) through (10) must be appointed by the respective directors or commissioner of the

SECTION 2. Notwithstanding Section 44-56-490(C) of the 1976 Code, as added by Section 1 of this act, the term for members initially appointed to the Drycleaning Advisory Council is for three years and the five representatives of the drycleaning industry must be appointed by the Governor from nominations submitted by the South Carolina Drycleaning Council, Inc.

SECTION 3. This act is repealed July 1, 2005, unless reauthorized by the General Assembly.

SECTION 4. This act takes effect July 1, 1995./

Renumber sections to conform.

Amend totals and title to conform.

Senator LEVENTIS explained the amendment.

There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 879 -- Senators Martin and Alexander: A BILL TO AMEND SECTION 7-7-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS FOR PICKENS COUNTY, SO AS TO CONSOLIDATE THE UNIVERSITY PRECINCT AND THE FORT HILL PRECINCT IN PICKENS COUNTY INTO A SINGLE PRECINCT ENTITLED THE "FORT HILL" PRECINCT.

(By prior motion of Senator ALEXANDER)

H. 3604 -- Reps. Wilkins, McMahand, Herdklotz, Haskins, Littlejohn, Wells, Rice, Jaskwhich, D. Smith, Tripp, Walker, Davenport, Fair, Allison, Lanford and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-11-220 SO AS TO CREATE AN AIRPORT ENVIRONS AREA WITHIN THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT AND PROVIDE

Senator RUSSELL asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senators J. VERNE SMITH, RUSSELL, ROSE, BRYAN, STILWELL, COURTNEY and THOMAS proposed the following Amendment No. 2 (PT\2073DW.95), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. (A) The General Assembly finds that airport hazards threaten the lives and property of users of the Greenville-Spartanburg Airport and of occupants of land in its vicinity; if of the obstruction type, these hazards reduce the size of the area available for the taking off, maneuvering, or landing of aircraft, thus tending to destroy or impair the utility of the airport and the public investment in it. It is further found that other hazards may arise from certain activities and uses of land in the immediate vicinity of the Greenville-Spartanburg Airport that are not compatible with normal airport operations, and may, if not regulated, endanger the lives of passengers and persons on the ground, adversely affect their health, or otherwise limit the accomplishment of normal activities. It is further found that because the areas impacted by these airport hazards are within different political jurisdictions, a coordinated, community-wide approach is required to protect the public interest. Accordingly, it is declared that:

(1) for the purposes of this section, an airport hazard is any structure, tree, or use of land which obstructs the airspace required for the flight of aircraft in taking off, maneuvering, or landing of aircraft, or

(2) the creation or establishment of an airport hazard and the incompatible use of land in the Greenville-Spartanburg Airport vicinities are public nuisances and injure the community served by the Greenville-Spartanburg Airport;

(3) it is therefore necessary in the interest of public health, public safety, and general welfare that the creation or establishment of airport hazards and incompatible land uses be regulated and prevented to assure adequate airspace and uses compatible with airport noise and in the interests of public safety; and

(4) this should be accomplished by the exercise of local police powers and existing administrative and regulatory procedures, without additional compensation, on a coordinated, community-wide basis.

(B) It is further declared that limiting and regulating land uses incompatible with normal airport operations as presently existing and as may be planned, preventing the creation or establishment of airport hazards, and eliminating, removing, altering, mitigating, or marking and lighting of existing airport hazards are public purposes.

(C) It is further found that the public welfare in the upstate of South Carolina is greatly enhanced by having an airport which can meet the demands of, and support the economic growth in, the upstate. In that connection, it is found that high density residential and certain institutional uses in close proximity to the airport are incompatible and inappropriate and that all development in the vicinity of the airport should be consistent with the public safety and welfare determinations of federal, state, and local planning authorities with specific expertise in such planning considerations.

SECTION 2. The 1976 Code is amended by adding:

"Section 55-11-230. (A)(1) An area designated as the airport environs area is created within the district for purposes of assuring land uses compatible with airport operations. The airport environs area consists of all property contained within the rectangular area described as follows:
All property situate within 32,200 feet southwest of the centerpoint of the existing airport runway (being 7,600 feet in length), and 36,658 feet northeast of the centerpoint of the existing airport runway, and 5,280 feet northwest of the centerpoint of the existing airport runway, and 9,580

(2) Within the boundaries of the airport environs area described above, there is designated a sub-area which may require different land use and building performance standards. This sub-area shall conform to the area described in the Air Installation Compatible Use Zone pursuant to DODINST 4165.57 established by the United States Air Force applicable to runways 3L-21R (11,000 feet) and the proposed parallel runways 3R-21L (8,500 feet) including the CLEAR ZONES, ACCIDENT POTENTIAL ZONE I, and the ACCIDENT POTENTIAL ZONE II. Specifically, the sub-area includes all property 1,000 feet to each side of the runway centerlines and in a corridor 3,000 feet (1,500 feet either side of the runway centerlines) wide, extending from the runway thresholds along the extended runway centerlines for a distance of 15,000 feet, and shall include the property located between the two corridors.

(B)(1) There is created the Greenville-Spartanburg Airport Environs Planning Commission (the `Airport Environs Planning Commission'), consisting of eleven voting members, which have the powers enumerated herein, and which must be separately constituted from the Greenville-Spartanburg Airport Commission, as follows:

(a) two members representing and appointed by the City of Greer, one of whom also must be a resident of Greenville County and one of whom also must be a resident of Spartanburg County;

(b) two members representing and appointed by Spartanburg County;

(c) one member representing and appointed by the Town of Duncan;

(d) one member representing and appointed by the Town of Lyman;

(e) two members representing and appointed by Greenville County;

(f) one member representing and appointed by the City of Mauldin;

(g) all members must be appointed or reappointed biennially by the appointing county or municipality;

(h) two members must be appointed or reappointed biennially by the Greenville-Spartanburg Airport District, one from Spartanburg County, and one from Greenville County.

If the members are elected members of the county or municipal governing body or members of the district, each such representative shall serve ex officio and with full voting privileges. are wholly or partially within the airport environs area, or if any existing

(a) developing a coordinated comprehensive land use plan for the airport

(3) The Airport Environs Planning Commission is charged with thePlanning Commission with a representative appointed as described in subitem (g)municipality extends its corporate boundaries into the airport environs area, of item (1) of this subsection, and the membership shall expand accordingly.that municipality becomes entitled to appoint a member of the Airport Environs Carolina Local Government Comprehensive Planning Enabling Act of 1994 contained in Article 3, Chapter 29, Title 6; however, once the Airport Environs Planning Commission has adopted a land use plan, no further action by any otherenvirons area in a manner consistent with the process referred to in the South regulations thereby adopted;

(b) updating the land use plan to reflect changes in the airport environs each political subdivision represented on the Airport Environs Planningbody of each political subdivision represented on the Airport Environs Planningthe affected counties and municipalities. The commission's actions are to assure that land use within the airport environs area is compatible with noise, be held within forty-five days of the effective date of this section.health, safety, and welfare considerations arising from the operation of the the airport environs area, submit them for review and comment to the governing

(4) By January 31, 1996, the Airport Environs Planning Commission shall adopt a land use plan and building performance standards to be effectivedistrict. The initial meeting of the Airport Environs Planning Commission must 29, Title 6, on the proposed uniform plan and standards. After receivingAviation Administration, conduct public hearings pursuant to Article 3, Chapter comments and conducting hearings, the Airport Environs Planning Commission shallarea and the uses of the airport; and develop a uniform land use plan and uniform building performance standards for Commission, as well as the South Carolina Department of Commerce and the Federal

(c) monitoring the administration of, and compliance with, the plan by throughout the airport environs area and enforced fully and without amendment by time not to exceedCommission. The Airport Environs Planning Commission, by majority of all voting members, may extend the January 31, 1996, deadline for a reasonable period of

(5) The Airport Environs Planning Commission shall organize itself, electing one of its members as chairman and one of its members as vice chairman, whose terms must be for two years. It shall appoint a secretary, who may or may not be a member, but who must be a representative or employee of the Airport District. The secretary shall give notice of all meetings to all members of the Airport Environs Planning Commission at least three business days prior to the meeting.

(6) The Airport Environs Planning Commission shall provide for the keeping of minutes of its proceedings which shall be a public record. A majority of the voting members of the Airport Environs Planning Commission shall constitute a quorum. A quorum shall be present before any business is conducted, other than the rescheduling of the meeting. A member must be present to vote. All decisions shall be by majority vote of the members present and voting. The Airport Environs Planning Commission, as it considers appropriate, may utilize committees and subcommittees. The general administrative expenses of the Airport Environs Planning Commission shall be borne by the Greenville-Spartanburg Airport District. A budget for such expenses shall be developed by the Airport Environs Planning Commission to include anticipated costs for consultants.

(7) The Airport Environs Planning Commission is subject to the provision of Freedom of Information Act as contained in Chapter 4, Title 30.

(9) In developing the uniform land use plan and uniform building standards, the Airport Environs Planning Commission shall specifically address, among other items, the following specific issues:

(a) the providing of record notice to property owners of the fact that their property is within the airport environs area;

(b) density criteria for the airport environs area;

(c) sound abatement permit and building criteria;

(d) incompatible use criteria and definition for the sub-area and the remaining property within the airport environs area;

(e) height restriction criteria;

(f) lighting hazard criteria within the airport environs area;

(g) applicable FAA and state regulations for airport activities and operations;

(h) in the airport environs area not included in the sub-area, a method by which landowners may seek variances or exemptions from the plans or standards by executing in recordable form avigation easements, releases, or other appropriate documentation in a form approved by the Airport Environs Planning Commission;

(i) application and review processes for building permits;

(j) the providing of ongoing notice to the Airport Environs Planning Commission and each of its members of pending zoning or permitting requests and other actions in the affected counties and municipalities to assure that each member has notice and the opportunity to be heard with respect to such actions;

(k) enforcement and penalty provisions, including injunctive relief;

(l) the utilization of fees to be imposed to defray costs for services and attendant expenses involved in the administration of the regulations;

(m) the development of uniform standards for regulating nonconforming uses; and

(n) the uses in the airport environs area and the sub-area based on future projected uses of the airport which are not compatible and

(10) Following the adoption of the uniform land use plan and uniform building and performance standards by the Airport Environs Planning Commission, each political subdivision is responsible for the implementation and administration of the uniform provisions within its jurisdiction, including all administrative costs incurred in connection therewith. The district shall pay for any exceptional administrative costs determined by the Airport Environs Planning Commission, and agreed to by the district, to be direct and reasonable costs resulting from any special task required in the administration of the uniform plan and building performance standards. Additionally, the district shall pay for the reasonable administrative expenses involved in the monitoring activities described in subitem (c) of item (3) of this subsection. The Airport Environs Planning Commission shall meet at least annually to review the administration of the uniform plan and building performance standards by the member bodies, to consider issues which may require modifications or additions to the uniform provisions, to recommend appropriate studies to evaluate the effectiveness of the objectives of the uniform provisions, to consider future activities of the district and the impact of the same upon the airport environs area, and conduct such other business as may be appropriate. Based upon these activities, the Airport Environs Planning Commission may determine a need for amendments to the uniform provisions. Amendments shall be made in accord with the same uniform provisions on conducting hearings and submitting for review and comments for the initial uniform land use plan and uniform building performance standards.

(11)(a) In connection with the administration of the uniform provisions by any member political subdivision, the Airport Environs Planning Commission as a whole or any of its member bodies individually or collectively, including the district, have standing to appear and support

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