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A167, R145, H3479
STATUS INFORMATION
General Bill
Sponsors: Rep. Davenport
Document Path: l:\council\bills\nbd\11245ac05.doc
Introduced in the House on February 8, 2005
Introduced in the Senate on May 3, 2005
Passed by the General Assembly on May 31, 2005
Governor's Action: June 7, 2005, Signed
Summary: Asbestos abatement license and definitions
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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2/8/2005 House Introduced and read first time HJ-3
2/8/2005 House Referred to Committee on Labor, Commerce and Industry
HJ-3
4/20/2005 House Committee report: Favorable Labor, Commerce and Industry
HJ-3
4/27/2005 House Read second time HJ-12
4/28/2005 House Read third time and sent to Senate HJ-11
5/3/2005 Senate Introduced and read first time SJ-19
5/3/2005 Senate Referred to Committee on Medical Affairs SJ-19
5/25/2005 Senate Committee report: Favorable Medical Affairs SJ-28
5/26/2005 Senate Read second time SJ-316
5/31/2005 Senate Read third time and enrolled SJ-26
6/1/2005 Ratified R 145
6/7/2005 Signed By Governor
6/13/2005 Copies available
6/13/2005 Effective date 06/07/05
6/30/2005 Act No. 167
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
(A167, R145, H3479)
AN ACT TO AMEND CHAPTER 87, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRITERIA FOR ISSUANCE OF ASBESTOS ABATEMENT LICENSES, SO AS TO REVISE THE DEFINITION OF "ASBESTOS ABATEMENT ENTITY" AND "ASBESTOS PROJECT"; TO DELETE PROVISIONS ESTABLISHING LICENSURE FEES AND TO AUTHORIZE THE DEPARTMENT TO ESTABLISH SUCH FEES IN REGULATION SUFFICIENT TO COVER REASONABLE COSTS OF ADMINISTERING THE ASBESTOS PROGRAM AND TO DEFINE "COSTS"; AND TO INCREASE THE MAXIMUM CIVIL PENALTY FOR VIOLATIONS FROM ONE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS.
Be it enacted by the General Assembly of the State of South Carolina:
Asbestos abatement licensure revisions
SECTION 1. Chapter 87 of Title 44 of the 1976 Code is amended to read:
Section 44-87-10. As used in this chapter:
(1) 'Asbestos abatement entity' means any individual, partnership, firm, association, corporation, sole proprietorship, or other business concern, as well as an employee or member of a governmental, religious, or social organization, that is involved in asbestos abatement.
(2) 'Asbestos project' means an activity associated with abatement, including inspection, design, air monitoring, in-place management, encapsulation, enclosure, renovation, repair, removal, any other disturbance of regulated asbestos-containing materials, and demolition of a regulated facility.
(3) 'Contractor' means an individual partnership, corporation, or other business concern that performs asbestos abatement for a facility owner which is not a permanent employee of the facility owner.
(4) 'Department' means the South Carolina Department of Health and Environmental Control.
Section 44-87-20. (A) Asbestos abatement entities performing asbestos projects shall, before beginning work on a project, obtain an asbestos project license from the department. The license must be obtained for each project, and the fee for the license must be based on the square footage, linear footage, or volume of asbestos involved in the in-placement management, removal, encapsulation, enclosure, renovation, repair, or any other disturbance of regulated asbestos-containing materials.
(B) The department may prescribe appropriate license application forms and may require documentation to be attached to the application which is sufficient to verify that the appropriate fee is paid. The department may by regulation define special projects and prescribe alternate procedures and fees for licensing special projects.
Section 44-87-30. An asbestos abatement entity involved in an asbestos project other than a demolition shall obtain a license from the department. The department may prescribe license application forms and may require documentation to be attached to the application which is sufficient to verify that the appropriate fee is paid. The department by regulation may define categories and requirements for licensing of personnel who perform asbestos abatement work.
Section 44-87-40. (A) The department may promulgate and enforce regulations to implement this chapter and to prescribe standards of performance for asbestos removal operations and criteria for obtaining the licenses required by this chapter.
(B) The department by regulation may establish fees sufficient to cover reasonable costs associated with the development, processing, and administration of the asbestos program. These costs may include, but are not limited to, staff, equipment, training, legal services, inspection and investigations, and enforcement activities.
Section 44-87-50. A person violating a provision of this chapter may be assessed a civil penalty by the department in an amount not exceeding ten thousand dollars for each violation."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 1st day of June, 2005.
Approved the 7th day of June, 2005.
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