Rep. NORRELL proposes the following Amendment No. 2 to H. 4152 (COUNCIL\CZ\4152C007.JN.CZ19):

Reference is to Printer's Date 03/27/19H.

Amend the bill, as and if amended, by striking SECTIONS 2 and 3 and inserting:

/ SECTION 2. Section 449640(34) and (35) of the 1976 Code is amended to read:

"(34) 'Recovered materials' means those materials which have known use, reuse, or recycling potential; can be feasibly used, reused, or recycled; and have been diverted or removed from the solid waste stream for sale, use, reuse, or recycling, whether or not requiring subsequent separation and processing. Recovered materials includes post-use polymers and recoverable feedstocks that are processed at a pyrolysis or gasification facility, held at such facility prior to processing, or stored off site with the intent that they will be processed at a pyrolysis or gasification facility but before delivery to such a facility. At least seventy-five percent by weight of the materials received during the previous calendar year must be used, reused, recycled, or transferred to a different site for use, reuse, or recycling in order to qualify as a recovered material.

(35) 'Recovered Materials Processing Facility' means a facility engaged solely in the recycling, storage, processing, and resale or reuse of recovered materials. The term includes pyrolysis and gasification facilities that process post-use polymers or recoverable feedstocks. The term does not include a solid waste processing facility; however, solid waste generated by a recovered material processing facility is subject to all applicable laws and regulations relating to the solid waste. The term does not include facilities which thermally treat solid waste principally for volume reduction or for reduction of contaminants. Records must be kept documenting the amount by weight of materials that are received at the facility and used, reused, or recycled or transferred to another site for use, reuse, or recycling. Records must also be kept which clearly document the location of final disposition of the materials. Records must be made available for inspection by department personnel upon request."

SECTION 3. Section 4496250(13) of the 1976 Code is amended to read:

"(13) 'Financial responsibility mechanism' means a mechanism designed to demonstrate that sufficient funds will be available to meet specific environmental protection needs of solid waste management facilities and recovered materials processing facilities pertaining to pyrolysis and gasification facilities as defined in Section 449640(34) and (35). Available financial responsibility mechanisms include, but are not limited to, insurance, trust funds, surety bonds, letters of credit, personal bonds, certificates of deposit, financial tests, and corporate guarantees as determined by the department by regulation."

SECTION 4. Section 4496260(2) of the 1976 Code is amended to read:

"(2) issue, deny, revoke, or modify permits, registrations, or orders under such conditions as the department may prescribe, pursuant to procedures consistent with the South Carolina Administrative Procedures Act, for the operation of solid waste management facilities and recovered materials processing facilities pertaining to pyrolysis and gasification facilities as defined in Section 449640(34) and (35);"

SECTION 5. This act takes effect upon approval by the Governor. /