View Amendment Current Amendment: 6 to Bill 525

Senator MARTIN proposed the following amendment (DG\525C001.NBD.DG21):

Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:

/ SECTION ___. A. Section 44-96-250(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 advanced recycling facilities. 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."

B.Article 2, Chapter 96, Title 44 of the 1976 Code is amended by adding:

"Section 44-96-480. Notwithstanding any other provision of this title, advanced recycling facilities shall demonstrate financial responsibility before the issuance of any permit related to such a facility or before operation of the facility. The financial responsibility mechanism must be in the form of a cash trust fund in the control of the department or a surety bond for which the department is the sole beneficiary, sufficient in form and amount to meet all reasonably foreseeable costs of clean up, environmental remediation, fire-fighting, ground water or surface water contamination, private property contamination, public health impacts, displacement and relocation of affected persons, and any other reasonably foreseeable costs associated with the operation, management or abandonment of any pyrolysis and gasification facilities, including but not limited to the operation and storage of post-use polymer, plastic polymer, incidental contaminants or impurities. The costs of a surety bond being used to demonstrate financial responsibility may be borne by the South Carolina Department of Commerce's Closing Fund."

SECTION___. The provisions of this act are repealed on December 31, 2026. /