H 3623 Session 112 (1997-1998)
H 3623 General Bill, By Sharpe
A BILL TO AMEND SECTION 44-96-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO DEFINITIONS IN CONNECTION WITH THE STATE'S SOLID WASTE
POLICY, SO AS TO DISTINGUISH BETWEEN "COLLECTION", "DISPOSAL", "PROCESSING",
AND "RECYCLING" AS APPLIED TO FACILITIES MANAGING WASTE TIRES; AND TO AMEND
SECTION 44-96-170, AS AMENDED, RELATING TO WASTE TIRES, SO AS TO INCLUDE
DISTINCTIONS AMONG WASTE TIRE MANAGEMENT, TO PROVIDE FOR A TIPPING FEE ON
OVERSIZE WASTE TIRES, TO REFINE THE RETAILER-WHOLESALER REFUND PROGRAM, TO
REVISE REQUIREMENTS AND PRIORITIES FOR USE OF GRANT FUNDS FROM THE WASTE TIRE
TRUST FUND, TO UPDATE REFERENCES TO THE OFFICE OF THE GOVERNOR AND THE SOLID
WASTE ADVISORY COUNCIL, AND TO REQUIRE RECORDKEEPING AND REPORTING BY WASTE
TIRE FACILITIES.
03/11/97 House Introduced and read first time HJ-6
03/11/97 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-6
04/16/97 House Committee report: Favorable with amendment
Agriculture, Natural Resources and Environmental
Affairs HJ-7
04/23/97 House Amended HJ-18
04/23/97 House Read second time HJ-20
04/24/97 House Read third time and sent to Senate HJ-21
04/29/97 Senate Introduced and read first time SJ-7
04/29/97 Senate Referred to Committee on Medical Affairs SJ-7
05/27/98 Senate Committee report: Favorable with amendment
Medical Affairs SJ-15
05/28/98 Senate Amended SJ-49
05/28/98 Senate Read second time SJ-49
05/28/98 Senate Ordered to third reading with notice of
amendments SJ-49
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
May 28, 1998
H. 3623
Introduced by Rep. Sharpe
S. Printed 5/28/98--S.
Read the first time April 29, 1997.
A BILL
TO AMEND SECTION 44-96-40, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO
DEFINITIONS IN CONNECTION WITH THE STATE'S SOLID
WASTE POLICY, SO AS TO DISTINGUISH BETWEEN
"COLLECTION", "DISPOSAL",
"PROCESSING", AND "RECYCLING" AS
APPLIED TO FACILITIES MANAGING WASTE TIRES; AND
TO AMEND SECTION 44-96-170, AS AMENDED, RELATING
TO WASTE TIRES, SO AS TO INCLUDE DISTINCTIONS
AMONG WASTE TIRE MANAGEMENT, TO PROVIDE FOR A
TIPPING FEE ON OVERSIZE WASTE TIRES, TO REFINE THE
RETAILER-WHOLESALER REFUND PROGRAM, TO REVISE
REQUIREMENTS AND PRIORITIES FOR USE OF GRANT
FUNDS FROM THE WASTE TIRE TRUST FUND, TO UPDATE
REFERENCES TO THE OFFICE OF THE GOVERNOR AND THE
SOLID WASTE ADVISORY COUNCIL, AND TO REQUIRE
RECORDKEEPING AND REPORTING BY WASTE TIRE
FACILITIES.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 44-96-40(68) of the 1976 Code, as added by
Act 63 of 1991, is amended to read:
"(68)(a) 'Waste tire collection site
facility' means a permitted facility site, or a site
exempted from the permit requirement, used for the
temporary storage of waste tires or processed tires
before prior to treatment or recycling, processing, or
disposal.
(b) 'Waste tire disposal facility' means a permitted facility
where processed waste tires are placed on the land in a manner which
constitutes disposal.
(c) 'Waste tire processing facility' means a permitted facility
where equipment is used to cut, shred, burn for volume reduction, or
to otherwise alter whole waste tires. The term includes mobile waste
tire processing equipment.
(d) 'Waste tire recycling facility' means a permitted facility
where waste tires are used as a fuel source, or returned to use in the
form of products or raw materials."
SECTION 2. Section 44-96-170(D) through (P) of the 1976 Code,
as added by Act 63 of 1991 and some of which subsections were
amended by Sections 1155 and 1156 of Act 181 of 1993, are further
amended to read:
"(D) Each county will be is required by the
department to participate in ongoing waste tire clean-up enforcement
efforts, and no later than twelve months after promulgation of
regulations by the department, establish approved waste tire
accumulation sites, designate waste tire processing, recycling,
and disposal methods to be used, and begin disposal
operations in compliance with the applicable regulations. Counties
may contract with other counties and with private firms to implement
the provisions of this chapter. The department shall administer waste
tire disposal management plans for those counties
which do not submit proposals.
(E) Counties are prohibited from imposing an additional
disposal fee on waste tires generated within the county.
However, a county may impose an additional disposal fee on
waste tires, heavy equipment tires, and oversized tires that have a
greater diameter than the largest tire with a Department of
Transportation number. A disposal fee may be charged on
waste tires generated outside of South Carolina. Counties may
require fleets to provide documentation for proof of purchase on
in-state tires. For tires not included in documentation, an additional
tipping fee may be charged. Counties may charge a tipping fee of up
to one dollar and fifty cents for each waste tire
manufactured or up to one hundred fifty dollars a ton for
waste tires generated in this State for which no fee has been paid
otherwise.
(F) Counties may charge a tipping fee of up to one dollar and
fifty cents for each waste tire manufactured in this State or up to one
hundred fifty dollars per ton for waste tires manufactured in this State
for which no fee has been paid otherwise.
(F)(G) Not later than six months after the
department promulgates regulations, no a person,
except as provided, shall not knowingly deposit whole waste
tires in a landfill as a method of ultimate disposal.
(G)(H) Eighteen months after this chapter is
effective, no a person shall not:
(1) maintain a waste tire collection site unless such site is an
integral part of the person's permitted waste tire treatment facility or
that person has entered into a contract with a permitted waste tire
treatment facility for the disposal of waste tires;
(2) knowingly dispose of waste tires in this State, unless the
waste tires are disposed of at a: (a) permitted solid waste
disposal facility for treatment; or
(b) waste tire collection site which is an integral part of a
permitted waste tire treatment facility;
(c) permitted waste tire treatment facility; or
(d) permitted waste tire collection center; or
(3) knowingly dispose of or discard waste tires on the
property of another, in a manner not prescribed by this chapter.
For an interim period to be determined by the department, waste
tires may be disposed of at a solid waste disposal facility, a waste tire
treatment recycling or processing facility, or a waste
tire collection center seeking a permit from the department pursuant
to this section. Notwithstanding any other provision of law, any
person violating this subsection shall be subject to a fine not to
exceed two hundred dollars. This provision may be enforced by a
state, county, or municipal law enforcement official, or by the
department. Each tire improperly disposed of shall constitute a
separate violation.
(I) It is the policy of this State to recommend that waste tires be
managed at a:
(a) waste tire collection site which is an integral part of a
permitted waste tire recycling or processing facility;
(b) permitted waste tire recycling or processing facility; or
(c) permitted waste tire collection center.
(H)(J) Not later than twelve months after this
chapter is effective, the department shall promulgate regulations
requiring all collectors, processors, recyclers, haulers, and
disposers of waste tires to obtain a permit or registration issued by the
department. The regulations shall set forth the requirements for the
issuance of such permits or registrations. After the effective date of
the regulations, no a person shall not collect,
haul, recycle, or process waste tires unless that person has
obtained a permit or registration from the department for that activity
or, for an interim period to be determined by the department, is
seeking a permit or registration from the department for that activity.
(I)(K) Subsection (H) (J) does
not apply to items (1) through (5) if these designated waste tire sites
are maintained so as to prevent and control mosquitos or other public
health nuisances as determined by the department:
(1) a tire retailing business where less than one thousand waste
tires are kept on the business premises;
(2) a tire retreading business where less than two thousand five
hundred waste tires are kept on the business premises or a tire
retreading facility that is owned or operated by a company that
manufactures tires in this State or the tire manufacturer's parent
company or its subsidiaries;
(3) a business that, in the ordinary course of business, removes
tires from motor vehicles if less than one thousand of these tires are
kept on the business premises;
(4) a permitted solid waste facility with less than two thousand
five hundred waste tires temporarily stored on the business premises;
or
(5) a person using waste tires for agricultural purposes.
(J)(L) The department shall encourage the
voluntary establishment of waste tire collection centers, waste tire
treatment facilities, and solid waste disposal facilities to be open to
the public for the deposit of waste tires.
(K)(M) The department is authorized to establish
incentive programs to encourage individuals to return their used tires
to waste tire disposal recycling or processing
facilities.
(L)(N) For sales made on or after November 1,
1991, there is imposed a fee of two dollars per new tire with a
DOT number sold to the ultimate consumer, whether the tire is
mounted by the seller or not. The wholesaler or retailer receiving
new tires from unlicensed wholesalers shall be responsible for the fee
imposed by this section. The Department of Revenue and
Taxation shall administer, collect, and enforce the tire
disposal recycling fee in the same manner that the
sales and use taxes are collected pursuant to Chapter 36 of Title 12.
The fee imposed by this section must be remitted on a monthly basis.
However, taxpayers are not required to make payments under Section
12-36-2600. In lieu of the discount allowed pursuant to Section
12-36-2610, the taxpayer may retain three percent of the total fees
collected as an administrative collection allowance. This allowance
applies whether or not the return is timely filed. The department shall
deposit all fees collected to the credit of the State Treasurer. The
State Treasurer shall establish a separate and distinct account from
the state general fund. The State Treasurer shall distribute one and
one-half dollars of each tire sold to each county based upon the
population in each county according to the most recent United States
Census. The county shall use these funds for collection,
processing, or recycling and disposal of waste tires
generated within that county the State. The
remaining portion of the tire disposal recycling fee
is to be credited to the Solid Waste Management Trust Fund by the
State Treasurer for the Waste Tire Grant Trust Fund, which is
established under the administration of the South Carolina
Department of Health and Environmental Control. The General
Assembly shall review the waste tire disposal
recycling fee every five years.
(M)(O) A wholesaler or retailer required to submit
a fee under subsection (L) (N) who delivers or
arranges delivery of waste tires to:
(1) a permitted or approved waste tire
disposal recycling facility, or
(2) a permitted or approved waste tire processing facility which
processes waste tires before recycling, may apply for a refund
of one dollar per tire delivered. If waste tires generated in South
Carolina, on which a fee has been paid, are delivered to a waste tire
facility located outside this State, a wholesaler or retailer may apply
for a refund of one dollar per tire delivered if the receiving facility is
permitted or approved by the host state as a waste tire recycling
facility or a waste tire processing facility which processes waste tires
before recycling. In no case may a refund be approved for a
number of tires delivered in excess of the number of new tires sold by
the individual wholesaler or retailer. Verification must be provided
as required by the South Carolina State Department of
Revenue and Taxation. Any All
refund refunds made pursuant to this subsection
must be charged against the appropriate county's distributions under
subsection (L) (N).
The department shall develop a list of permitted waste tire recycling
or processing facilities which meet the requirements of this chapter.
A tire retailing business offering new tires for sale must accept, at the
point of transfer or within thirty days from the sale of a new tire, an
equal number of waste tires from the customer.
(N)(P) The Office of Solid Waste Reduction and
Recycling of DHEC may provide grants from the Waste Tire
Grant Trust Fund to local governments to assist in the
following: counties which have exhausted all funds remitted
to counties under Section 44-96-170(N), to regions applying on
behalf of those counties and to local governments within those
counties to assist in the following:
(1) constructing or operating a Tire Derived Fuel
(TDF) burning facility for processing or building heat, electricity, or
other energy recovery;
(2)(1) constructing or operating, or
contracting for the construction or operation of a
with waste tire treatment facility and equipment for
disposal processing or recycling facilities;
(3) contracting for waste tire treatment facility services;
(4)(2) removing or contracting for the removal
of waste tires for processing or recycling; or
(5)(3) performing or contracting for the
performance of research designed to facilitate waste tire recycling
or disposal.; or
(4) purchasing of recycled products made from waste tires
generated in this State.
Priority is to be given to TDF facilities that utilize existing
combustion equipment and provide large volume uses.
For three years from this chapter's effective date, the funds
in the Waste Tire Grant Trust Fund must be used exclusively to fund
grants to a county or region to pay for the cost of disposal of the
accumulated waste tires.
(O)(Q) Waste tire grants must be awarded on
the basis of written grant request proposals submitted to and
approved, not less than annually, by the committee consisting of ten
members appointed by the commissioner representing the following:
(1) the South Carolina Tire Dealers and Retreaders Association;
(2) the South Carolina Association of Counties;
(3) the South Carolina Association of Regional Councils;
(4) the South Carolina Department of Health and Environmental
Control;
(5) tire manufacturers;
(6) the general public;
(7) a public interest and environmental organization;
(8) the South Carolina Department of Natural Resources;
(9) the Division of Energy, Agriculture and Natural
Resources in the Office of the Governor; and
(10) the South Carolina Municipal Association.
Members of the committee shall serve for terms of three years and
until their successors are appointed and qualify except that of
those first appointed, three shall serve for terms of two years, and
three shall serve for terms of one year, as designated by the
commissioner.
Vacancies must be filled in the manner of original appointment for
the unexpired portion of the term. The representative of the
department shall serve as chairman. The committee shall review grant
requests and proposals and make recommendations on grant awards
to the State Solid Waste Advisory Council. Grants must be awarded
by the State Solid Waste Advisory Council.
(R) Upon the cessation of the existence of the
State The department may use funds from the Waste Tire
Trust Fund to fund activities of the department to implement
provisions of this section and to promote the recycling of waste tires.
The use of these funds shall be reviewed annually by the Waste Tire
Committee and the State Solid Waste Advisory
Council., The Office of Solid Waste
Reduction and Recycling shall receive Advisory Council
also may make recommendations to the office for the use of
these funds from the committee.
(S) The department shall establish by regulation
recordkeeping and reporting requirements for waste tire haulers and
collection, processing, recycling, and disposal facilities.
(P)(T) A county failing to comply with the
requirements of this section and regulations promulgated under it
are is not eligible for monies from the Waste Tire
Grant Trust Fund."
SECTION 3. Section 44-96-40(14) of the 1976 Code, as added by
Act 63 of 1991, is amended to read:
"(14) 'For hire motor carrier' means those motor
carriers transporting persons or property over any improved public
highway under a rate, fare, or charge established and approved by the
Public Service Commission for such transportation services available
to the public and does not include or apply to businesses and vendors
operating their own motor carriers to transport persons or property for
their own internal business operations any company
operating a fleet of vehicles used exclusively in the transportation of
freight for compensation."
SECTION 4. This act takes effect upon approval by the Governor.
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