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S*853
Session 109 (1991-1992)


S*0853(Rat #0280, Act #0267 of 1992)  General Bill, By Saleeby and J.V. Smith
 A Bill to amend Section 44-56-200, Code of Laws of South Carolina, 1976,
 relating to authority of the Department of Health and Environmental Control to
 implement and enforce the federal Hazardous Waste Cleanup Law, so as to
 include subsequent amendments to the federal law within the Department's
 enforcement authority.

   04/04/91  Senate Introduced and read first time SJ-7
   04/04/91  Senate Referred to Committee on Medical Affairs SJ-7
   04/23/91  Senate Committee report: Favorable Medical Affairs SJ-240
   04/25/91  Senate Read second time SJ-51
   04/29/91  Senate Read third time and sent to House SJ-12
   04/30/91  House  Introduced and read first time HJ-18
   04/30/91  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-18
   02/05/92  House  Committee report: Favorable Agriculture, Natural
                     Resources and Environmental Affairs HJ-6
   02/12/92  House  Read second time HJ-19
   02/13/92  House  Read third time and enrolled HJ-7
   02/18/92         Ratified R 280
   02/24/92         Signed By Governor
   02/24/92         Effective date 02/24/92
   02/24/92         Act No. 267
   03/30/92         Copies available



(A267, R280, S853)

AN ACT TO AMEND SECTION 44-56-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORITY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPLEMENT AND ENFORCE THE FEDERAL HAZARDOUS WASTE CLEANUP LAW, SO AS TO INCLUDE SUBSEQUENT AMENDMENTS TO THE FEDERAL LAW WITHIN THE DEPARTMENT'S ENFORCEMENT AUTHORITY.

Be it enacted by the General Assembly of the State of South Carolina:

Enforcement of federal hazardous waste amendments

SECTION 1. Section 44-56-200 of the 1976 Code is amended to read:

"Section 44-56-200. The Department of Health and Environmental Control is empowered to implement and enforce the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (Public Law 96-510), and subsequent amendments to Public Law 96-510 as of the effective date of the amendments. Subject to the provisions of Section 107 of Public Law 96-510 and its subsequent amendments which pursuant to this section are incorporated and adopted as the law of this State, the department is empowered to recover on behalf of the State all response costs expended from the Hazardous Waste Contingency Fund or from other sources, including specifically punitive damages in an amount at least equal to and not more than three times the amount of costs incurred by the State whether before or after the enactment of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, and its subsequent amendments."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 24th day of February, 1992.




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