H 5034 General Bill, By Witherspoon
 A BILL TO AMEND SECTION 44-56-460, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO ESTABLISHING REHABILITATION PRIORITIES AT CONTAMINATED DRYCLEANING
 FACILITIES, SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL
 CONTROL MAY NOT EXPEND FROM THE DRYCLEANING FACILITY RESTORATION FUND MORE
 THAN TWO HUNDRED FIFTY THOUSAND DOLLARS ANNUALLY FOR INVESTIGATION AND
 REHABILITATION ACTIVITIES, RATHER THAN TO LIMIT EXPENDITURES TO FIVE PERCENT
 OF THE AVERAGE COLLECTED ANNUAL BALANCE OF THE FUND AND TO AMEND SECTION
 44-56-470 RELATING TO ANNUAL DRYCLEANING FACILITY REGISTRATION FEES, SO AS TO
 EXTEND FROM DECEMBER 1, 1996 TO JULY 1, 1999 THE TIME WITHIN WHICH A FACILITY
 OWNER OR OPERATOR MUST DEMONSTRATE THROUGH OBTAINING CERTIFICATION, COMPETENCY
 TO OPERATE A FACILITY AND MUST INSTALL DIKES OR OTHER CONTAINMENT STRUCTURES
 AROUND EQUIPMENT.

   04/14/98  House  Introduced and read first time HJ-48
   04/14/98  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-48

A BILL

TO AMEND SECTION 44-56-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING REHABILITATION PRIORITIES AT CONTAMINATED DRYCLEANING FACILITIES, SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY NOT EXPEND FROM THE DRYCLEANING FACILITY RESTORATION FUND MORE THAN TWO HUNDRED FIFTY THOUSAND DOLLARS ANNUALLY FOR INVESTIGATION AND REHABILITATION ACTIVITIES, RATHER THAN TO LIMIT EXPENDITURES TO FIVE PERCENT OF THE AVERAGE COLLECTED ANNUAL BALANCE OF THE FUND AND TO AMEND SECTION 44-56-470 RELATING TO ANNUAL DRYCLEANING FACILITY REGISTRATION FEES, SO AS TO EXTEND FROM DECEMBER 1, 1996 TO JULY 1, 1999 THE TIME WITHIN WHICH A FACILITY OWNER OR OPERATOR MUST DEMONSTRATE, THROUGH OBTAINING CERTIFICATION, COMPETENCY TO OPERATE A FACILITY AND MUST INSTALL DIKES OR OTHER CONTAINMENT STRUCTURES AROUND EQUIPMENT.

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

SECTION 1. Section 44-56-460(C) of the 1976 Code, as added by Act 119 of 1995, is amended to read:

"(C) The department may not expend more than two hundred fifty thousand dollars from the fund yearly more than five percent of the average collected annual balance of the fund annually to pay for the costs at any one eligible site for the activities described in Section 44-56-420(B)."

SECTION 2. Section 44-56-470(D) and (E) of the 1976 Code, as added by Act 119 of 1995, is amended to read:

"(D) Before December 1, 1996 July 1, 1999, an owner or operator of a drycleaning facility or person shall receive certification from the International Fabricare Institute, the Neighborhood Cleaners Association, or some other comparable nationally recognized drycleaning industry association certifying that the operator has demonstrated a level of competency to operate a drycleaning facility in accordance with the highest standards of the drycleaning industry.

(E) Before January 1, 1997 July 1, 1999, an owner or operator of a drycleaning facility or person shall install dikes or other containment structures around each machine or item of equipment in which drycleaning solvents are used and around an area in which solvents or waste containing solvents are stored. The dikes or containment structures must be capable of containing one-third of the capacity of the total tank capacity of each machine. To the extent practicable, an owner of a drycleaning facility or person shall seal or otherwise render impervious those portions of all diked floor surfaces upon which any drycleaning solvents may leak, spill, or otherwise be released."

SECTION 3. This act takes effect upon approval by the Governor.