S 1327 Session 109 (1991-1992)
S 1327 General Bill, By M.B. Williams
A Bill to amend Section 48-48-30, Code of Laws of South Carolina, 1976,
relating to limits on the amount of waste which may be disposed of at the
Barnwell Facility, to extend the limit on the amount of waste which may be
disposed of at the Barnwell Facility to twelve million cubic feet through
January 1, 1996, not to exceed one million, two hundred thousand cubic feet of
waste for a calendar year; to amend Section 48-48-80, relating to legislative
authorization for continued operation of the low-level waste disposal facility
located near Barnwell, South Carolina, so as to authorize that facility to
continue to serve as the regional disposal facility for the Southeast Region
until January 1, 1996; to amend Section 48-48-90, relating to the
carry-forward of unused annualized site capacity, so as to extend the
carry-forward provision to December 31, 1995; to amend Section 48-47-30(10),
relating to the definition of "regional facility" in the Southeast Compact, so
as to change that definition to authorize the Barnwell Facility to remain the
regional facility until January 1, 1996; and to direct the South Carolina
representatives to the Southeast Compact Commission to initiate negotiations
between the Compact Commission and the State of North Carolina regarding
conditions and sanctions for access to the Barnwell Facility.
02/25/92 Senate Introduced and read first time SJ-8
02/25/92 Senate Referred to Committee on Labor, Commerce and
Industry SJ-8
04/06/92 Senate Committee report: Majority favorable, minority
unfavorable Labor, Commerce and Industry SJ-17
04/15/92 Senate Special order SJ-24
04/22/92 Senate Amended SJ-38
04/22/92 Senate Read second time SJ-69
04/22/92 Senate Ordered to third reading with notice of
amendments SJ-69
04/23/92 Senate Special order SJ-37
04/28/92 Senate Amended SJ-88
04/28/92 Senate Read third time and sent to House SJ-111
04/29/92 House Introduced and read first time HJ-246
04/29/92 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-247
05/12/92 House Recalled from Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-31
05/20/92 House Objection by Rep. McLeod, Scott, Cromer, Waites,
Cobb-Hunter, Huff, HJ-116
05/20/92 House Objection by Rep. Tucker, Rogers, McElveen,
Harvin, Hodges, Clyborne, HJ-116
05/20/92 House Objection by Rep. Baker, Kirsh, Cato, Rama,
Vaughn, Hyatt, Keyserling, HJ-116
05/20/92 House Objection by Rep. Inabinett, J. Bailey, G. Brown,
Farr, Kempe, Hallman, HJ-116
05/20/92 House Objection by Rep. Mattos, Fulmer, Meacham, Byrd &
Corning HJ-116
Indicates Matter Stricken
Indicates New Matter
RECALLED
May 12, 1992
S. 1327
Introduced by SENATOR Williams
S. Printed 5/12/92--H.
Read the first time April 29, 1992.
STATEMENT OF ESTIMATED FISCAL
IMPACT
1. Estimated Cost to State-First Year $-0-
2. Estimated Cost to State-Annually
Thereafter $-0-
S. 1327 would extend the operation of the Barnwell Low-Level
Nuclear Waste Storage site, managed and operated by a private
corporation, until December 31, 1996 (originally scheduled to close on
December 31, 1992). While this Bill, as amended on second reading by
the Senate, might generate additional expenditures for the operation of
the site, these expenditures are the responsibility of the private corporate
operator and not the responsibility of the State or derived from its
General Fund. Therefore, this legislation would not have any impact (as
an expenditure) on the State's General Fund. Duties outlined in the Bill
relative to the Department of Health and Environmental Control and the
State Treasurer are a part of ongoing duties, and do not generate any
additional costs. The South Carolina Tax Commission should be
consulted pursuant to the provisions of Section 2-7-71 for a statement of
revenues generated.
Approved By:
George N. Dorn, Jr.
State Budget Division
STATEMENT OF ESTIMATED REVENUE
IMPACT
1. Estimated Additional Revenue to
State--1st Year $37,800,000
S. 1327 would extend the
operation of the Barnwell Low-Level Nuclear Waste storage site
managed and operated by a private corporation until December 31, 1996
(originally scheduled to close on December 31, 1992). As amended by
the Senate on second reading, the Bill would increase the fees on the
storage of out-of-state, out-of-compact depositors from $40 per cubic
foot to $160 per cubic foot. Fees for out-of-state, in-compact depositors
would be raised from $34 to $40 per cubic foot. In-state waste would
continue to be billed at $6.00 per cubic foot. Estimated volume for
fiscal year 1992/1993 is:
Out-of-Compact: 576,350 cubic feet
In-Compact: 328,650 cubic feet
In-State: 45,000 cubic feet
If these estimates for volume are
correct, total additional revenues (new dollars) for the General Fund in
fiscal year 1992/1993 will total $37,800,000.00.
Approved By:
Gary Turner
S.C. Tax Commission
A BILL
TO AMEND SECTION 48-48-30, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO LIMITS ON THE AMOUNT OF
WASTE WHICH MAY BE DISPOSED OF AT THE BARNWELL
FACILITY, TO EXTEND THE LIMIT ON THE AMOUNT OF
WASTE WHICH MAY BE DISPOSED OF AT THE BARNWELL
FACILITY TO TWELVE MILLION CUBIC FEET THROUGH
JANUARY 1, 1996, NOT TO EXCEED ONE MILLION, TWO
HUNDRED THOUSAND CUBIC FEET OF WASTE FOR A
CALENDAR YEAR; TO AMEND SECTION 48-48-80, RELATING
TO LEGISLATIVE AUTHORIZATION FOR CONTINUED
OPERATION OF THE LOW-LEVEL WASTE DISPOSAL FACILITY
LOCATED NEAR BARNWELL, SOUTH CAROLINA, SO AS TO
AUTHORIZE THAT FACILITY TO CONTINUE TO SERVE AS THE
REGIONAL DISPOSAL FACILITY FOR THE SOUTHEAST
REGION UNTIL JANUARY 1, 1996; TO AMEND SECTION 48-48-90, RELATING TO THE CARRY-FORWARD OF UNUSED
ANNUALIZED SITE CAPACITY, SO AS TO EXTEND THE
CARRY-FORWARD PROVISION TO DECEMBER 31, 1995; TO
AMEND SECTION 48-47-30(10), RELATING TO THE DEFINITION
OF "REGIONAL FACILITY" IN THE SOUTHEAST
COMPACT, SO AS TO CHANGE THAT DEFINITION TO
AUTHORIZE THE BARNWELL FACILITY TO REMAIN THE
REGIONAL FACILITY UNTIL JANUARY 1, 1996; AND TO
DIRECT THE SOUTH CAROLINA REPRESENTATIVES TO THE
SOUTHEAST COMPACT COMMISSION TO INITIATE
NEGOTIATIONS BETWEEN THE COMPACT COMMISSION AND
THE STATE OF NORTH CAROLINA REGARDING CONDITIONS
AND SANCTIONS FOR ACCESS TO THE BARNWELL FACILITY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 48-47-30(10) of the 1976 Code is amended to
read:
"10. `Regional facility' means (1) a facility as defined in this
article which has been designated, authorized, accepted, or approved by
the commission to receive waste or (2) the disposal facility in Barnwell
County, South Carolina, owned by the State of South Carolina and as
licensed for the burial of low-level radioactive waste on July 1, 1982,
but in no event shall this disposal facility serve as a regional facility
beyond December 31, 1992, January 1, 1996."
SECTION 2. Section 48-48-30 of the 1976 Code is amended to read:
"(A) The regional disposal facility located at Barnwell may
accept not more than eight ten million, four hundred
thousand cubic feet of low-level radioactive waste during the
seven-year period beginning January 1, 1986, and ending
December 31, 1992 January 1, 1996. For the
duration of the period beginning January 1, 1986, and ending December
31, 1992, the The facility shall accept no waste from out of
the region if receipt of such waste would result in disposal in excess of
one million two hundred thousand cubic feet of waste for a calendar
year, except under the provisions of Sections 5 and 6 of P.L. 99-240
or as otherwise provided in this chapter.
(B) If in any calendar year the provisions of Section 5,
"Limited Availability of Certain Regional Disposal Facilities
During Transition and Licensing Periods", subpart a(3)(B) of P.
L. 99-240 are invoked then the facility shall increase the burial limit in
that year in increments of ten percent but the increases shall not result
in burial in excess of the eight million, four hundred thousand cubic feet
through December 31, 1992, except as provided by law.
(C) If in any calendar year the provisions of Section 6,
"Emergency Access", of P. L. 99-240, are invoked then the
facility shall increase the yearly burial limit as required pursuant to
certification of the Nuclear Regulatory Commission. Increases in the
yearly burial limit under Section 6 of P. L. 99-240 shall not be greater
than one hundred twenty percent of the burial rate of the previous year
nor shall the increases result in burial in excess of the eight million, four
hundred thousand cubic feet through December 31, 1992, except as
provided by law."
SECTION 3. Section 48-48-80 of the 1976 Code is amended to read:
"Section 48-48-80. (A) Beginning no later
than January 1, 1993 1996, the disposal facility
located at Barnwell shall cease to accept radioactive waste from outside
the borders of the State notwithstanding any provision to the
contrary herein or hereinafter contained and to serve as the
regional disposal facility for the Southeast Regional Compact.
Further operation of the facility beyond January 1, 1993,
must be specifically authorized by the General Assembly is
subject to the conditions provided in this section. Within one
year prior to closure, When the site ceases to accept waste from
outside the State the department shall evaluate the remaining
capacity of the site and recommend to the General Assembly the need
and use of any remaining disposal capacity of the site. In accordance
with Section 13-7-30 of the 1976 Code, the State Budget and
Control Board, or its designee, is responsible for extended custody and
maintenance of the Barnwell site following closure and license transfer
from the facility operator. The department is responsible for continued
site monitoring.
(B) The Barnwell site shall continue to serve as the disposal
facility for the Southeast Interstate Low-Level Radioactive Waste
Management Compact until January 1, 1996, subject to the following
conditions:
(1) The site must cease serving as a facility for the compact if
North Carolina has a permanent or temporary site ready to receive the
region's waste before January 1, 1996.
(2) North Carolina and the compact commission must
establish prior to December 31, 1993, a reference guideline as provided
in the Southeast Interstate Low-Level Radioactive Waste Management
Compact which precludes the siting of any new low-level waste storage
or disposal facility within ten miles of a neighboring state.
(3) North Carolina must not site a low-level waste storage or
disposal facility at a location which will pose a threat to human health,
the environment, or water resources in contiguous states.
(C) The failure of North Carolina or the compact commission to
satisfy any one of the conditions set forth in subsection (B) 2 or (B) 3
will result in the following:
(1) The Barnwell site must immediately cease to accept low-level waste generated in North Carolina.
(2) If either of the conditions set forth in (B) 2 or (B) 3 are not
met, then the facility must cease to accept waste from outside the State
as of June 30, 1994. The South Carolina Department of Health and
Environmental Control shall make determinations whether the
conditions set forth herein are satisfied and report its findings to the
President of the Senate, the Speaker of the House, and the
Governor.
(D) As a further condition of the continued operation
of the Barnwell site as a regional low-level radioactive waste disposal
site until January 1, 1996, the State of North Carolina must comply with
the following milestones:
(1) The State of North Carolina must submit a
completed regional disposal facility license application to all appropriate
government agencies prior to December 31, 1993.
(2) A regional disposal facility operating license
must be approved by all appropriate government agencies prior to March
15, 1995.
(E) The State of North Carolina shall notify the
Southeast compact commission and the South Carolina Department of
Health and Environmental Control on each milestone date as to whether
the milestone has been accomplished, and the compact commission shall
so certify. The South Carolina Department of Health and Environmental
Control shall certify whether or not the milestones have been met and
report its finding to the President of the Senate, the Speaker of the
House, and the Governor. If any milestone is not accomplished,
payment from a fund established by the commission, and funded by a
surcharge imposed prior to December 31, 1992, on generators of low-level waste within the Southeast region other than generators located in
this State, in the amount of five million dollars must be made to the State
of South Carolina.
The failure of North Carolina or the Southeast compact commission
to satisfy any one of the milestones by the prescribed dates shall require
the Barnwell site to cease to operate one year from the date that the
milestone was to be met.
(F) As a further condition beginning January 1, 1993,
the Southeast compact commission shall not approve any agreements
allowing acceptance of non-region waste unless such agreements
provide for the assessment of a fee equal to or greater than one hundred
sixty dollars per cubic foot."
SECTION 4. Section 48-48-90 of the 1976 Code is amended to read:
"Section 48-48-90. The site operator may carry forward
to any subsequent year unused annual site capacity up to two hundred
thousand cubic feet whenever the site does not receive as much as one
million, two hundred thousand cubic feet in a calendar year. In
no calendar year may this carry-forward be used by the site operator to
accept for disposal or storage an amount of waste in excess of one
million, four hundred thousand cubic feet by operation of this or
any other section. The use of this carry-forward of unused annualized
site capacity may not result in disposal or storage of waste in excess of
eight ten million, four hundred thousand cubic
feet of waste prior to December 31, 1992 1995.
No carry-forward of site capacity may be used after December 31,
1992 1995."
SECTION 5. In no event shall any appropriation of general funds by
the State of South Carolina be expended to offset any deficits incurred
by the State of North Carolina in the siting and building of a low-level
radioactive waste facility.
SECTION 6. If the State of North Carolina issues a permit for a
hazardous waste or solid waste facility at a site located within one mile
of the border of a neighboring state after the effective date of the act,
low-level waste generated outside of the State of South Carolina may not
be disposed at the low-level radioactive waste facility located at
Barnwell after the date of issuance of the permit by the State of North
Carolina or January 1, 1993, whichever date is later.
SECTION 7. This act takes effect upon approval of the Governor.
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