H*3326 Session 108 (1989-1990)
H*3326(Rat #0299, Act #0196 of 1989) General Bill, By Sheheen, H.M. Hallman,
J.T. McElveen and M. McLeod
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Sections
44-56-35, 44-56-165, and 44-56-205 so as to authorize the Department of Health
and Environmental Control to promulgate regulations establishing standards for
the location of hazardous waste treatment, storage, and disposal facilities to
ensure long-term protection of human health and the environment, and require
that all hazardous waste treatment and disposal facilities in this State shall
give preference to hazardous waste generators within the State for treatment
and disposal of hazardous materials at licensed facilities in the State, to
designate that a portion of the fee imposed under Section 44-56-170(C) be used
to fund hazardous waste reduction and minimization actions of the Department
and to enforce bans provided for in Section 44-56-136(4), (5), and (6); to
amend Chapter 56 of Title 44 by adding Article 2 so as to provide that the
entity providing financial assistance for a hazardous waste treatment or
disposal facility or site must, upon written request of the Department,
furnish the Department information concerning its financial integrity, to
provide that the Department may require certain information, to authorize the
Department to review the nature, extent, and sufficiency of the information
supplied, to authorize the Department to verify the information which is
furnished; to amend Chapter 56 of Title 44 by adding Article 9 so as to create
the Hazardous Waste Management Research Fund, to provide the purposes of the
fund, to specify the purposes for which monies from the fund may be expended,
require certain fees to be remitted for credit to the fund; authorize the
South Carolina Universities Research and Education Foundation to expend monies
from the fund, require accounting of monies spent by the Foundation, to create
a Hazardous Waste Management Select Oversight Committee, to provide for its
purposes, responsibilities, and membership; to amend Section 44-56-60 relating
to the requirements for the issuance of a permit for the operation,
construction, or alteration of a hazardous waste treatment, storage, or
disposal facility, so as to require evidence of financial assurance as the
Department determines prior to the issuance of a permit; to amend Section
44-56-130, relating to unlawful acts regarding hazardous waste, so as to
prohibit the treatment, storage, or disposal of hazardous waste in this State
generated in another state which prohibits the treatment, storage, or disposal
of that substance within its own borders; to amend Section 44-56-160, as
amended, relating to the Hazardous Waste Contingency Fund, so as to make
corrections in references to fees levied pursuant to other Code Sections; and
to amend Section 44-56-170, relating to Hazardous Waste Contingency Fund
reports, fees, and administration of the Hazardous Waste Contingency Fund, so
as to increase the fee imposed on hazardous wastes generated in and out of
this State.-amended title
01/25/89 House Introduced and read first time HJ-10
01/25/89 House Referred to Committee on Agriculture and Natural
Resources HJ-10
02/02/89 House Committee report: Favorable with amendment
Agriculture and Natural Resources HJ-1
02/14/89 House Debate adjourned until Thursday, February 16,
1989 HJ-31
02/16/89 House Amended HJ-29
02/16/89 House Read second time HJ-37
02/16/89 House Unanimous consent for third reading on next
legislative day HJ-37
02/17/89 House Read third time and sent to Senate HJ-1
02/21/89 Senate Introduced and read first time SJ-8
02/21/89 Senate Referred to Committee on Agriculture and Natural
Resources SJ-8
04/05/89 Senate Committee report: Favorable with amendment
Agriculture and Natural Resources SJ-11
04/27/89 Senate Special order SJ-153
05/23/89 Senate Debate adjourned SJ-72
05/26/89 Senate Amended SJ-30
05/26/89 Senate Read second time SJ-58
05/26/89 Senate Unanimous consent for third reading on next
legislative day SJ-58
05/29/89 Senate Read third time and returned to House with
amendments SJ-76
05/31/89 House Senate amendment amended HJ-75
05/31/89 House Returned to Senate with amendments HJ-91
06/01/89 Senate Concurred in House amendment and enrolled SJ-7
06/14/89 Ratified R 299
06/20/89 Signed By Governor
06/28/89 Effective date 06/20/89
06/28/89 Act No. 196
06/28/89 Copies available
(A196, R299, H3326)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS
44-56-35, 44-56-165, AND 44-56-205 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH
AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS ESTABLISHING STANDARDS FOR
THE LOCATION OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES TO
ENSURE LONG-TERM PROTECTION OF HUMAN HEALTH AND THE ENVIRONMENT, AND REQUIRE THAT
ALL HAZARDOUS WASTE TREATMENT AND DISPOSAL FACILITIES IN THIS STATE SHALL GIVE
PREFERENCE TO HAZARDOUS WASTE GENERATORS WITHIN THE STATE FOR TREATMENT AND
DISPOSAL OF HAZARDOUS MATERIALS AT LICENSED FACILITIES IN THE STATE, TO DESIGNATE
THAT A PORTION OF THE FEE IMPOSED UNDER SECTION 44-56-170(C) BE USED TO FUND
HAZARDOUS WASTE REDUCTION AND MINIMIZATION ACTIONS OF THE DEPARTMENT AND TO
ENFORCE BANS PROVIDED FOR IN SECTION 44-56-136(4), (5), AND (6); TO AMEND CHAPTER
56 OF TITLE 44 BY ADDING ARTICLE 2 SO AS TO PROVIDE THAT THE ENTITY PROVIDING
FINANCIAL ASSISTANCE FOR A HAZARDOUS WASTE TREATMENT OR DISPOSAL FACILITY OR SITE
MUST, UPON WRITTEN REQUEST OF THE DEPARTMENT, FURNISH THE DEPARTMENT INFORMATION
CONCERNING ITS FINANCIAL INTEGRITY, TO PROVIDE THAT THE DEPARTMENT MAY REQUIRE
CERTAIN INFORMATION, TO AUTHORIZE THE DEPARTMENT TO REVIEW THE NATURE, EXTENT,
AND SUFFICIENCY OF THE INFORMATION SUPPLIED, TO AUTHORIZE THE DEPARTMENT TO
VERIFY THE INFORMATION WHICH IS FURNISHED; TO AMEND CHAPTER 56 OF TITLE 44 BY
ADDING ARTICLE 9 SO AS TO CREATE THE HAZARDOUS WASTE MANAGEMENT RESEARCH FUND,
TO PROVIDE THE PURPOSES OF THE FUND, TO SPECIFY THE PURPOSES FOR WHICH MONIES
FROM THE FUND MAY BE EXPENDED, REQUIRE CERTAIN FEES TO BE REMITTED FOR CREDIT TO
THE FUND; AUTHORIZE THE SOUTH CAROLINA UNIVERSITIES RESEARCH AND EDUCATION
FOUNDATION TO EXPEND MONIES FROM THE FUND, REQUIRE ACCOUNTING OF MONIES SPENT BY
THE FOUNDATION, TO CREATE A HAZARDOUS WASTE MANAGEMENT SELECT OVERSIGHT
COMMITTEE, TO PROVIDE FOR ITS PURPOSES, RESPONSIBILITIES, AND MEMBERSHIP; TO
AMEND SECTION 44-56-60, RELATING TO THE REQUIREMENTS FOR THE ISSUANCE OF A PERMIT
FOR THE OPERATION, CONSTRUCTION, OR ALTERATION OF A HAZARDOUS WASTE TREATMENT,
STORAGE, OR DISPOSAL FACILITY, SO AS TO REQUIRE EVIDENCE OF FINANCIAL ASSURANCE
AS THE DEPARTMENT DETERMINES PRIOR TO THE ISSUANCE OF A PERMIT; TO AMEND SECTION
44-56-130, RELATING TO UNLAWFUL ACTS REGARDING HAZARDOUS WASTE, SO AS TO PROHIBIT
THE TREATMENT, STORAGE, OR DISPOSAL OF HAZARDOUS WASTE IN THIS STATE GENERATED
IN ANOTHER STATE WHICH PROHIBITS THE TREATMENT, STORAGE, OR DISPOSAL OF THAT
SUBSTANCE WITHIN ITS OWN BORDERS; TO AMEND SECTION 44-56-160, AS AMENDED,
RELATING TO THE HAZARDOUS WASTE CONTINGENCY FUND, SO AS TO MAKE CORRECTIONS IN
REFERENCES TO FEES LEVIED PURSUANT TO OTHER CODE SECTIONS; AND TO AMEND SECTION
44-56-170, RELATING TO HAZARDOUS WASTE CONTINGENCY FUND REPORTS, FEES, AND
ADMINISTRATION OF THE HAZARDOUS WASTE CONTINGENCY FUND, SO AS TO INCREASE THE FEE
IMPOSED ON HAZARDOUS WASTES GENERATED IN AND OUT OF THIS STATE.
Be it enacted by the General Assembly of the State of South Carolina:
Information requirements
SECTION 1. Chapter 56 of Title 44 of the 1976 Code is amended by adding:
"Article 2
Information Requirements
Section 44-56-220. (A) Upon written request of the department, the entity
providing financial assurance for a hazardous waste treatment or disposal
facility or site regulated under this chapter shall furnish to the department
information concerning its financial integrity, as shall be specified in the
department's request to permit the department to review the nature, degree and
sufficiency of the financial assurances submitted by such entity. Information
pertaining to the financial integrity of any parent, subsidiary, or affiliated
corporations may also be required, in the event such parent, subsidiary, or
affiliated corporation provides, in whole or in part, the financial assurances
required by the department. The information required by this subsection may
include, but not be limited to, a certified audited financial statement, a
balance sheet and a profit and loss statement.
(B) If, in the judgment of the department, the information referred to in
subsection (A) is not furnished within a reasonable time, or if so furnished, is
not satisfactory to the department, the department shall give by written notice
to such entity the particulars in which such information is insufficient to
permit the department to review the nature, extent, and sufficiency of the
required financial assurance and such entity shall have a reasonable time in
which to comply with the requirements of such notice in the particulars therein
mentioned.
(C) If it is desired for any reason to verify the information furnished under
subsections (A) or (B), the department in person or by its agents, shall make
such examination of the records of and such inspections of the properties of the
entities referred to in subsection (A) as shall be necessary to procure the
information required. Upon sufficient notice, the department may require the
production of the desired writings and records and the attendance and testimony
under oath of the officers, accountants, or other agents of the parties having
knowledge thereof at such place as the department may designate. The expense of
the necessary examination or inspection for the procuring of the information must
be paid by the party so examined or inspected. The expenses may be collected by
suit or action, if necessary, except, that if the examination and inspection and
reports thereof disclose that a sufficient response had previously been made
pursuant to the requirements of the department in regard thereto the expense of
making the examination and inspection must be paid out of the funds of the
department."
Regulations
SECTION 2. Chapter 56 of Title 44 of the 1976 Code is amended by adding:
"Section 44-56-35. The department shall promulgate regulations
establishing standards for the location of hazardous waste treatment, storage,
and disposal facilities to more effectively ensure long term protection of human
health and the environment. These standards shall be based solely upon the
protection of human health and the environment.
The department shall have site suitability criteria promulgated and established
no later than June 1, 1990.
Upon promulgation of these standards, any new facility shall comply with these
standards prior to issuance of a Part B permit. For any existing facility, these
new standards shall be incorporated and become a condition of any Part B permit.
Failure to meet the site suitability standard regulations shall be deemed to be
a failure to meet the conditions of the permit."
Hazardous Waste Management Research Fund
SECTION 3. Chapter 56 of Title 44 of the 1976 Code is amended by adding:
"Article 9
Hazardous Waste Management Research Fund
Section 44-56-810. There is created within the State Treasury the Hazardous
Waste Management Research Fund, separate and distinct from the general fund of
the State, to ensure the availability of funds for the conduct of research
related to waste minimization and reduction, and for the development of more
effective and efficient methods of conducting governmental response actions at
uncontrolled hazardous waste sites. The fund must be expended only in accordance
with the provisions of this article. Of the fee collected pursuant to Section
44-56-170(C), the department shall remit, at least quarterly, five dollars a ton
for credit to the Hazardous Waste Management Research Fund. Of the fee collected
pursuant to Section 44-56-170(E), the department must remit, at least quarterly,
five dollars a ton for credit to the Hazardous Waste Management Research Fund.
Section 44-56-820. The South Carolina Universities Research and Education
Foundation is authorized to expend monies in the Hazardous Waste Management
Research Fund only as provided in this section. The foundation shall establish
within its International Institute for Waste Management a comprehensive research
program to improve current hazardous waste management practices with particular
emphasis on waste minimization and reduction and the development of more
effective and efficient methods of conducting governmental response actions at
abandoned or uncontrolled hazardous waste sites. The fund must be used for
research that will:
(1) have a direct and positive impact on waste minimization and reduction
in this State;
(2) recommend strategies to deal effectively with major existing hazardous
waste management problems in this State and to improve current hazardous waste
management practices;
(3) provide research and recommendations on cost-effective hazardous waste
management techniques and new or emerging technologies for use in the public and
private sectors including, but not limited to, the development of more efficient
and effective methods of cleaning up abandoned or uncontrolled hazardous waste
sites;
(4) provide hazardous waste management education, training, and public
information;
(5) assess the impact of existing and emerging hazardous waste management
practices on the public health and environment.
Section 44-56-830. The foundation shall submit an annual report to the
Hazardous Waste Management Select Oversight Committee created pursuant to Section
44-56-840 fully accounting for the expenditures of the fund and the results
realized from the research program.
Section 44-56-840. (A) There is created a Hazardous Waste Management Select
Oversight Committee to monitor funds generated from the fees imposed under the
provisions of Section 44-56-170(C) and (E) and designated for the fund under the
provisions of Section 44-56-810. The committee shall oversee the research
efforts and projects approved for funding by the foundation. The committee is
composed of:
(1) the Governor or his designee;
(2) the chairman of the House Agriculture and Natural Resources Committee,
or his designee;
(3) the chairman of the Senate Agriculture and Natural Resources Committee,
or his designee;
(4) the chairman of the House Labor, Commerce and Industry Committee, or his
designee;
(5) the chairman of the Senate Labor, Commerce and Industry Committee, or
his designee;
(6) the Commissioner of the Department of Health and Environmental Control,
or his designee;
(7) one member representing business and industry appointed by the Governor;
(8) one public member appointed by the Governor;
(9) one member representing environmental interests appointed by the
Governor;
(10) the Lieutenant Governor or his designee from the Hazardous Waste Task
Force.
(B) The chairman of the Select Oversight Committee must be elected from the
membership of the committee.
(C) The committee shall meet quarterly and shall submit annually a report to
the General Assembly on all funds monitored under the provisions of this section
before March fifteenth. Staff support must come from existing staff assigned by
the committee."
Fees
SECTION 4. Chapter 56 of Title 44 of the 1976 Code is amended by adding:
"Section 44-56-165. Of the fee imposed under Section 44-56-170(C), two
dollars a ton must be used to fund hazardous waste reduction and minimization
activities of the department. Of the fee imposed under Section 44-56-170(E), one
dollar a ton must be used to fund hazardous waste reduction and minimization
activities of the department. Funding for this activity is not limited to the
amount collected annually and may be supported by general appropriation of the
General Assembly. Aqueous wastes which are hazardous only because of ph are
exempt from this fee if they are generated and treated on site in a permitted
wastewater treatment plant. In addition to funding hazardous waste reduction and
minimization activities, the fees also must be used to enforce the bans set forth
in Section 44-56-130(4), (5), and (6)."
Preference to be given
SECTION 5. Chapter 56 of Title 44 of the 1976 Code is amended by adding:
"Section 44-56-205. All hazardous waste treatment and disposal
facilities in South Carolina shall give preference to hazardous waste generators
within the State of South Carolina for treatment and disposal of hazardous
materials at licensed facilities in the State."
Evidence of financial assurance
SECTION 6. Section 44-56-60(c) of the 1976 Code is amended by adding:
"3. Evidence of other financial assurance in such forms and amounts as
the department determines to be necessary to ensure the adequate availability of
funds for clean-up costs and restoration of environmental impairment arising from
the facility."
Hazardous Waste Contingency Fund
SECTION 7. Section 44-56-160 of the 1976 Code, as added by Part II, Section 29,
Act 170 of 1987, is amended to read:
"Section 44-56-160. (A) The Department of Health and Environmental
Control is directed to establish a Hazardous Waste Contingency Fund to ensure the
availability of funds for response actions necessary at permitted hazardous waste
landfills, and necessary from accidents in the transportation of hazardous
materials, and to defray the costs of governmental response actions at
uncontrolled hazardous waste sites. The contingency fund must be financed
through the imposition of fees provided in Sections 44-56-170 and 44-56-510 and
annual appropriations which must be provided by the General Assembly. An amount
equal to three dollars a ton for wastes reported under Section 44-56-170(A), four
dollars a ton for wastes reported under Section 44-56-170(E), one dollar a ton
for wastes reported under Section 44-56-510(1) and two dollars a ton for wastes
reported under Section 44-56-510(2) must be held separate and distinct within the
fund for the purpose of response actions arising from the operation of the
permitted land disposal facilities in this State. From the fund created for
permitted sites, an amount equal to one dollar a ton for hazardous waste must be
held separate and distinct within the fund for the purpose of being returned to
the governing body of a county in which a permitted commercial land disposal
facility is located. Of the fee imposed under Section 44-56-170(e), one dollar
a ton must be returned to the governing body of a county in which a permitted
commercial land disposal facility is located. The funds returned to a county
must be used by the local law enforcement, fire, health care, and emergency units
to provide protection, assistance, and emergency preparedness for any contingency
which might arise from the transportation and disposal site within the county.
The county governing body shall distribute the funds in an equitable manner to
the involved local units including, but not limited to, municipalities and
special purpose districts, as well as county entities. The State Treasurer shall
disperse the funds quarterly to counties which contain commercial hazardous waste
land disposal sites. Any interest accruing from the management of the funds
held pursuant to this section must be credited to the contingency fund.
(B) There is created a Pinewood Hazardous Waste Contingency Fund to ensure the
availability of funds for response actions necessary at the hazardous waste
landfill located adjacent to the Town of Pinewood. This contingency fund is
financed from the fee provided in Section 44-56-170(C) and (E). Of the fifteen
and eighteen dollars a ton, respectively, collected under those subsections which
is used to defray the cost of governmental response actions at uncontrolled
hazardous waste sites, fifty cents a ton must be set aside and used exclusively
for the Pinewood Hazardous Waste Contingency Fund. The monies from this fund
must be returned to the governing body of the Town of Pinewood which must be used
by its law enforcement, fire, health care, and emergency units to provide
protection, assistance, and emergency preparedness for any contingency which
might arise from the transportation and disposal site within the municipality.
The State Treasurer shall disperse the funds quarterly to the governing body of
the Town of Pinewood. Any interest accruing from the management of the funds
held pursuant to this section must be credited to this contingency fund."
Fee
SECTION 8. Subsections (C) and (E) of Section 44-56-170 of the 1976 Code are
amended to read:
"(C) There is imposed a fee of twenty-five dollars a ton of hazardous
wastes generated and disposed of in this State by landfilling or other means of
land disposal."
"(E) For all hazardous wastes generated outside of the State and received
at a facility during the quarter each owner/operator of a hazardous waste land
disposal facility shall remit to the department an amount equal to the per ton
fee imposed on out-of-state waste by the state from which the hazardous waste
originated but in any event no less than thirty dollars a ton."
SECTION 9. Section 44-56-130 of the 1976 Code is amended by adding:
"(4) It is unlawful for any person who owns or operates a waste treatment
facility within this State to accept any hazardous waste generated in any
jurisdiction which prohibits by law the treatment of that hazardous waste within
that jurisdiction or which has not entered into an interstate or regional
agreement for the safe treatment of hazardous waste pursuant to the federal
Comprehensive Environmental Response, Compensation and Liability Act. Written
documentation demonstrating compliance with this item must be submitted to the
department before the transportation of any hazardous waste into the State for
treatment.
(5) It is unlawful for any person who owns or operates a waste storage
facility within this State to accept any hazardous waste generated in any
jurisdiction which prohibits by law the storage of that hazardous waste within
that jurisdiction or which has not entered into an interstate or regional
agreement for the safe storage of hazardous waste pursuant to the federal
Comprehensive Environmental Response, Compensation and Liability Act. Written
documentation demonstrating compliance with this item must be submitted to the
department before the transportation of any hazardous waste into the State for
storage.
(6) It is unlawful for any person who owns or operates a waste disposal
facility within this State to accept any hazardous waste generated in any
jurisdiction which prohibits by law the disposal of that hazardous waste within
that jurisdiction or which has not entered into an interstate or regional
agreement for the safe disposal of hazardous waste pursuant to the federal
Comprehensive Environmental Response, Compensation and Liability Act. Written
documentation demonstrating compliance with this item must be submitted to the
department before the transportation of any hazardous waste into the State for
disposal."
Time effective
SECTION 10. This act takes effect upon approval of the Governor. |