H 3483 Session 110 (1993-1994)
H 3483 General Bill, By Sharpe, Alexander, Allison, Bailey, H. Brown, Carnell,
Cato, C.D. Chamblee, Davenport, L.L. Elliott, R.C. Fulmer, Gamble,
S.E. Gonzales, J.L. Harris, Harrison, M.F. Jaskwhich, Keegan, Kennedy, Koon,
Lanford, Law, Littlejohn, J.G. McAbee, Meacham, Quinn, Richardson, Riser,
Robinson, J.S. Shissias, Simrill, R. Smith, C.H. Stone, Stuart, Townsend,
Vaughn, C.Y. Waites, Walker, C.C. Wells, Wilder, J.B. Wilder, Wilkins,
Witherspoon, S.S. Wofford, D.A. Wright, Young-Brickell and R.M. Young
Similar(S 418)
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 2
to Title 48 so as to enact the "Environmental Protection Fund Act" so as to
provide funding by fees for the environmental programs of the South Carolina
Department of Health and Environmental Control.
02/11/93 House Introduced and read first time HJ-9
02/11/93 House Referred to Committee on Ways and Means HJ-9
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING CHAPTER 2 TO TITLE 48 SO AS TO ENACT THE
"ENVIRONMENTAL PROTECTION FUND ACT" SO AS
TO PROVIDE FUNDING BY FEES FOR THE ENVIRONMENTAL
PROGRAMS OF THE SOUTH CAROLINA DEPARTMENT OF
HEALTH AND ENVIRONMENTAL CONTROL.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "Environmental
Protection Fund Act".
SECTION 2. Title 48 of the 1976 Code is amended by adding:
"CHAPTER 2
Environmental Protection Fund
Section 48-2-10. This chapter may be cited as `Environmental
Protection Fund Act'.
Section 48-2-20. As used in this chapter:
(1) `South Carolina Environmental Protection Fund' or `fund' means
a special account established within the treasurer's office in which is
deposited all fees as authorized by this chapter to be collected for the
department's environmental programs.
(2) `Department' means the South Carolina Department of Health
and Environmental Control.
Section 48-2-30. (A) There is established within the treasurer's
office an agency restricted, interest-bearing account to be known as the
South Carolina Environmental Protection Fund.
(B) Notwithstanding any provisions of law to the contrary, there
must be deposited in the fund all fees as authorized by this chapter to be
collected for the department's environmental programs, including, but
not limited to, fees for environmental permits, licenses, and certificates
and registrations required by the department pursuant to the:
(1) Pollution Control Act;
(2) Clean Air Act;
(3) Safe Drinking Water Act;
(4) Hazardous Waste Management Act;
(5) Atomic Energy Act; and
(6) Oil and Gas Act.
(C) The department shall maintain separate accounting for the
monies collected and expended under each of the acts enumerated in
subsection (B).
(D) Unencumbered monies and any unexpended balance of the fund
remaining at the end of a fiscal year do not revert to the general fund but
must be carried forward and maintained in separate accounts until
expended in accordance with this chapter.
(E) Interest accruing on investments and deposits of the fund must
be returned to the fund and remain a part of the fund, allocated
proportionately to each separate account.
(F) Monies in the fund must be invested by the State Treasurer for
the benefit of the fund. The fund must be administered by the
appropriate program area within the department.
(G) Monies in the fund may be expended only in accordance with
annual appropriations approved by the General Assembly, except as
otherwise authorized under Section 48-2-60.
Section 48-2-40. The fund is available to the department to help
defray the costs of administering the regulatory programs under each act
enumerated in Section 48-2-30(B). The monies must be used for
improved performance in permitting, certification, licensing, monitoring,
investigating, enforcing, and administering the department's functions
under these acts. Monies collected pursuant to the Federal Clean Air
Act may be used as necessary to administer the Small Business
Stationary Source Technical and Environmental Compliance Assistance
Program, support staff, equipment, legal services, contracts with
consultants, and program expenses as listed in Title V of the 1990
amendments to the Federal Clean Air Act.
Section 48-2-50. (A) In order to facilitate the proper administration
of each act listed in Section 48-2-30(B), the department shall charge fees
for the various services and functions it performs under each of those
acts including, but not limited to, application fees, processing fees,
permit maintenance fees, certification fees, license fees, registration fees,
plan review fees, facility inspection fees, and emission fees.
(B) All fees in existence before the effective date of this chapter
which implement the acts identified in Section 48-2-30(B) must be
continued and must be calculated and maintained with any additional
fees authorized by this chapter; however, the existing fees may be used
in any manner consistent with the department's authority, the provisions
of this chapter notwithstanding.
(C) No permit, certificate, license, or registration and no renewal or
modification of a permit, certificate, license, or registration may be
issued to an applicant under the acts enumerated in Section 48-2-30(B)
until all fees are paid in full. The department shall develop a schedule
by regulation for the collection of delinquent accounts and the amounts
to be applied to delinquent accounts.
(D) The department shall develop regulations which set annual levels
of fees as authorized by this chapter. The level of these fees must be
determined after careful consideration of the direct and indirect costs
incurred by the department in performing its various functions and
services under each of the acts enumerated in Section 48-2-30(B). Any
subsequent increase in the level of these fees must be justified by an
assessment report compiled in accordance with Section 1-23-115. All
fees and procedures for collecting fees must be adopted pursuant to
procedures as are set forth in the Administrative Procedures Act. In
promulgating these regulations, the department shall consider detailed
information regarding other costs to be funded by the proposed fee
schedule or fee increases and the current and proposed average response
time to permit applications under that program.
(E) In the third, and all subsequent years, the fee schedule
promulgated by the department may not, when added to its individual
program fund balance from prior years, exceed one hundred fifty percent
of the fees collected in the previous year.
(F) The total fees assessed under this chapter and listed in subsection
(H) to be paid by a single permitted facility under any one act
enumerated in Section 48-2-30(B) may not exceed five percent of the
total of all fees assessed under that act, except for those fees collected
pursuant to the Clean Air Act and the Atomic Energy Act.
(G) On January 1, 1994, and January first of every even-numbered
year after 1994, the department shall evaluate the implementation of the
permit fee program and provide this evaluation in writing to the Senate
Finance Committee and the House Ways and Means Committee. This
evaluation shall include a report on the total fees collected, the amount
of general funds allocated to the department, the department's use of the
fees and the general funds, the number of permit applications received,
the number of permits issued, the progress in eliminating permit
backlogs, and the timeliness of permit processing.
(H) For the following categories, the fees shall not exceed the
maximum amounts listed below. The department is encouraged to use
graduated fees to reflect the volume of waste, population served, or other
factors determined necessary to fairly apportion the fees:
(1) Water Pollution Control:
(a) Annual fees for NPDES Permits and State Construction
Permits for Land Application Systems:
Type of Facility:
(i) Major Facility $ 5,400
(Flow greater than 2,000,000 gal/day)
(ii) Major Facility $ 4,050
(Flow 1,000,000 - 1,999,999 gal/day)
(iii) Minor Facility $ 3,375
(Flow 500,000 - 999,999 gal/day)
(iv) Minor Facility $ 2,700
(Flow 100,000 - 499,999 gal/day)
(v) Minor Facility $ 2,025
(Flow 50,000 - 99,999 gal/day)
(vi) Minor Facility $ 1,350
(Flow 0 - 49,999 gal/day)
(vii) Multiple Discharged Permits$ 4,050
(More than 5 Discharge points)
per discharged over 5 $ 1,520
(viii) General Permits $ 170
(b) Water Quality Certification Application Fees:
(i) Certification of major activities
requiring federal or state permits$ 1,688
(ii) Certification of Minor activities
requiring federal or state permits$ 255
(c) Construction Permit Fees:
(i) Pretreatment Systems:
1. Oil/Water separators or Air
Stripper systems only $ 1,013
2. All other Pretreatment systems$ 3,038
(ii) Collection Systems:
1. 1000 ft. or less $ 338
2. 1,001 to 10,000 ft.
3. 10,000 ft. or more $ 1,688
4. Delegated Program $ 170
(iii) Wastewater Treatment Facilities
1. Major Facilities
(1,000,000 gal/day or greater)
a. new $ 5,400
b. Expansion $ 4,050
c. Modification w/o expansion$ 2,700
2. Minor Facilities
(0 to 999,999 gal/day)
a. New $ 3,375
b. Expansion $ 2,700
c. Modification w/o expansion$ 2,025
(2) Water Supply Operating Permit
(a) Major Facility
(Serving more than 10,000 people)$ 4,050
(b) Major Facility
(Serving 5,000 - 10,000 people)$ 3,038
(c) Minor Facility
(Serving 1,000 - 4,900 people)$ 761
(d) Minor Facility
(Serving less than 1,000 people)$ 255
(3) Air Quality Control
(a) Permit fees for air quality operating permits must be
based on an annual fee of $25.00 per ton of each
regulated pollutant based on actual emissions, up to a
maximum of 4,000 tons a year a regulated pollutant.
`Actual Emissions' means the actual rate of emissions in
tons per year of any regulated pollutant which was
emitted over the preceding calendar year or any other
period determined by the department to be representative
of normal source operation. Actual emissions must be
calculated using the unit's actual operating hours,
production rates, and in-place control equipment, types
of materials processed, stored, or combusted during the
preceding calendar year or such other time period
established by the department.
(b) New sources or any source without sufficient data to be
able to determine actual emissions must be assessed the
above $25.00 a ton fee with appropriate CPI adjustment
calculated on a prorata basis for their months of
operation. The fee must be based on permitted
emissions, until such time as `Actual Emissions' can be
calculated, and must be paid before the operating permit
is issued.
(c) Pursuant to the 1990 Federal Clean Air Act, fees for air
emissions or for air emission permits may be adjusted to
reflect any increase in the Consumer Price Index (CPI)
for the year before the billing month over the 1989 CPI.
The CPI for any calendar year is the average of CPI for
all urban consumers published by the Department of
Labor, as of the close of the twelve-month period ending
on August thirty-first of each calendar year.
(4) Laboratory Certification Services
(a) Application fee $ 507
(b) Minimum Annual Fee
(per laboratory) $ 507
(c) Clean Water Act Inorganics
(per parameter) $ 102
(d) Safe Drinking Water Act Inorganics
(per parameter) $ 102
(e) SDWA `Secondary' Inorganics
(per parameter) $ 102
(f) CWA Organics
(i) PCBs and Pesticides (per Sub-Group)$ 1,268
(ii) Herbicides (per Sub-Group)$ 1,268
(iii) Volatiles (per Sub-Group)$ 1,268
(iv) Semi-Volatiles (per Sub-Group)$ 1,268
(v) Dioxins and Furans (per Sub-Group)$ 1,268
(g) SDWA Organics
(i) Trihalomethanes $ 1,268
(ii) Synthetic Organic Compounds$ 2,532
(iii) Volatiles $ 2,532
(h) Microbiology
(i) Total Coliform $ 255
(ii) Fecal Coliform $ 255
(iii) Fecal Streptococci $ 255
(i) Biology
(i) Toxicity Testing $ 2,532
(ii) Taxonomy $ 2,268
(j) Solid and Hazardous Wastes
(SW 846 Methods) $ 2,532
(k) Air Quality Analysis $ 2,532
(5) Radioactive Material Licenses
(a) Low Level Radioactive Waste Disposal$275,000
(b) Radioactive Material Manufact/processing$ 27,000
(c) Decontamination Facil. $ 3,000
(d) Industrial Radiography under Reciprocity$ 500
(e) Low Level Waste Consolidation$ 25,000
(f) Low Level Waste Processing$ 50,000
(6) Radioactive Waste Transportation Permits$ 10,000
(7) Hazardous Waste Units $ 3,038
Section 48-2-60. A person required to pay the fees set forth in this
chapter who disagrees with the calculation or applicability of the fee
may petition the department for a hearing by submitting a petition
setting forth the fee which is challenged, the grounds on which relief is
sought, and the total amount of the fee due. The petition and the fee
must be received by the department no later than thirty days after the due
date. The hearing must be conducted in accordance with contested case
provisions set forth in the Administrative Procedures Act and
department regulations. If it is finally determined that the amount in
dispute was improperly assessed, the department shall return the amount
determined to be improperly assessed with interest not to exceed the
statutory rate.
Section 48-2-70. Under each program for which a permit processing
fee is established pursuant to this chapter, the promulgating authority
also shall establish by regulation a schedule or timely action by the
Department of Health and Environmental Control on permit applications
under that program. These schedules shall contain criteria for
determining in a timely manner when an application is complete and the
maximum length of time necessary and appropriate for a thorough and
prompt review of each category of permit applications and shall take
into account the nature and complexity of permit application review
required by the act under which the permit is sought. If the department
fails to grant or deny the permit within the time frame established by
regulation, the department shall refund the permit processing fee to the
permit applicant.
Section 48-2-80. Fees collected pursuant to Section 48-2-50 do not
supplant or reduce in any way the general fund appropriation to the
department from the state or federal program; and the total amount of
fees authorized by this chapter collected in any fiscal year, may not
exceed thirty-three and one-third percent of the `Total Funds'
appropriated to the Office of Environmental Quality Control in the
Annual Appropriations Act.
Section 48-2-90. If the requirements of this chapter are not in
agreement with applicable federal requirements pertaining to the
establishment and collection of fees as authorized by this chapter, the
federal requirements take precedence. The department has the authority
to establish, by regulation, applicable federal requirements. A
permissible maximum fee or cap on a fee authorized by federal law or
regulation, or both, must be used by the department."
SECTION 3. This act takes effect upon approval by the Governor.
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