H 3604 General Bill, By Sharpe
 A BILL TO AMEND SECTION 44-96-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO SOLID WASTE MANAGEMENT AND PERMITTING, SO AS TO PROVIDE FOR
 DETERMINING THE CONSISTENCY OF THE PROPOSED FACILITY OR EXPANSION WITH THE
 COUNTY OR REGIONAL SOLID WASTE MANAGEMENT PLAN, THE STATE SOLID WASTE
 MANAGEMENT PLAN, AND SECTION 44-96-20 (B) AFTER WRITTEN CONSULTATION WITH THE
 COUNTY OR REGION.

   03/06/97  House  Introduced and read first time HJ-4
   03/06/97  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-4

TO AMEND SECTION 44-96-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOLID WASTE MANAGEMENT AND PERMITTING, SO AS TO PROVIDE FOR DETERMINING THE CONSISTENCY OF THE PROPOSED FACILITY OR EXPANSION WITH THE COUNTY OR REGIONAL SOLID WASTE MANAGEMENT PLAN, THE STATE SOLID WASTE MANAGEMENT PLAN, AND SECTION 44-96-20(B) AFTER WRITTEN CONSULTATION WITH THE COUNTY OR REGION.

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

SECTION 1. Section 44-96-290(G) of the 1976 Code, as added by Act 63 of 1991, is amended to read:

"(G) No permit to construct a new solid waste management facility or to expand an existing solid waste management facility within a county or municipality may be issued by the department unless the proposed facility or expansion is consistent with local zoning, land use, and other applicable local ordinances, if any; that, eighteen months after the date of enactment of this chapter, the proposed facility or expansion is consistent with the local or regional solid waste management plan and the state solid waste management plan; and that, one year after the end of the one hundred eighty-day review period, the host jurisdiction and the jurisdiction generating solid waste destined for the proposed facility or expansion can demonstrate that they are actively involved in and have a strategy for meeting the statewide goal of waste reduction established in this chapter. This subsection shall not apply to industrial facilities managing solid waste generated in the course of normal operations on property under the same ownership or control as the waste management facility. However, the facilities shall be consistent with the applicable local zoning and land use ordinances, if any; and provided, further, that the industrial facility is not a commercial solid waste management facility. The department must determine the consistency of the proposed facility or expansion with the county or regional solid waste management plan, the state solid waste management plan, and Section 44-96-20(B) after written consultation with the county or region. The department must determine consistency within one hundred twenty days from the date of the facility requesting a consistency determination. Counties or regions must be requested to comment on the proposed facility or expansion by the department and should respond in writing to the department's request within ninety days from the date of the request to be considered by the department. If a county or region does not respond in writing to a request for comment within ninety days from the date of the request, the department shall have met the consultation requirements with the county or region. If the department determines that a proposed facility or expansion is inconsistent with the county or regional solid waste management plan or the state solid waste management plan, the department must document the reasons for denial, in writing, to the permit applicant. No application or siting study submitted to the department is administratively complete unless the proposed facility or expansion is consistent with the county or regional solid waste management plan and the state solid waste management plan and the application or siting study includes all required elements as specified in applicable regulations."

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