H*3607 Session 112 (1997-1998)
H*3607(Rat #0231, Act #0131 of 1997) General Bill, By Sharpe
A BILL TO AMEND SECTION 44-96-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT OF
1991 AND THE STATE SOLID ADVISORY COUNCIL, SO AS TO, AMONG OTHER THINGS,
PROVIDE THAT COUNTY, REGIONAL AND MUNICIPAL REPRESENTATIVES WHO ARE ELECTED
OFFICIALS SHALL SERVE EX-OFFICIO ON THE COUNCIL, PROVIDE FOR VARIOUS TERMS OF
OFFICE, AND DELETE THE PROVISION REGARDING EXPIRATION OF THE EXISTENCE OF THE
COUNCIL; TO AMEND SECTION 44-96-100, RELATING TO ADDITIONAL POWERS AND DUTIES
OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UNDER THE SOLID WASTE
POLICY AND MANAGEMENT ACT, SO AS TO ADD PROVISIONS WHICH PROVIDE, AMONG OTHER
THINGS, THAT THE DEPARTMENT MAY ISSUE AN ORDER REQUIRING COMPLIANCE WITH A
REGULATION OR BRING A CIVIL ACTION FOR INJUNCTIVE RELIEF OR REQUEST THE
ATTORNEY GENERAL TO BRING CIVIL OR CRIMINAL ENFORCEMENT ACTION UNDER CERTAIN
CIRCUMSTANCES, THAT THE DEPARTMENT MAY IMPOSE CERTAIN CIVIL PENALTIES, AND
THAT WILFUL VIOLATION OF CERTAIN REGULATIONS IS A MISDEMEANOR; TO AMEND
SECTIONS 44-96-400, 44-96-410, AND 44-96-420, RELATING TO THE SOLID WASTE
POLICY AND MANAGEMENT ACT AND PROVISIONS GOVERNING WASTE MANAGEMENT, SO AS TO
DELETE REFERENCE TO "ARTICLE" AND SUBSTITUTE "CHAPTER" THEREFOR; AND TO AMEND
SECTION 44-96-190, AS AMENDED, RELATING TO THE SOLID WASTE POLICY AND
MANAGEMENT ACT AND PROVISIONS REGULATING YARD TRASH AND COMPOST, SO AS TO
SPECIFY WHERE YARD TRASH AND COMPOST CANNOT KNOWINGLY BE ACCEPTED BY AN OWNER
OR OPERATOR OF A MUNICIPAL SOLID WASTE LANDFILL.-AMENDED TITLE
03/06/97 House Introduced and read first time HJ-6
03/06/97 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-6
04/16/97 House Committee report: Favorable with amendment
Agriculture, Natural Resources and Environmental
Affairs HJ-6
04/22/97 House Amended HJ-23
04/22/97 House Read second time HJ-24
04/23/97 House Read third time and sent to Senate HJ-15
04/24/97 Senate Introduced and read first time SJ-9
04/24/97 Senate Referred to Committee on Medical Affairs SJ-9
05/20/97 Senate Committee report: Favorable with amendment
Medical Affairs SJ-18
05/21/97 Senate Amended SJ-41
05/21/97 Senate Read second time SJ-41
05/21/97 Senate Ordered to third reading with notice of
amendments SJ-41
06/03/97 Senate Read third time and returned to House with
amendments SJ-85
06/03/97 House Concurred in Senate amendment and enrolled HJ-159
06/09/97 Ratified R 231
06/13/97 Signed By Governor
06/13/97 Effective date 06/13/97
06/26/97 Copies available
06/26/97 Act No. 131
(A131, R231, H3607)
AN ACT TO AMEND SECTION 44-96-60, AS AMENDED, CODE
OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT
ACT OF 1991 AND THE STATE SOLID WASTE ADVISORY
COUNCIL, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT
COUNTY, REGIONAL, AND MUNICIPAL REPRESENTATIVES
WHO ARE ELECTED OFFICIALS SHALL SERVE EX-OFFICIO ON
THE COUNCIL, PROVIDE FOR VARIOUS TERMS OF OFFICE, AND
DELETE THE PROVISION REGARDING EXPIRATION OF THE
EXISTENCE OF THE COUNCIL; TO AMEND SECTION 44-96-100,
RELATING TO ADDITIONAL POWERS AND DUTIES OF THE
DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
UNDER THE SOLID WASTE POLICY AND MANAGEMENT ACT,
SO AS TO ADD PROVISIONS WHICH PROVIDE, AMONG OTHER
THINGS, THAT THE DEPARTMENT MAY ISSUE AN ORDER
REQUIRING COMPLIANCE WITH A REGULATION OR BRING A
CIVIL ACTION FOR INJUNCTIVE RELIEF OR REQUEST THE
ATTORNEY GENERAL TO BRING CIVIL OR CRIMINAL
ENFORCEMENT ACTION UNDER CERTAIN CIRCUMSTANCES,
THAT THE DEPARTMENT MAY IMPOSE CERTAIN CIVIL
PENALTIES, AND THAT WILFUL VIOLATION OF CERTAIN
REGULATIONS IS A MISDEMEANOR; TO AMEND SECTIONS
44-96-400, 44-96-410, AND 44-96-420, RELATING TO THE SOLID
WASTE POLICY AND MANAGEMENT ACT AND PROVISIONS
GOVERNING WASTE MANAGEMENT, SO AS TO DELETE
REFERENCE TO "ARTICLE" AND SUBSTITUTE
"CHAPTER" THEREFOR; AND TO AMEND SECTION
44-96-190, AS AMENDED, RELATING TO THE SOLID WASTE
POLICY AND MANAGEMENT ACT AND PROVISIONS
REGULATING YARD TRASH AND COMPOST, SO AS TO SPECIFY
WHERE YARD TRASH AND COMPOST CANNOT KNOWINGLY
BE ACCEPTED BY AN OWNER OR OPERATOR OF A MUNICIPAL
SOLID WASTE LANDFILL.
Be it enacted by the General Assembly of the State of South Carolina:
Elected officials added to Advisory Council; etc.
SECTION 1. Section 44-96-60(C) of the 1976 Code, as last amended
by Act 361 of 1994, is further amended to read:
"(C) Not later than six months after this chapter is effective,
there shall be established a State Solid Waste Advisory Council. The
council shall consist of the following sixteen members:
(1) twelve members appointed by the Governor which shall include
one member to represent manufacturing interests; one member to
represent the retail industry; two members to represent the solid waste
disposal industry; one member to represent existing private recycling
industry; two members to represent the general public; three members to
represent county governments to be recommended by the South Carolina
Association of Counties, one shall represent a county with a population
of 50,000 or less, one shall represent a county with a population more
than 50,000 and up to 100,000, and the final county representative shall
represent a county with a population over 100,000; and two members
shall represent municipalities to be recommended by the South Carolina
Municipal Association. County, regional, and municipal representatives
who are elected officials shall serve ex officio;
(2) the consumer advocate or his designee;
(3) one member to represent the Department of Health and
Environmental Control;
(4) the Secretary of Commerce or his designee; and
(5) one member to represent the Governor.
The members of the council in (1) above appointed after May 27, 1997,
shall serve terms of four years dating from May 27, 1997, except that the
member representing manufacturing interests, one member representing
the solid waste disposal industry, the member representing existing
private recycling industry, one member representing the general public,
the member representing a county with a population of over one hundred
thousand, and one municipal member must be appointed for a term of two
years dating from May 27, 1997, and subsequent appointment of these
members must be for a term of four years. No member appointed after
May 27, 1997, may serve more than two terms. Members named in (2),
(3), (4), and (5) above shall serve co-terminus with their office or at the
pleasure of the respective appointing authority. No member appointed
before May 27, 1997, shall serve past May 27, 2001. Members shall
promulgate regulations concerning meeting attendance. The council shall
advise the department on the preparation of the state solid waste
management plan, on methods of implementing the state plan on the
preparation of the annual reports by the department on solid waste
management and provide technical expertise regarding solid waste
management grants and planning. The council shall be provided with
drafts of the plan and reports and shall be given adequate opportunity to
comment. The council also shall be advised on a regular basis by the
department regarding the grant applications which have been accepted or
denied under the Solid Waste Management Grant Program and on the
status of the Solid Waste Management Trust Fund."
Departmental order; civil action; penalties; misdemeanor; etc.
SECTION 2. Section 44-96-100 of the 1976 Code, as added by Act 63
of 1991, is amended to read:
"Section 44-96-100. (A) Whenever the department determines
that a person is in violation of a regulation promulgated pursuant to this
article regarding Sections 44-96-160(X) (Used Oil), 44-96-170(H) (Waste
Tires), or 44-96-190(A) (Yard trash, compost), the department may issue
an order requiring the person to comply with the regulation or the
department may bring civil action for injunctive relief in the appropriate
court or the department may request that the Attorney General bring civil
or criminal enforcement action under this section. The department also
may impose reasonable civil penalties not to exceed ten thousand dollars,
for each day of violation, for violations of the regulations promulgated
pursuant to this article regarding Sections 44-96-160(X), 44-96-170(H),
or 44-96-190(A). After exhaustion of administrative remedies, a person
against whom a civil penalty is invoked by the department may appeal the
decision of the department or board of the court of common pleas,
pursuant to the Administrative Procedures Act.
(B) A person who wilfully violates a regulation promulgated pursuant
to this article regarding Sections 44-96-160(X), 44-96-170(H), or
44-96-190(A) is guilty of a misdemeanor and, upon conviction, must be
fined not more than ten thousand dollars for each day of violation or
imprisoned for not more than one year, or both. If the conviction is for a
second or subsequent offense, the punishment must be a fine not to exceed
twenty-five thousand dollars for each day of violation or imprisonment
not to exceed two years, or both. The provisions of the subsection do not
apply to officials and employees of a local government owning or
operating, or both, a municipal solid waste management facility or to
officials and employees of a region, comprised of local governments,
owning or operating, or both, a regional municipal solid waste
management facility.
(C) Each day of noncompliance with an order issued pursuant to this
section or noncompliance with a permit, regulation, standard, order, or
requirement established under Sections 44-96-160, 44-96-170, or
44-96-190 constitutes a separate offense.
(D) In addition to the other powers and duties set forth in this article,
the department shall:
(1) establish such programs and promulgate such regulations as are
necessary to implement the state solid waste management plan;
(2) establish such programs and promulgate such regulations as are
necessary to implement the provisions of this article;
(3) provide to local governments, upon request, planning and
technical assistance in preparing and implementing their solid waste
management plans;
(4) provide to state agencies, upon request, planning and technical
assistance in carrying out their responsibilities under this article;
(5) cooperate and coordinate with federal agencies in carrying out
federal and state solid waste management requirements, including seeking
available federal grants and loans for solid waste management plans and
activities in this State;
(6) cooperate and coordinate with private organizations and with
business and industry in implementing the requirements of this article;
(7) encourage counties to pursue a regional approach to solid waste
management within a common geographical area;
(8) contract as needed with private entities or with state-supported
educational institutions to carry out the department's responsibilities under
this article, and contract with private entities or with state-owned
educational institutions to conduct research on solid waste management
technologies;
(9) receive appropriated funds and receive and administer grants or
other funds or gifts from public or private entities, including the state and
the federal government, to carry out the requirements of this article; and
(10) increase public awareness of solid waste management issues
through appropriate statewide educational programs on recycling, volume
reduction, litter control, proper methods of managing solid waste, and
other related issues."
"Chapter" referenced
SECTION 3. Section 44-96-400 of the 1976 Code, as added by Act 63
of 1991, is amended to read:
"Section 44-96-400. (A) To assist in carrying out its
responsibilities under this chapter, the department may require:
(1) the establishment and maintenance of records;
(2) the making of reports;
(3) the taking of samples and the performing of tests or analyses;
(4) the installation, calibration, use, and maintenance of monitoring
equipment; or
(5) the providing of such other information as may be reasonably
necessary to achieve the purposes of this chapter.
(B) Information obtained by the department pursuant to this chapter
shall be available to the public unless the department determines such
information to be proprietary. The department may make such
determinations where the person submitting the information demonstrates
to the satisfaction of the department that the information, or parts thereof,
if made public, would divulge methods, production rates, processes, or
other confidential information entitled to protection."
"Chapter" referenced
SECTION 4. Section 44-96-410 of the 1976 Code, as added by Act 63
of 1991, is amended to read:
"Section 44-96-410. For the purpose of enforcing this chapter or
any regulations promulgated pursuant to this chapter, an authorized
representative or employee of the department may, upon presentation of
appropriate credentials, at a reasonable time:
(1) enter any facility where solid wastes are managed;
(2) inspect and copy any records, reports, information, or test results
necessary to carry out the department's responsibilities under this chapter;
or
(3) inspect and obtain samples of any solid wastes from the owner,
operator, or agent in charge of the facility, including samples from any
vehicles in which solid wastes are being transported, as well as samples
of any containers or labels. The department shall provide a sample of
equal volume or weight to the owner, operator, or agent in charge upon
request. The department also shall provide such person with a copy of the
results of any analyses of such samples."
"Chapter" referenced
SECTION 5. Section 44-96-420 of the 1976 Code, as added by Act 63
of 1991, is amended to read:
"Section 44-96-420. The department may issue, modify, or
revoke any order to prevent a violation of this chapter."
Place where loads cannot be accepted
SECTION 6. Section 44-96-190(D) of the 1976 Code, as added by Act
63 of 1991 and amended by Act 450 of 1992, is further amended to read:
"(D) Twenty-four months after this chapter is effective, no
owner or operator of a municipal solid waste landfill shall knowingly
accept at the gate loads composed primarily of yard trash or land-clearing
debris unless the landfill provides and maintains a separate waste
composting facility and composts all yard trash or land-clearing debris
before disposal in the landfill or contracts for the composting of such
waste at the facility."
Time effective
SECTION 7. This act takes effect upon approval by the Governor.
Approved the 13th day of June, 1997. |