S 1374 Session 109 (1991-1992)
S 1374 Joint Resolution, By M.T. Rose, Bryan, Courson, Hayes, R.L. Helmly,
C.T. Hinson, Holland, Land, Leventis, I.E. Lourie, McConnell, McGill,
T.W. Mitchell, M.F. Mullinax, Passailaigue, T.H. Pope, Reese, Russell,
R.C. Shealy, N.W. Smith and Washington
A Joint Resolution to require as a condition of further operation of the
Barnwell Low-Level Radioactive Waste Disposal Site that North Carolina and the
other Southeast Compact members must provide indemnification to the State of
South Carolina for any risk or liability attributable to receipt or disposal
of low-level radioactive waste at the Barnwell Site after December 31, 1992;
and must agree to provide indemnification for any costs or liability incurred
by the State of South Carolina as a result of assuming title to waste
generated within the State beginning in 1996 pursuant to 42 U.S.C.,
2021e(d)(2)(c) (Supp. III 1985); and to further provide that North Carolina
and the other Southeast Compact members must agree to hold harmless the State
of South Carolina and to agree to any assessment of costs and damages of the
aforementioned risks and liabilities as may be determined by a court of
competent jurisdiction.
03/05/92 Senate Introduced and read first time SJ-12
03/05/92 Senate Referred to Committee on Labor, Commerce and
Industry SJ-12
A JOINT RESOLUTION
TO REQUIRE AS A CONDITION OF FURTHER
OPERATION OF THE BARNWELL LOW-LEVEL
RADIOACTIVE WASTE DISPOSAL SITE THAT NORTH
CAROLINA AND THE OTHER SOUTHEAST COMPACT
MEMBERS MUST PROVIDE INDEMNIFICATION TO THE
STATE OF SOUTH CAROLINA FOR ANY RISK OR
LIABILITY ATTRIBUTABLE TO RECEIPT OR DISPOSAL
OF LOW-LEVEL RADIOACTIVE WASTE AT THE
BARNWELL SITE AFTER DECEMBER 31, 1992; AND
MUST AGREE TO PROVIDE INDEMNIFICATION FOR
ANY COSTS OR LIABILITY INCURRED BY THE STATE
OF SOUTH CAROLINA AS A RESULT OF ASSUMING
TITLE TO WASTE GENERATED WITHIN THE STATE
BEGINNING IN 1996 PURSUANT TO 42 U.S.C.,
Section2021e(d)(2)(c) (SUPP. III 1985); AND TO FURTHER
PROVIDE THAT NORTH CAROLINA AND THE OTHER
SOUTHEAST COMPACT MEMBERS MUST AGREE TO
HOLD HARMLESS THE STATE OF SOUTH CAROLINA
AND TO AGREE TO ANY ASSESSMENT OF COSTS AND
DAMAGES OF THE AFOREMENTIONED RISKS AND
LIABILITIES AS MAY BE DETERMINED BY A COURT
OF COMPETENT JURISDICTION.
Whereas, the Barnwell low-level radioactive waste site has
been disposing of South Carolina's, as well as the nation's, low-level radioactive waste since 1971; and
Whereas, Congress, through the urging of the states, enacted
the Low-Level Radioactive Waste Policy Act in 1980, 42
U.S.C. 2021, and the Low-Level Radioactive Waste Policy
Amendments Act of 1985, P.L. 99-240; and
Whereas, these federal acts transferred the responsibility for the
disposal of low-level waste to the states, and the states were
encouraged to enter into regional compacts to provide for a
more environmentally safe and economic method of disposal
and to minimize the burden borne by each state; and
Whereas, South Carolina, along with seven other states,
Alabama, Florida, Georgia, Mississippi, North Carolina,
Tennessee, and Virginia entered into the Southeast Compact in
1982; and
Whereas, South Carolina, pursuant to the Compact, agreed to
be the host state for disposal of low-level waste for the compact
states through December 31, 1992; and
Whereas, pursuant to Article 2, Item 10 of the Southeast
Interstate Low-level Radioactive Waste Management Compact
(Public Law 99-240) and Section 48-48-80 of the 1976 Code,
"the disposal facility located at Barnwell shall cease to
accept radioactive waste from outside the borders of the State
and to serve as the regional disposal facility for the Southeast
Regional Compact"; and
Whereas, pursuant to Section 48-48-80 of the 1976 Code,
"Further operation of the facility beyond December 31,
1992, must be specifically authorized by the General
Assembly"; and
Whereas, pursuant to the Compact, North Carolina is
designated as the host state to provide the disposal capacity
needed for the Southeast Region beginning January 1, 1993;
and
Whereas, it is clear that North Carolina will not meet its
obligation beginning January 1, 1993; moreover, North
Carolina has not yet selected a site at the present date; and
Whereas, South Carolina, along with the other member states
of the Southeast Compact, is faced with the prospect of having
to provide for the disposal of low-level waste generated within
its borders; and
Whereas, South Carolina must determine viable options to
provide for the disposal of low-level waste generated in South
Carolina; and
Whereas, if the General Assembly authorizes the operation of
the Barnwell site beyond 1992, such authorization shall be
conditioned on an agreement reached with North Carolina and
the Southeast Compact members that North Carolina and the
Southeast Compact members shall hold harmless the State of
South Carolina and provide indemnification for any costs or
damages accruing as a result of Barnwell's continued operation
as a low-level waste disposal site. Now, therefore,
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. In the event that the Barnwell low-level
radioactive disposal facility should remain open beyond 1992,
as a condition of further operation of the Barnwell low-level
radioactive disposal facility beyond 1992 for the Southeast
Regional Compact, as formed by Public Law 99-240, and
Section 48-47-10, et seq., North Carolina and the Southeast
Compact members must agree to hold harmless the State of
South Carolina and to provide indemnification to the State of
South Carolina for any risks or liability attributable to receipt
or disposal of low-level radioactive waste at the Barnwell site
after December 31, 1992; and agree to provide indemnification
for any costs or liability incurred by the State of South Carolina
as a result of assuming title to waste generated within the State
beginning in 1996 pursuant to 42 U.S.C., Section2021e(d)(2)(c)
(Supp. III 1985); and, North Carolina and the Southeast
Compact members must agree to any assessment of the
aforementioned risks and liabilities as may be determined by a
court of competent jurisdiction or an arbiter. As a further
condition, North Carolina and the Southeast Compact members
shall contractually agree to subject themselves to a court of
competent jurisdiction.
And further, North Carolina and the Southeast Compact
members shall provide South Carolina with a credit for the
volume of waste accepted during the period between January 1,
1993, and the time North Carolina's low-level radioactive waste
disposal facility becomes operational. Once North Carolina's
facility is operational, South Carolina's generators of low-level
radioactive waste shall be granted a credit for waste accepted
during the above-cited interim period by being allowed
additional disposal capacity in the amount of waste accepted
during the above-cited interim.
SECTION 2. Nothing in this joint resolution shall in any way
be construed to authorize the continuation of the Barnwell low-level radioactive disposal facility beyond 1992.
SECTION 3. This act takes effect upon approval by the
Governor.
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