H 3606 Session 112 (1997-1998)
H 3606 General Bill, By Sharpe
A BILL TO AMEND SECTIONS 44-96-40, AS AMENDED, 44-96-60, AS AMENDED, 44-96-80,
44-96-110, 44-96-120, AS AMENDED, 44-96-130, 44-96-140, AS AMENDED, 44-96-160,
AS AMENDED, 44-96-180, AS AMENDED, 44-96-290, AS AMENDED, 44-96-350, AND
44-96-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "SOUTH
CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT OF 1991", SO AS TO, AMONG OTHER
THINGS, CHANGE THE DEFINITIONS OF "RECOVERED MATERIALS", "RECOVERED MATERIALS
PROCESSING FACILITY", AND "USED OIL", DELETE THE FEE OF TEN DOLLARS A TON ON
SOLID WASTE GENERATED OUT OF STATE AND DISPOSED OF IN SOUTH CAROLINA, MAKE
CHANGES REGARDING THE DUTIES OF THE OFFICE OF SOLID WASTE REDUCTION AND
RECYCLING, CHANGE THE PROVISIONS REGARDING THE PURPOSES OF THE SOLID WASTE
MANAGEMENT TRUST FUND, AND REQUIRE PUBLIC NOTICE OF THE SUBMITTAL OF A SITE
HYDROGEOLOGIC CHARACTERIZATION REPORT FOR A NEW MUNICIPAL SOLID WASTE LANDFILL
OR FOR A LATERAL EXPANSION OF AN EXISTING MUNICIPAL SOLID WASTE LANDFILL; AND
TO REPEAL SECTION 44-96-230, RELATING TO THE REQUIREMENT THAT THE OFFICE OF
SOLD WASTE REDUCTION AND RECYCLING ESTABLISH AND HAVE TRADEMARKED A STATE
RECYCLING SYMBOL.
03/06/97 House Introduced and read first time HJ-5
03/06/97 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-5
04/16/97 House Committee report: Favorable with amendment
Agriculture, Natural Resources and Environmental
Affairs HJ-5
04/22/97 House Amended HJ-22
04/22/97 House Requests for debate-Rep(s). Trotter, Phillips,
Cooper, Sandifer, Barrett, Webb, Law, McCraw &
Whatley HJ-22
04/29/97 House Requests for debate removed-Rep(s). Cooper,
Sandifer, Barrett, Whatley, McCraw & Phillips HJ-89
04/29/97 House Requests for debate-Rep(s). Robinson HJ-108
04/29/97 House Read second time HJ-109
04/30/97 House Read third time and sent to Senate HJ-30
05/01/97 Senate Introduced and read first time SJ-23
05/01/97 Senate Referred to Committee on Medical Affairs SJ-23
05/27/98 Senate Committee report: Favorable with amendment
Medical Affairs SJ-14
05/28/98 Senate Read second time SJ-45
05/28/98 Senate Ordered to third reading with notice of
amendments SJ-45
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
May 27, 1998
H. 3606
Introduced by Rep. Sharpe
S. Printed 5/27/98--S.
Read the first time May 1, 1997.
THE COMMITTEE ON MEDICAL AFFAIRS
To whom was referred a Bill (H. 3606), to amend Sections
44-96-40, as amended, 44-96-60, as amended, 44-96-80, 44-96-110,
44-96-120, as amended, 44-96-130, 44-96-140, as amended, etc.,
respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass with amendment:
Amend the bill, as and if amended, Section 44-96-130(C), page
3606-7, immediately after line 10, by inserting:
/Beginning July 1, 1999, solid waste management grants must
be made available to local governments and regions which have been
determined by the department to be in need of assistance in carrying
out their responsibilities established by this article. The department
shall use information contained in the Solid Waste Management
Annual Report to determine which responsibilities of the article have
not been met and which local governments are in need of assistance.
The requirements of this subsection supersede all rules, regulations,
standards, orders, or other actions of the department that are not
consistent with this subsection./
Amend the bill further, Section 44-96-140(B), page 3606-8, line 18,
by deleting /Division of General Services/ and inserting
/department/.
Amend the bill further, Section 44-96-140(C), page 3606-8,
beginning on line 23, by deleting /Division of General Services/ and
inserting /Division of General Services department/.
Amend the bill further by deleting Section 44-96-160(B) on page
3606-10 and inserting:
/(B) No person shall knowingly dispose of used oil filters in a
landfill unless the filter has been crushed to the smallest practical
volume possible, as established by the department in regulation./
Renumber sections to conform.
Amend title to conform.
THOMAS L. MOORE, for Committee.
A BILL
TO AMEND SECTIONS 44-96-40, AS AMENDED, 44-96-60, AS
AMENDED, 44-96-80, 44-96-110, 44-96-120, AS AMENDED,
44-96-130, 44-96-140, AS AMENDED, 44-96-160, AS AMENDED,
44-96-180, AS AMENDED, 44-96-290, AS AMENDED, 44-96-350,
AND 44-96-470, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE "SOUTH CAROLINA SOLID WASTE
POLICY AND MANAGEMENT ACT OF 1991", SO AS TO,
AMONG OTHER THINGS, CHANGE THE DEFINITIONS OF
"RECOVERED MATERIALS", "RECOVERED
MATERIALS PROCESSING FACILITY", AND
"USED OIL", DELETE THE FEE OF TEN DOLLARS
A TON ON SOLID WASTE GENERATED OUT OF STATE AND
DISPOSED OF IN SOUTH CAROLINA, MAKE CHANGES
REGARDING THE DUTIES OF THE OFFICE OF SOLID WASTE
REDUCTION AND RECYCLING, CHANGE THE PROVISIONS
REGARDING THE PURPOSES OF THE SOLID WASTE
MANAGEMENT TRUST FUND, AND REQUIRE PUBLIC
NOTICE OF THE SUBMITTAL OF A SITE HYDROGEOLOGIC
CHARACTERIZATION REPORT FOR A NEW MUNICIPAL
SOLID WASTE LANDFILL OR FOR A LATERAL EXPANSION
OF AN EXISTING MUNICIPAL SOLID WASTE LANDFILL;
AND TO REPEAL SECTION 44-96-230, RELATING TO THE
REQUIREMENT THAT THE OFFICE OF SOLID WASTE
REDUCTION AND RECYCLING ESTABLISH AND HAVE
TRADEMARKED A STATE RECYCLING SYMBOL.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 44-96-40(34) and (35) of the 1976 Code, as
added by Act 63 of 1991, are amended to read:
"(34) 'Recovered materials' means those materials which
have known use, reuse, or recycling potential; can be feasibly used,
reused, or recycled; and have been diverted or removed from the
solid waste stream for sale, use, reuse, or recycling, whether or not
requiring subsequent separation and processing., but does
not include materials when recycled or transferred to a different site
for recycling in an amount which does not equal at At
least seventy-five percent by weight of the materials
received during the previous calendar year must be used, reused,
recycled, or transferred to a different site for use, reuse, or recycling
in order to qualify as a recovered material.
(35) 'Recovered Materials Processing Facility' means a facility
engaged solely in the recycling, storage, processing, and resale or
reuse of recovered materials. The term does not include a solid waste
handling processing facility; however, any solid
waste generated by such a recovered material
processing facility is subject to all applicable laws and
regulations relating to the solid waste. The term does not include
facilities which thermally treat solid waste principally for volume
reduction or for reduction of contaminants. Records must be kept
documenting the amount by weight of materials that are received at
the facility and used, reused, or recycled or transferred to another site
for use, reuse, or recycling. Records must also be kept which clearly
document the location of final disposition of the materials. Records
must be made available for inspection by department personnel upon
request."
SECTION 2. Section 44-96-60(B)(5) of the 1976 Code, as added
by Act 63 of 1991, is amended to read:
"(5) a determination of the success of the State,
and of each county or region, and municipality, if a
program is in existence in the municipality, in achieving the
solid waste recycling and reduction goals established in Section
44-96-50;"
SECTION 3. Section 44-96-80 of the 1976 Code, as added by Act
63 of 1991, is amended by deleting subsection (L), which reads:
"(L) In addition to all other fees provided in this chapter,
there is imposed a fee of ten dollars a ton on all solid waste generated
out of state and disposed of in this State except that if the other state's
tipping fees for in-state or out-of-state solid waste are higher than this
state's out-of-state fee, then the higher fee is imposed. The revenue
generated from the imposition of the out-of-state fee must be
deposited in the Solid Waste Management Trust Fund established in
Section 44-96-120."
SECTION 4. Section 44-96-110(B) and (C) of the 1976 Code, as
added by Act 63 of 1991, are amended to read:
"(B) The Office of Solid Waste Reduction and Recycling
shall have the following duties and responsibilities:
(1) receive funds for and disburse funds from the Solid Waste
Management Trust Fund established in Section 44-96-120;
(2) manage the Solid Waste Management Grant Program
established in Section 44-96-130;
(3) promote and assist in the development of solid waste
reduction, source separation, recycling, household hazardous
materials management programs, and resource recovery
programs;
(4) maintain a directory of recycling and resource recovery
systems in the State and provide assistance in matching recovered
materials with markets;
(5) provide for the education of the general public and the
training of solid waste management professionals to encourage
recycling and solid waste reduction;
(6) develop descriptive literature to educate local governments
on solid waste reduction and recycling issues. ; and
(7) conduct at least one workshop each year in each region
served by a council of governments.
(C) Not later than six months after this chapter is effective, the
The Office of Solid Waste Reduction and
Recycling, in consultation with the Department of Education,
shall develop guidelines for the establishment and implementation of
recycling education grants to school districts and public and
private schools to establish waste reduction and recycling education
programs. The office shall develop guidelines for the establishment
and implementation of recycling education grants to public and
private colleges and universities to establish waste reduction and
recycling education programs and demonstration projects in
school districts in this State. The office shall notify the
superintendent of each school district and each public and private
school and public and private college and university of the
existence of the demonstration project program grant
programs and provide information on how to apply for the
program. Upon the request of the school board of a
district, the office shall provide technical assistance and
financial assistance from
the Solid Waste Management Trust Fund in establishing a recycling
demonstration project, including private funding for the project, and
shall coordinate the establishment and implementation of the project
with the school district and with private industry. The office shall
determine the number of such demonstration grant
projects that may be feasibly initiated in a single calendar year. The
office, in consultation with the Department of Education, also shall
develop and make available to school districts public and
private schools, upon request, curriculum materials and resource
guides for recycling awareness programs for instruction at the
elementary, middle, and high school levels."
SECTION 5. Section 44-96-120(A) of the 1976 Code, as last
amended by Section 124A, Part II of Act 497 of 1994, is further
amended to read:
"(A) There is established a Solid Waste Management Trust
Fund to be administered by the Office of Solid Waste Reduction and
Recycling to fund:
(1) activities of the department to implement the provisions of
this chapter;
(2) research by state-supported educational institutions or by
private entities under contract with state-supported educational
institutions on solid waste management technologies;
(3) activities of the Recycling Market Development Advisory
Council including its staff in the amount of one hundred thousand
dollars from the Solid Waste Management Trust Fund for fiscal year
1994-95;
(4) demonstration projects or pilot programs to be conducted by
local governments within their jurisdictions, including local
governments which contract with private entities to assist in
conducting the demonstration projects or pilot programs;
(5) grants to local governments to carry out their responsibilities
under this article, pursuant to the provisions of Section 44-96-130,
including local governments which contract with private entities to
assist in carrying out their responsibilities under this article; and
(6) start-up administrative costs of the Department of
Revenue and Taxation in the amount of one hundred thousand dollars
and the State Treasurer in the amount of fifty thousand dollars
grants to school districts and public and private schools to
establish waste reduction and recycling education programs; and
(7) grants to public and private colleges and universities to
establish waste reduction and recycling education programs and
demonstration projects."
SECTION 6. Section 44-96-120(B)(4) of the 1976 Code, as added
by Act 63 of 1991, is amended to read:
"(4) the balance of the funds generated by the two-dollar
fee imposed pursuant to Section 44-96-170(L), which is not remitted
back to the counties for the management of waste tires; these funds
shall be remitted to a special fund designated as the Waste Tire
Grant Trust Fund;"
SECTION 7. Section 44-96-130 of the 1976 Code, as added by
Act 63 of 1991, is amended to read:
"Section 44-96-130. (A) The Office of Solid Waste
Reduction and Recycling shall establish a grant program utilizing
funds within the Solid Waste Management Trust Fund to assist local
governments and regions in carrying out their responsibilities under
this chapter article. Grant disbursements must be
approved by the State Solid Waste Advisory Council until such
time as the State Solid Waste Advisory Council ceases to exist, at
which point, the Office of Solid Waste Reduction and Recycling shall
approve any grant disbursements.
(B) The department shall ensure that, for the first five years
after this chapter is effective, one hundred percent of the
all grant funds made available to local governments and
regions shall be utilized for activities necessary to carry out their
solid waste management responsibilities established by this article.
All grant funds made available to public and private schools and
public and private colleges and universities must be used for waste
reduction and recycling education programs. Such grants shall
be made available as soon as possible following the promulgation by
the department of regulations establishing the Solid Waste
Management Grant Program. After the date on which county or
regional solid waste management plans are required to be submitted
to the department, no local government shall be eligible for a grant
from the Solid Waste Management Grant Program unless it has
submitted a solid waste management plan meeting the requirements
of Section 44-96-80. All regional or local government grant
proposals must be consistent with the State Solid Waste Management
Plan and the county or Regional Solid Waste Management Plan.
(C) Beginning six Six years after this chapter is
effective, the department shall administer a one-time bonus grant
program. The department also shall ensure that at least
twenty-five percent of the grant funds made available to local
governments and regions must be bonus grants to the local
governments and regions which have met the solid waste reduction
and recycling goals set forth in their solid waste management plans.
Bonus grants shall be used to fund activities which are related to
solid waste management.
(D) Not later than twelve months after this chapter is effective, the
Office of Solid Waste Reduction and Recycling shall promulgate
regulations establishing the Solid Waste Management Grant Program.
Such regulations shall, at a minimum, establish the criteria for
counties, regions, and municipalities to qualify for grants, and shall
set forth the procedures for applying for grants. The department may
require such information of the entity applying for the grant as is
necessary to properly evaluate the grant proposal. The department
shall comply with the requirements of the South Carolina
Administrative Procedures Act and notify local government officials
of the opportunity to provide input prior to issuing proposed
regulations for comment under this article.
(E) The regulations required to be promulgated by subsection (D)
of this section shall include procedures for any party aggrieved by a
grant decision of the Office of Solid Waste Reduction and Recycling
to obtain review of that decision."
SECTION 8. Section 44-96-140 of the 1976 Code, as amended by
Section 1153 of Act 181 of 1993, is further amended to read:
"Section 44-96-140. (A) Not later than twelve months after
the date on which the department submits the state solid waste
management plan to the Governor and to the General Assembly, the
General Assembly, the Governor's Office, the Judiciary, each state
agency, and each state-supported institution of higher education shall:
(1) establish a source separation and recycling program in
cooperation with the department and the Division of General Services
of the State Budget and Control Board for the collection of selected
recyclable materials generated in state offices throughout the
State, including, but not limited to, high-grade office paper,
corrugated paper, aluminum, glass, tires, composting materials,
plastics, batteries, and used oil;
(2) provide procedures for collecting and storing recyclable
materials, containers for storing materials, and contractual or other
arrangements with collectors or buyers of the recyclable materials, or
both;
(3) evaluate the amount of waste paper material recycled and
make all necessary modifications to the recycling program to ensure
that all waste paper materials are recycled to the maximum extent
feasible; and
(4) establish and implement, in cooperation with the department
and the Division of General Services, a solid waste reduction
program for materials used in the course of agency operations. The
program shall be designed and implemented to achieve the maximum
feasible reduction of solid waste generated as a result of agency
operations.
(B) Not later than six months after this chapter is effective, the
September fifteen of each year, each state agency and each
state-supported institution of higher learning shall submit to the
Division of General Services a report detailing its source separation
and recycling program and a review of all goods and products
purchased during the previous fiscal year by those agencies and
institutions containing recycled materials using the content
specifications established by the Office of Materials
Management.
(C) By November first of each year the Division of
General Services shall submit a report to the Governor and to the
General Assembly reviewing all goods and products purchased by the
State during the previous fiscal year and determining what
percentage of state purchases contain recycled materials using
content specifications established by the Office of Materials
Management, Division of General Services. The report also shall
review existing procurement regulations for the purchase of products
and materials and shall identify any portions of such regulations that
discriminate against products and materials with recycled content and
products and materials which are recyclable.
(C)(D) Not later than one year after this chapter is
effective, the Division of General Services shall amend the
procurement regulations to eliminate the portions of the regulations
identified in its report as discriminating against products and
materials with recycled content and products and materials which are
recyclable.
(D)(E) Not later than one year after the effective
date of the amendments to the procurement regulations, the General
Assembly, the Governor's Office, the Judiciary, all state agencies, all
political subdivisions using state funds to procure items, and all
persons contracting with such agency or political subdivision where
such persons procure items with state funds shall procure products
and materials with recycled content and products and materials which
are recyclable where practicable, as determined by the Office of
Materials Management, Division of General Services. The list of
recycled content specifications shall be updated annually. It is the
goal of the General Assembly for state and local governmental
agencies to reflect a twenty-five percent goal in their procurement
policies. The decision not to procure such items shall be based on a
determination that such procurement items:
(1) are not available within a reasonable period of time;
(2) fail to meet the performance standards set forth in the
applicable specifications; or
(3) are only available at a price that exceeds by more than seven
and one-half percent the price of alternative items.
(E)(F) Not later than six months after this chapter
is effective, and annually thereafter, the Department of
Transportation shall submit a report to the Governor and to the
General Assembly on the use of:
(1) compost as a substitute for regular soil amendment products
in all highway projects;
(2) solid waste including, but not limited to, ground rubber from
tires and fly ash or mixtures of them from coal-fired electrical
facilities in road surfacing of subbase materials;
(3) solid waste including, but not limited to, glass aggregate,
plastic, and fly ash in asphalt or concrete; and
(4) recycled mixed-plastic materials for guard rail posts,
right-of-way fence posts, and sign supports."
SECTION 9. Section 44-96-40(63) of the 1976 Code, as added by
Act 63 of 1991, is amended to read:
"(63) 'Used oil' means any oil which that has
been refined from crude oil or synthetic oil and, as a
result of use, storage, or handling, has become unsuitable for its
original purpose due to the presence of impurities or loss of original
properties, but which may be suitable for further use and may be
economically recyclable and that has been used and, as a
result of that use, is contaminated by physical or chemical
impurities."
SECTION 10. Section 44-96-160 of the 1976 Code, as last amended
by Section 50, Part II of Act 145 of 1995, is further amended to read:
"Section 44-96-160. (A) Twelve months after this chapter is
effective, no person shall knowingly:
(1) place used oil in municipal solid waste, discard or otherwise
dispose of used oil, except by delivery to a used oil collection
facility, used oil energy recovery facility, oil recycling facility, or to
an authorized agent for delivery to a used oil collection facility, used
oil energy recovery facility, or oil recycling facility;
(2) dispose of used oil in a solid waste disposal facility unless
such disposal is approved by the department;
(3) collect, transport, store, recycle, use or dispose of used oil
in any manner which may endanger public health and welfare or the
environment;
(4) discharge used oil into sewers, drainage systems, septic
tanks, surface water or groundwater, or any other waters of this State,
or onto the ground; or
(5) mix or commingle used oil with hazardous substances that
make it unsuitable for recycling or beneficial use.
Notwithstanding any other provision of law, any person who
knowingly disposes of any used oil which has not been properly
segregated or separated from other solid wastes by the generator is
guilty of a violation of this subsection and shall be subject to a fine
not to exceed two hundred dollars. This provision may be enforced
by a state, county, or municipal law enforcement official, or by the
department.
(B) No person shall knowingly dispose of used oil filters in a
landfill after July 1, 1999, unless the filter has been crushed.
(C) The utilization of used oil for road oiling, dust
control, weed abatement, or other similar uses which have the
potential to cause harm to the environment is prohibited.
(C)(D) The department shall encourage the
voluntary establishment of used oil collection centers and recycling
programs and provide technical assistance to persons who organize
such programs.
If a hazardous substance is mixed with used oil accepted at a
volunteer used oil collection center, any costs for the proper disposal
of this contaminated waste will be incurred by the Petroleum Fund,
if no more than five gallons of used oil was accepted from any one
person at any one time.
(D)(E) All government agencies and private
businesses that change motor oil for the public and major retail
dealers of motor and lubricating oil are encouraged to serve as used
oil collection centers.
The Department of Transportation shall establish or contract for at
least one used oil collection center in every county unless it can
certify to the Office of Solid Waste Reduction and Recycling that a
private used oil collection center is in operation in a county and is
accepting up to five gallons of used oil from any member of the
public.
A retail dealer of motor oil who maintains a separate tank for a
voluntary used oil collection center as approved by the department
under this section is eligible for a payment from the South Carolina
Department of Revenue and Taxation from fees collected
pursuant to subsection (V) of five cents for every gallon of motor oil
that is properly returned on a voluntary basis to a registered used oil
transporter or permitted used oil recycling facility upon proper
verification.
(E)(F) Any person who maintains a used oil
collection facility that receives a volume of used oil annually, which
exceeds a limit to be determined by the department, must register
with the department.
(F)(G) A used oil collection center shall annually
report to the department by a date to be determined by the department
and shall indicate if it is accepting used oil from the public, the
quantities of used oil collected in the previous year, and the total
quantity of used oil handled in the previous year.
(G)(H) No person may recover from the owner or
operator of a used oil collection center any costs of response actions
resulting from a release of either used oil or a hazardous substance
from a used oil collection center if such used oil is:
(1) not mixed with any hazardous substance by the owner or
operator of the used oil collection center;
(2) not knowingly accepted with any hazardous substances
contained in it;
(3) transported from the used oil collection center by a
registered transporter; or
(4) stored in a used oil collection center that is in compliance
with this section.
This subsection applies only to that portion of the used oil
collection center utilized for the collection of used oil and does not
apply if the owner or operator is grossly negligent in the operation of
the public used oil collection center. Nothing in this section shall
affect or modify in any way the obligations or liability of any person
under any other provisions of state or federal law, including common
law, for injury or damage resulting from the release of used oil or
hazardous substances. For the purpose of this subsection, the owner
or operator of a used oil collection center may presume that a
quantity of no more than five gallons of used oil accepted from any
member of the public is not mixed with a hazardous substance, if the
owner or operator acts in good faith and in the belief the oil is
generated from the individual's personal activity.
(H)(I) Any motor, lubricating, or other oil offered
for sale, at retail or at wholesale for direct retail sale, for use off the
premises, must be clearly marked or labeled as containing a
recyclable material which shall be disposed of only at a used oil
collection center. A statement on a container of lubricating or other
oil offered for sale is in compliance with this section if it contains the
following statement: 'Don't pollute. Conserve resources. Return used
oil to collection centers'.
(I)(J) Motor oil retailers shall post and maintain,
at or near the point of sale, a durable and legible sign, not less than
eleven inches by fifteen inches in size, informing the public of the
importance of the proper collection and disposal of used oil and how
and where used oil may be properly disposed.
(J)(K) The department may inspect any place,
building, or premises subject to subsections (H) and (I)
and (J) and issue warnings and citations to any person who
fails to comply with the requirements of those subsections. Failure to
comply following a warning shall constitute a violation punishable
by a fine not to exceed one hundred dollars per day. Each day on
which an establishment fails to comply shall constitute a separate
violation. The proceeds of any fine imposed pursuant to this
subsection shall be remitted to the Solid Waste Management Trust
Fund.
(K)(L) The following persons shall register
annually with the department pursuant to department regulations on
forms prescribed in such regulations:
(1) any person who transports over public highways more than
five hundred gallons of used oil weekly;
(2) any person who maintains a collection facility that receives
more than six thousand gallons of used oil annually; and
(3) any facility that recycles more than six hundred gallons of
used oil annually.
(L)(M) The department shall require each
registered person to submit by a date to be determined by the
department an annual report which specifies the type and quantity of
used oil transported, collected, and recycled during the preceding
year. The department also shall require each registered person who
transports or recycles used oil to maintain records which identify
the:
(1) the source of the materials transported or recycled;
(2) the quantity of materials received;
(3) the date of receipt; and
(4) the destination or the end use of the materials.
(M)(N) The department shall require sample
analyses of used oil at facilities of representative used oil transporters
and at representative recycling facilities to determine the incidence
of contamination of used oil with hazardous, toxic, or other harmful
substances.
(N)(O) The following entities are exempted from
the requirements of subsection (K) (L):
(1) an on-site burner which only burns a specification used oil
generated by the burner, if the burning is done in compliance with
any air permits issued by the department; or
(2) an electric utility which generates during its operation used
oil that is then reclaimed, recycled, or refined by the electric utility
for use in its operations.
(O)(P) Any person who fails to register with the
department as required by subsection (K) (L), or to
file the annual report required by subsection (L) (M),
is subject to a fine not to exceed three hundred dollars per day. Each
day on which the person fails to comply shall constitute a separate
violation. The proceeds of any fine imposed pursuant to this
subsection shall be remitted to the Solid Waste Management Trust
Fund.
(P)(Q) After the effective date of regulations
promulgated by the department pursuant to this section, any person
who transports over public highways more than five hundred gallons
of used oil weekly must be a registered transporter.
(Q)(R) The department shall promulgate
regulations establishing a registration program for transporters of
used oil, and shall issue, deny, or revoke registrations authorizing the
holder to transport used oil. Registration requirements shall ensure
that a used oil transporter is familiar with applicable regulations and
used oil management procedures. The department shall promulgate
regulations governing registration which shall include requirements
for the following:
(1) registration and annual reporting;
(2) evidence of familiarity with laws and regulations governing
used oil transportation; and
(3) proof of liability insurance or other means of financial
responsibility for any liability which may be incurred in the transport
of used oil.
(R)(S) Each person who intends to operate,
modify, or close a used oil recycling facility shall obtain an operation
or closure permit from the department prior to operating, modifying,
or closing the facility.
(S)(T) Not later than eighteen months after this
chapter is effective, the department shall develop a permitting system
for used oil recycling facilities.
(T)(U) Permits shall not be required under
subsection (R) (S) for the burning of used oil as a
fuel, provided:
(1) a valid air permit, if required, issued by the department is
in effect for the facility;
(2) the facility burns used oil in accordance with applicable state
and local government regulations, and the requirements and
conditions of its air permit; and
(3) the on specification used oil is burned in industrial furnaces
and boilers and nonindustrial furnaces and boilers.
(U)(V) No permit is required under this section for
the use of used oil for the benefication or flotation of phosphate rock.
(V)(W)(1) For sales made after October 31, 1991,
a person making wholesale sales of motor oil or similar lubricants,
and a person importing into this State ex-tax motor oil or similar
lubricants, shall pay a fee on a monthly basis of eight cents for each
gallon of motor oil or similar lubricants sold at wholesale or ex-tax
motor oil or similar lubricants imported. As used in this provision,
'ex-tax motor oil or similar lubricants' means motor oil or similar
lubricants upon which the fee imposed has not been levied and which
is not sold at wholesale in this State. The fee imposed must be
imposed only once with respect to each gallon of motor oil or similar
lubricants. The South Carolina State Department of Revenue and
Taxation shall administer, collect, and enforce this fee in the
same manner the sales and use taxes are collected pursuant to Chapter
36 of Title 12. However, taxpayers are not required to make
payments pursuant to Section 12-36-2600. Instead of the discount
allowed pursuant to Section 12-36-2610, the taxpayer may retain
three percent of the total fees collected as an administrative collection
allowance. This allowance applies whether or not the return is
timely filed.
A motor carrier which purchases lubricating oils not for resale
used in its fleet is exempt from the fee. The motor carrier must:
(a) have a maintenance facility to service its own fleet and
properly store waste oil for recycling collections;
(b) have on file with the Environmental Protection Agency
the existence of storage tanks for waste oil storage;
(c) maintain records of the dispensing and servicing of
lubrication oil in the fleet vehicles; and
(d) have a written contractual agreement with an approved
waste oil hauler.
(2) The Department of Revenue and Taxation shall
remit fees collected pursuant to this section to the Solid Waste
Management Trust Fund, less payments made pursuant to subsection
(D). The fees must be reserved in a separate account designated as
the Petroleum Fund. The Petroleum Fund must be under the
administration of the Office of Solid Waste Reduction and Recycling.
The funds generated by the fees authorized by this section and set
aside for the Petroleum Fund shall be used by the Office of Solid
Waste Reduction and Recycling as follows:
(a) Two-fifths of the funds shall be used to establish incentive
programs to encourage:
(1) individuals who change their own oil to return their
used oil to used oil collection centers;
(2) the establishment and continued operation of collection
centers which accept used oil, including a one-time rebate to retailers
who maintain department approved used oil collection centers for
equipment used in the used oil collection process, not to exceed five
hundred dollars a location. The used oil collection center must
maintain a separate tank for the collection of voluntarily returned
used oil to be eligible for this rebate. This rebate must be distributed
by the department upon approval of the collection center by the
department and submittal of proof of purchase of the equipment.
(3) the establishment and continued operation of recycling
facilities which prepare used oil for reuses or which utilize used oil
in a manner that substitutes for a petroleum product made from new
oil.
(b) Two-fifths of the funds shall be used to provide grants for
local government projects that the office determines will encourage
the collection, reuse, and proper disposal of used oil and similar
lubricants. Local government projects may include one or more of the
following programs or activities:
(1) curbside pickup of used oil containers by a local
government or its designee;
(2) retrofitting of solid waste equipment to promote
curbside pickup or disposal of used oil at used oil collection centers
designated by the local government;
(3) establishment of publicly operated used oil collection
centers at landfills or other public places; or
(4) providing of containers and other materials and
supplies that the public can utilize in an environmentally sound
manner to store used oil for pickup or return to a used oil collection
center.
(c) One-fifth of the funds shall be used for public education
and research, including, but not limited to, reuses, disposal,
and development of markets for used oil and similar lubricants.
The office may use funds set aside under subitem (a) of item (2) to
contract for the development and implementation of incentive
programs, and the office may use funds set aside under subitem (c)
of item (2) to contract for the development and implementation of
research and education programs.
After the fee is imposed upon a distributor, the fee may not be
imposed again upon any person who subsequently receives motor oil
or similar lubricants from a distributor upon whom the fee already
has been imposed.
Motor oil or similar lubricants exported from this State in its
original package or container shall be exempt from the fee imposed
in this section. Any person purchasing motor oil or similar lubricants
at wholesale in its original package or container and who exports
such motor oil or similar lubricants from this State may certify in
writing to the seller that the motor oil or similar lubricants will be
exported, and such certification, if taken by the seller in good faith,
will relieve the seller of the fee otherwise imposed. If the purchaser
subsequently uses the motor oil or similar lubricants in this State, the
purchaser shall be liable for the fee imposed and the purchaser's
certification to the seller shall include an acknowledgment to that
effect.
(W)(X) The fee imposed under item (V)
(W) of this section shall be imposed until the unobligated
principal balance of the Petroleum Fund equals or exceeds three
million dollars. Based upon the amount of revenue received and the
time frame in which the amount is collected, the Department of
Revenue and Taxation is required to adjust the rate of the fee
to reflect a full year's collection to produce the amount of revenue
required in the fund. The increase or decrease in the fee made by the
Department of Revenue and Taxation shall take effect for
sales beginning on or after the first day of the third month following
determination by the commission.
(X)(Y) The department shall promulgate
regulations necessary to implement the provisions of this section.
Such regulations may include the imposition of reasonable
registration and permitting fees to assist in defraying the costs of the
regulatory activities of the department required by this section.
(Y)(Z) All state agencies, all political
subdivisions using state funds to procure items, and all persons
contracting with such agency or political subdivision where such
persons procure items with state funds shall procure used oil
materials and products where practicable, subject to the provisions of
Section 44-96-140(D).
(Z)(AA) Beginning February 28, 1993, and no
later than February twenty-eighth each year thereafter, the Office of
Solid Waste and Recycling shall submit to the Governor and to the
General Assembly a report for the previous calendar year, including:
(1) the number of used oil collection sites available in each
county to the general public;
(2) the number and location of used oil collection sites in each
county receiving ongoing and start-up assistance from the Office of
Solid Waste Reduction and Recycling;
(3) the amount of used oil collected in each county."
SECTION 11. Section 44-96-180(D)(2) of the 1976 Code, as added
by Act 63 of 1991, is amended to read:
"(2) post written notice, visible to customers, at
his place of business which must be at least eight and one-half inches
by eleven inches in size and must contain the state recycling
symbol and the following language:
(a) 'It is illegal to put a motor vehicle battery in the garbage'.
(b) 'Recycle your used batteries'.
(c) 'State law requires us to accept motor vehicle batteries for
recycling'."
SECTION 12. Section 44-96-290(E) of the 1976 Code, as added by
Act 63 of 1991, is amended to read:
"(E) No permit to construct a new solid waste
management facility or to expand an existing solid waste
management facility may be issued until a demonstration of need is
approved by the department. Facilities which lawfully burn
nonhazardous waste for energy recovery up to the normal rate of
manufacturing production or which lawfully use or reuse the waste
to make a product shall not be excluded from the demonstration of
need requirement. No construction of new or expanded solid waste
management facilities may be commenced until all permits required
for construction have been issued. In determining if there is a need
for new or expanded solid waste disposal sites, the department shall
not consider solid waste generated in jurisdictions not subject to the
provisions of a county or regional solid waste management plan
pursuant to this chapter.
The department shall promulgate regulations to implement this
section. These regulations must apply to all solid waste management
facilities which have not obtained all permits required for
construction. This subsection does not apply to inert or cellulosic
solid waste facilities which are not commercial solid waste
management facilities or to industrial facilities managing solid waste
generated in the course of normal operations on property under the
same ownership or control as the solid waste management facility if
the industrial facility is not a commercial solid waste management
facility provide public notice of the submittal of a site
hydrogeologic characterization report for a new municipal solid
waste landfill or for a lateral expansion of an existing municipal solid
waste landfill."
SECTION 13. Section 44-96-290 of the 1976 Code, as amended by
Act 454 of 1996, is further amended by deleting subsection (F),
which reads:
"(F) In considering a demonstration of need from an
applicant to construct a new facility prior to adoption and approval
of state and county or regional solid waste plans as required by
Sections 44-96-60 and 44-96-80, the department may only consider
the amount of waste generated within this State; except that no
county or proposed region may be required to use any facility
permitted during this interim period unless the governing body of the
county or the governing bodies of the counties in a proposed region
adopt a resolution expressing their intent to use the facility. The
governing body of the county in which such landfill will be located
shall request that the department issue a permit to the new facility.
Any new facility which is to be permitted must comply with zoning
and land use ordinances and must meet the requirements of Sections
44-96-320, 44-96-330, and 44-96-350.
In considering a demonstration of need from an applicant to
construct an expansion to an existing permitted facility prior to
adoption and approval of state and county or regional solid waste
plans as required by Sections 44-96-60 and 44-96-80, the department
may only consider the amount of waste generated within this State;
except that no county or proposed region may be required to use any
facility permitted during this interim period unless the governing
body of the county or the governing bodies of the counties in a
proposed region adopt a resolution expressing their intent to use the
facility. Any expansion to an existing facility which is to be permitted
must comply with zoning and land use ordinances and must meet the
requirements of Sections 44-96-320, 44-96-330, and 44-96-350. For
the purpose of this subsection, 'expansion' means the process of
increasing existing capacity of operations at an existing site when
such increase is in conformity with the service area and scope of
operations of the original permit. During the interim period, the
department shall take into account financial impact on the county for
expansions of county landfill facilities which are at or near their
permitted capacity in determining whether to require the county to
meet all or a portion of the minimum requirements of Sections
44-96-320, 44-96-330, and 44-96-350.
In order to promote the comprehensive and proper management of
solid waste in South Carolina and protect the public health and
welfare of its citizens, prior to the adoption of the state and county or
regional solid waste management plans as required under Sections
44-96-60 and 44-96-80, and prior to the promulgation of regulations
required by Sections 44-96-340 and 44-96-350, whichever comes
later, no new or expanded solid waste facility, which proposes to
incinerate solid waste, may be sited or permitted without a finding by
the Board of Health and Environmental Control that the new or
expanded facility is necessary to prevent an imminent and substantial
threat to the health of persons or the environment.
This subsection does not apply to inert or cellulosic solid waste
facilities which are not commercial facilities or to industrial facilities
managing solid waste generated in the course of normal operations
on property under the same ownership or control as the solid waste
management facility if the industrial facility is not a commercial solid
waste management facility."
SECTION 14. Section 44-96-350(A) of the 1976 Code, as added by
Act 63 of 1991, is amended to read:
"(A) In addition to the requirements imposed by this article,
the regulations promulgated by the department shall, at a minimum,
require that municipal solid waste incinerator ash which is disposed
of at a solid waste landfill be disposed of only in the following
manner:
(1) a monofill meeting the following requirements:
(a) the unit or cell is used exclusively for the disposal of
municipal solid waste incinerator ash;
(b) the unit is located, designed, and operated so as to
protect human health and safety and the environment;
(c)(2) the unit has a groundwater monitoring
system and a leachate collection and removal system; and
(d)(3) the unit has a single composite liner
or double geomembrane liner designed, operated, and constructed of
materials to restrict the migration of any constituent into and through
such liner during such period as the unit remains in operation,
including any postclosure monitoring period;
(2) a landfill unit, which may be used for the codisposal of
municipal solid waste and municipal solid waste incinerator ash,
meeting the following requirements:
(a) the unit is located, designed, and operated so as to protect
human health and safety and the environment;
(b) the unit has groundwater monitoring and leachate
collection systems; and
(c) the unit has a double geomembrane liner. The liner shall
be designed, operated, and constructed of materials to prevent the
migration of any constituent into and through such liner during the
period the facility remains in operation and for any postclosure
monitoring period."
SECTION 15. Section 44-96-470(A) through (D) of the 1976 Code,
as added by Act 63 of 1991, are amended to read:
"(A) Upon the submission of any permit application to the
department for any municipal solid waste disposal facility, the permit
applicant shall within fifteen days of the date of submission of the
application publicize the submission by public notice and in writing
as follows:
(1) if the application is for a facility serving no more than one
county, the public notice shall be published in a newspaper of general
circulation serving the host county, and each local government in the
county shall be notified further in writing of the permit application;
(2) if the application is for a facility serving more than one
county, the public notice shall be published in a newspaper of
general circulation serving each affected county, and each local
government within such counties shall be further notified in writing
of the permit application. For the purpose of this section,
'affected county' includes the host county, each county under contract
with the proposed facility, and all counties contiguous to the host
county;
(3) the public notice shall be prominently displayed in the
courthouse of each notified county; and
(4) the initial public notice and all other public notices required
under this section shall, at a minimum, contain:
(a) the name and address of the applicant;
(b) the nature of the proposed facility;
(c) a description of the proposed site;
(d) a locational map showing the proposed site; and
(e) such other information as is necessary to fully inform the
public to be determined by regulations to be promulgated by the
department.
(B) The department shall review the application and supporting
data, and make a determination as to the
suitability or unsuitability of the proposed site for the intended
purpose, and whether the permit application is
administratively complete. The department shall notify, in
writing, the applicant, the host local government, if different from the
applicant, and any other person who has made a written request for
notification to the department of its this
determination.
(C) Upon receipt from the department of notice that the
proposed site is suitable for the intended purpose, the applicant
shall within fifteen days of receipt of such notification publicize the
fact by public notice as outlined in items (1), (2), (3), and (4) of
subsection (A). Further, within forty-five days of receipt of such
notification from the department permit application is
administratively complete, the host local government for the
proposed site, within forty-five days of receipt of such
notification from the department, as outlined in items (1), (2),
(3), and (4) of subsection (A), shall advertise and hold a public
meeting to inform affected residents and landowners in the area of the
proposed site and of the opportunity to engage in a facility issues
negotiation process.
(D) Following notification of the applicant of the proposed
site's suitability that the permit application is administratively
complete, the department shall continue to review the applicant's
permit application, but the department shall not take any action with
respect to permit issuance or denial until such time as the local
notification and negotiation processes described in this section have
been exhausted."
SECTION 16. Section 44-96-230 of the 1976 Code is repealed.
SECTION 17. This act takes effect upon approval by the Governor.
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