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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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Legislative Services Agency
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