H*2289 Session 106 (1985-1986)
H*2289(Rat #0210, Act #0140 of 1985) General Bill, By J.H. Toal, C.L. Griffin,
T.F. Rogers and R. Schwartz
Similar(S 175)
A Bill to amend Sections 44-56-20, 44-56-50, 44-56-60, 44-56-160, 44-56-170,
44-56-180, Code of Laws of South Carolina, 1976, relating to hazardous waste
management, so as to define response action as any cleanup or closure of a
hazardous waste site and define uncontrolled hazardous waste site; to
authorize the Commissioner of the Department of Health and Environmental
Control to issue a response action order to eliminate a hazardous waste and to
request the Attorney General to recover costs of the response action; to
require a permit for transportation of and regulation and monitoring of burial
sites of hazardous waste; to provide that the Hazardous Waste Contingency Fund
be available for response actions and transportation accidents of hazardous
materials and to increase the per ton costs of waste from generators from one
dollar and fifty cents to three dollars, from generated waste outside the
State from two dollars to four dollars and to apply a certain portion of waste
assessment fees in addition to generated waste fees to the Contingency fund to
be held separately for response actions and that one dollar per ton of
hazardous waste be held separate within the fund and returned to the governing
body of the counties; to require each generator to submit a report to the
Department of Health and Environmental Control certifying a program to reduce
volume and toxicity of waste and that treatment and storage is not a threat to
health and environment; to require the Department of Health and Environmental
Control to report to the General Assembly concerning response actions; and to
amend the 1976 Code by adding Section 44-56-510 so as to provide for a
hazardous waste disposal assessment fee of five dollars for waste generated
and disposed of in this State and seven dollars for waste generated outside of
this State for disposal in this State.-amended titl
01/30/85 House Introduced and read first time HJ-461
01/30/85 House Referred to Committee on Agriculture and Natural
Resources HJ-462
04/25/85 House Committee report: Majority favorable with amend.,
minority unfavorable Agriculture and Natural
Resources HJ-2693
05/01/85 House Retaining place on calendar recommitted to
Committee on Agriculture and Natural Resources HJ-2851
05/01/85 House Committee report: Favorable with amendment
Agriculture and Natural Resources HJ-2859
05/01/85 House Minority Report was withdrawn HJ-2859
05/01/85 House Amended HJ-2860
05/01/85 House Read second time HJ-2873
05/02/85 House Read third time and sent to Senate HJ-2889
05/08/85 Senate Introduced and read first time SJ-1979
05/08/85 Senate Referred to Committee on Labor, Commerce and
Industry SJ-1979
05/15/85 Senate Recalled from Committee on Labor, Commerce and
Industry SJ-2114
05/16/85 Senate Amended SJ-2133
05/16/85 Senate Read second time SJ-2144
05/16/85 Senate Ordered to third reading with notice of
amendments SJ-2144
05/17/85 Senate Read third time SJ-2150
05/17/85 Senate Returned SJ-2150
05/28/85 House Concurred in Senate amendment and enrolled HJ-3510
06/03/85 Ratified R 210
06/05/85 Signed By Governor
06/05/85 Effective date 06/05/85
06/05/85 Act No. 140
06/11/85 Copies available
(A140, R210, H2289)
AN ACT TO AMEND SECTIONS 44-56-20, 44-56-50, 44-56-60, 44-56-160, 44-56-170,
44-56-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HAZARDOUS WASTE
MANAGEMENT, SO AS TO DEFINE RESPONSE ACTION AS ANY CLEANUP OR CLOSURE OF A
HAZARDOUS WASTE SITE AND DEFINE UNCONTROLLED HAZARDOUS WASTE SITE; TO AUTHORIZE
THE COMMISSIONER OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ISSUE
A RESPONSE ACTION ORDER TO ELIMINATE A HAZARDOUS WASTE AND TO REQUEST THE
ATTORNEY GENERAL TO RECOVER COSTS OF THE RESPONSE ACTION; TO REQUIRE A PERMIT FOR
TRANSPORTATION OF AND REGULATION AND MONITORING OF BURIAL SITES OF HAZARDOUS
WASTE; TO PROVIDE THAT THE HAZARDOUS WASTE CONTINGENCY FUND BE AVAILABLE FOR
RESPONSE ACTIONS AND TRANSPORTATION ACCIDENTS OF HAZARDOUS MATERIALS AND TO
INCREASE THE PER TON COSTS OF WASTE FROM GENERATORS FROM ONE DOLLAR AND FIFTY
CENTS TO THREE DOLLARS, FROM GENERATED WASTE OUTSIDE THE STATE FROM TWO DOLLARS
TO FOUR DOLLARS AND TO APPLY A CERTAIN PORTION OF WASTE ASSESSMENT FEES IN
ADDITION TO GENERATED WASTE FEES TO THE CONTINGENCY FUND TO BE HELD SEPARATELY
FOR RESPONSE ACTIONS AND THAT ONE DOLLAR PER TON OF HAZARDOUS WASTE BE HELD
SEPARATE WITHIN THE FUND AND RETURNED TO THE GOVERNING BODY OF THE COUNTIES; TO
REQUIRE EACH GENERATOR TO SUBMIT A REPORT TO THE DEPARTMENT OF HEALTH AND
ENVIRONMENTAL CONTROL CERTIFYING A PROGRAM TO REDUCE VOLUME AND TOXICITY OF WASTE
AND THAT TREATMENT AND STORAGE IS NOT A THREAT TO HEALTH AND ENVIRONMENT; TO
REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO REPORT TO THE
GENERAL ASSEMBLY CONCERNING RESPONSE ACTIONS; AND TO AMEND THE 1976 CODE BY
ADDING SECTION 44-56-510 SO AS TO PROVIDE FOR A HAZARDOUS WASTE DISPOSAL
ASSESSMENT FEE OF FIVE DOLLARS FOR WASTE GENERATED AND DISPOSED OF IN THIS STATE
AND SEVEN DOLLARS FOR WASTE GENERATED OUTSIDE OF THIS STATE FOR DISPOSAL IN THIS
STATE.
Be it enacted by the General Assembly of the State of South Carolina:
Findings
SECTION 1. The General Assembly finds that land filling is the least desirable
method of disposing of hazardous waste because of its eternal potential for harm
to public health and safety. Other methods of disposing of hazardous waste exist
although these are often more costly.
Remedial actions to restore hazardous waste sites to proper public health
standards are extremely expensive. Further the potential for danger far into the
future requires the State to assume certain responsibilities for monitoring of
and response to these dangers. The General Assembly finds it necessary to impose
certain requirements on the industries which benefit from the production,
transport, and disposal of these materials to protect the citizens of the State
and to balance the pledge made by the State for the administration of programs
to restore hazardous waste sites to public health standards. The requirements
and fees imposed herein are considered minimum acceptable levels and are
calculated to provide information to the State on the quantity and toxicity of
wastes being land disposed and to spread the financial burden of the risks of
previous and continued land disposal of hazardous waste among those industries
which continue to select this method of disposal.
The General Assembly pledges to allocate funds and personnel for the
administration of programs exclusively designated to respond to the dangers
inherent in the generation, transportation, and disposal of waste. The General
Assembly intends to gather information on the methods of disposal and
transportation now in use in this State to improve regulation of hazardous waste
and response capability to accidents involving such waste.
For these reasons it is necessary to amend Chapter 56 of Title 44 of the 1976
Code, the South Carolina Hazardous Waste Management Act:
(1) To protect future generations from the financial devastation of disrupted
hazardous waste burial sites and accidents involving hazardous materials by
increasing the amount of the Hazardous Waste Contingency Fund by industry and
state contributions.
(2) To revise the fee schedule to encourage more environmentally sound
treatment and disposal methods for hazardous waste.
(3) To designate the State as the responsible party for monitoring hazardous
waste sites when all other parties' responsibilities have been exhausted.
(4) To reduce the likelihood of hazardous waste transportation accidents and
prolong the life of existing landfills by limiting the burial rate of hazardous
waste.
Definition
SECTION 2. Section 44-56-20(13) is amended to read:
"(13) 'Uncontrolled hazardous waste site' means any site where hazardous
wastes or other hazardous substances have been released, abandoned, or otherwise
improperly managed so that governmental response action is deemed necessary to
remedy actual or potential damages to public health, the public welfare, or the
environment.
For the purpose of this item the term Hazardous Waste does not include
petroleum, including crude oil or fraction thereof; natural gas; natural gas
liquids; liquified natural gas; synthetic gas usable for fuel; or mixtures of
natural gas and such synthetic gas."
Definition
SECTION 3. Section 44-56-20 of the 1976 Code is amended by adding a new item to
read:
"(14) 'Response action' is any cleanup, containment, inspection, or
closure of a site ordered by the Commissioner as necessary to remedy actual or
potential damages to public health, the public welfare, or the environment."
Commissioner may take action
SECTION 4. Section 44-56-50 of the 1976 Code is amended to read:
"Section 44-56-50. Notwithstanding any other provision of this chapter, the
Commissioner, upon receipt of information that the storage, transportation,
treatment, or disposal of any waste may present an imminent and substantial
hazard to the health of persons or to the environment, may take such action as
he determines to be necessary to protect the health of persons or the
environment. The action the Commissioner may take may include, but is not
limited to:
1. Issuing an order directing the operator of the treatment, storage or
disposal facility or site, or the custodian of the waste, which constitutes the
hazard, to take such steps as are necessary to prevent the act or eliminate the
practice which constitutes the hazard. Such action may include, with respect to
a facility or site, permanent or temporary cessation of operation;
2. Requesting that the Attorney General commence an action enjoining such acts
or practices. Upon a showing by the department that a person has engaged in such
acts or practices, a permanent or temporary injunction, restraining order, or
other order may be granted;
3. Issuing an order directing a response action by the Department to eliminate
the hazard and protect the public from exposure to the hazard; and
4. Requesting the Attorney General to commence an action to recover the costs
of the response action from all parties liable under state or federal law."
Permit
SECTION 5. Section 44-56-60 of the 1976 Code is amended to read:
"Section 44-56-60. (a) No person shall construct, substantially alter, or
operate any hazardous waste treatment, storage, or disposal facility or site, nor
shall any person transport, store, treat, or dispose of any hazardous waste
without first obtaining a permit from the department for the facility, site, or
activity. Beginning on July 1, 1985, permitted hazardous waste disposal sites
are restricted to a rate of land disposal by burial not to exceed 135,000 tons
of hazardous waste for each twelve-month period thereafter within the permitted
area of the site. Provided, however, that the Commissioner may allow burial of
waste in excess of that year's limitation, upon certification that disposal, by
land burial from a particular site, is necessary to protect the health and safety
of the people of this State.
Certification must be issued to the party seeking to use land disposal of the
waste, and the certification must be presented to the operator of the facility
at the time of disposal. The facility shall submit this certification with its
regular report to the department of permitted activity at the disposal site.
(b) Any person who:
1. Owns or operates a facility required to have a permit under this section
which facility is in existence on the effective date of this section; and
2. Has complied with the requirements of Section 44-56-120; and
3. Has made an application for a permit under this section is deemed to have
been issued the permit until such time as final administrative disposition of
each application is made by the department, unless final administrative
disposition of each application has not been made because of the failure of the
applicant to furnish information reasonably required or requested in order to
process the application.
(c) Before issuance of a permit, the
Department shall require:
1. Evidence of liability coverage for sudden and nonsudden accidental
occurrences in an amount the Department may determine necessary for the
protection of the public health and safety, and the environment;
2. Evidence of financial assurance in the form and amount as the Department
may determine to be necessary to ensure that, upon abandonment, cessation, or
interruption of the operation of a facility or site, all appropriate measures are
taken to prevent present and future damage to the public health and safety and
to the environment. The Department shall assume continuing responsibility for
environmental monitoring and for any response actions necessary to ensure the
health and safety of the state's citizens for any hazardous waste disposal or
treatment sites permitted under this chapter when the facilities, sites, or
activities close and all responsibilities required of any other party by any
state or federal law or regulation cease. The Department's responsibility for
monitoring and response action is neither a limitation nor a termination of the
liability of generators, transporters, or the operators of the facility under any
provision of law or at common law."
Hazardous Waste Contingency Fund created
SECTION 6. Section 44-56-160 of the 1976 Code is amended to read:
"Section 44-56-160. The Department of Health and Environmental Control is
authorized and directed to establish a Hazardous Waste Contingency Fund to ensure
the availability of funds for response actions necessary at permitted hazardous
waste landfills, and necessary from accidents in the transportation of hazardous
materials, and to defray the costs of governmental response actions at
uncontrolled hazardous waste sites. The Contingency Fund shall be financed
through the imposition of fees provided in Sections 44-56-170 and 44-56-510, and
annual appropriations which must be provided by the General Assembly. Provided,
that an amount equal to $3.00 per ton for wastes reported under Section
44-56-170(A), $4.00 per ton for wastes reported under Section 44-56-170(E), $1.50
per ton for wastes reported under Section 44-56-510(1) and $2.00 per ton for
wastes reported under Section 44-56-510(2), shall be held separate and distinct
within the Fund for the purpose of response actions arising from the operation
of permitted land disposal facilities in this State. Provided, further, from the
fund created for permitted sites, an amount equal to $1.00 a ton for hazardous
waste must be held separate and distinct within the Fund for the purpose of being
returned to the governing body of a county in which a permitted commercial land
disposal facility is located. The funds returned to a county must be used by the
local law enforcement, fire, health care, and emergency units to provide
protection, assistance, and emergency preparedness for any contingency which
might arise from the transportation and disposal site within the county. The
county governing body shall distribute the funds in an equitable manner to the
involved local units including, but not limited to, municipalities and special
purpose districts, as well as county entities. The State Treasurer shall
disperse the funds annually to counties which contain commercial hazardous waste
land disposal sites. Any interest accruing from the management of the funds held
pursuant to this section must be credited to the Contingency Fund."
Report required
SECTION 7. Section 44-56-170 of the 1976 Code is amended to read:
"Section 44-56-170. (A) Each generator shall, no later than thirty days
after the end of each calendar quarter, submit a written report to the Department
including, but not limited to, the following information:
1. Effective October 1, 1985, certification that he has a program in place to
reduce the volume or quantity and toxicity of such waste to the degree determined
by the generator to be economically practicable; and
2. Effective October 1, 1985, certification that the proposed method of
treatment, storage, or disposal is that practicable method currently available
to the generator which minimizes the present and future threat to human health
and the environment;
3. the types and quantities of hazardous wastes generated;
4. the types and quantities of these wastes shipped for treatment and disposal
by landfilling or other means of land disposal;
5. the types and quantities of these wastes remaining in storage at the end
of the reporting period; and
6. a check made payable to the Department for the amount of fee imposed on
these wastes by the provisions of paragraph C.
(B) Each owner/operator of a hazardous waste facility shall, no later than
thirty days after the end of each calendar quarter, submit a written report to
the Department including, but not limited to the following information:
1. the types and quantities of hazardous wastes generated;
2. the types and quantities of hazardous wastes received at the facility
during the reporting period;
3. the types and quantities of hazardous wastes treated, disposed of, and
otherwise handled during the reporting period; and
4. a check made payable to the Department for the amount of fees imposed by
paragraph C for any wastes generated by the facility and handled in such manner
as prescribed by its provisions; by paragraph D; and by paragraph E.
Each owner/operator of a hazardous waste facility is, no later than thirty days
after the end of each calendar quarter, required to submit to the Department
certification from any out-of-state generator that effective October 1, 1985:
(1) The generator has a program in place to reduce the volume or quantity and
toxicity of such waste to the degree determined by the generator to be
economically practicable; and
(2) The proposed method of treatment, storage, or disposal is that practicable
method currently available to the generator which minimizes the present and
future threat to human health and the environment;
(C) There is hereby imposed a fee of $13.00 per ton of hazardous wastes
generated and disposed of in this State by landfilling or other means of land
disposal.
(D) There is hereby imposed a fee of $1.00 per ton of hazardous wastes in
excess of 50 tons remaining in storage at the end of the reporting period.
(E) For all hazardous wastes generated outside of the State and received at
a facility during the quarter each owner/operator of a hazardous waste land
disposal facility shall remit to the Department an amount equal to the per ton
fee imposed on out-of-state waste by the state from which the hazardous waste
originated but in any event no less than $18.00 per ton."
Department to consider risk
SECTION 8. Section 44-56-180 of the 1976 Code is amended to read:
"Section 44-56-180. (a) In determining the use of the fund for a
particular governmental response action, the Department shall consider the
relative risk of danger to public health or welfare or the environment and the
hazard potential of the substances involved including potential for fire,
explosions, release of harmful air contaminants, direct human contact,
contamination of surface water or groundwater including those used for drinking
water supplies, and damages to sensitive ecosystems. The Department must,
concurrent with taking a governmental response action, initiate the appropriate
administrative action to exhaust any applicable liability insurance or other
financial assurance mechanisms which have been provided by the responsible party
and, where appropriate, funds available through P.L. 96-510. Use of the Fund for
a response action is not stayed by any action for recovery. The Department must
initiate any legal actions which may reasonably result in recovery from the
parties liable for the conditions necessitating the response action. Any funds
recovered in relation to a response action from whatever source are to be placed
in the Fund.
(b) The Department shall annually make a report to the General Assembly on the
activities and response actions that have been carried out under the auspices of
the Contingency Fund. The Department shall annually provide a report to the
committees of each House with oversight of industry and natural resources on its
program to identify and clean up uncontrolled hazardous waste sites. The
appropriate committees shall have the authority to study the transportation and
disposal of hazardous waste in South Carolina."
Waste assessments
SECTION 9. Chapter 56, Title 44 of the 1976 Code is amended by adding:
"Article 5
Waste Assessments
Section 44-56-510. Any waste disposed of in a land disposal site permitted to
receive hazardous waste for disposal and not assessed a fee under the provisions
of Article 1 of this chapter must be assessed as follows:
(1) A fee of $5.00 per ton of wastes generated and disposed of in this State
by landfilling or other means of land disposal.
(2) For all wastes generated outside of the State and received at a facility
during the quarter, each owner/operator of a hazardous waste land disposal
facility shall remit to the Department a fee of $7.50 per ton."
Time effective
SECTION 10. This act shall take effect upon approval by the Governor. |