H*2678(Rat #0178, Act #0127 of 1981)  General Bill, By B. Campbell and 
H.H. Keyserling
 A Bill to amend Sections 13-7-120 and 13-7-140, Code of Laws of South
 Carolina, 1976, relating to regulation of the transportation and disposal of
 radioactive waste, so as to clarify and expand the definitions of certain
 terms used in Article 2, Chapter 7 of Title 13, and permit the use of a surety
 bond satisfactory to the Department of Health and Environmental Control in
 lieu of a hold harmless agreement by government transporters of radioactive
 waste to indemnify the State against possible damages.-at

   04/07/81  House  Introduced and read first time HJ-1687
   04/07/81  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-1687
   05/07/81  House  Committee report: Favorable Labor, Commerce and
                     Industry HJ-2278
   05/13/81  House  Amended HJ-2389
   05/13/81  House  Read second time HJ-2389
   05/14/81  House  Read third time and sent to Senate HJ-2430
   05/20/81  Senate Introduced and read first time SJ-12
   05/20/81  Senate Referred to Committee on Medical Affairs SJ-12
   06/02/81  Senate Committee report: Favorable with amendment
                     Medical Affairs SJ-9
   06/04/81  Senate Amended SJ-32
   06/04/81  Senate Read second time SJ-32
   06/10/81  Senate  Read third time SJ-16
   06/10/81  Senate Returned SJ-16
   06/11/81  House  Concurred in Senate amendment and enrolled HJ-3173
   06/23/81  House  Ratified R 178 HJ-3331
   06/26/81         Signed By Governor
   06/26/81         Effective date 06/26/81
   06/26/81         Act No. 127
   07/10/81         Copies available

AN ACT TO AMEND SECTIONS 13-7-120 AND 13-7-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF THE TRANSPORTATION AND DISPOSAL OF RADIOACTIVE WASTE, SO AS TO CLARIFY AND EXPAND THE DEFINITIONS OF CERTAIN TERMS USED IN ARTICLE 2, CHAPTER 7 OF TITLE 13, AND PERMIT THE USE OF A SURETY BOND SATISFACTORY TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IN LIEU OF A HOLD HARMLESS AGREEMENT BY GOVERNMENT TRANSPORTERS OF RADIOACTIVE WASTE TO INDEMNIFY THE STATE AGAINST POSSIBLE DAMAGES.

Be it enacted by the General Assembly of the State of South Carolina:

Definitions

SECTION 1. Items H, J and K of Section 13-7-120 of the 1976 Code, added by Act 429 of 1980, are amended to read:

"H. 'Permit' means an authorization issued by the Department to any person to transport radioactive wastes or to offer such waste for transport.

J. 'Radioactive waste' means any and all equipment or material which are radioactive or have radioactive contamination and which are required pursuant to any governing laws, regulations or licenses to be disposed of or stored as radioactive waste. Such waste may also be defined as:

(1) 'High-level waste' means either irradiated nuclear reactor fuel or the portion of the material generated in the reprocessing of such irradiated fuel that contains virtually all of the fission products and most of the actinides not separated out during reprocessing.

(2) 'Transuranic waste means waste containing more than ten nanocuries of transuranic activity per gram of material.

(3) 'Low-level radioactive waste' means all radioactive waste which contains less than ten nanocuries of transuranic activity per gram or which is free of any transuranic contaminants; provided, however, that as this subitem does not define 'low-level radioactive waste' by its isotope and curie content except as to transuranic waste and does not define 'low-level radioactive waste' as to its danger to the public, the South Carolina Department of Health and Environmental Control is directed to contact the United States Nuclear Regulatory Commission, the United States Department of Energy and the National Academy of Science and seek their assistance in defining the term 'low-level radioactive waste' as to its isotope and curie strength and as to its potential danger to the general public, and the Department of Health and Environmental Control shall further make a public report as to its findings by September 15, 1981, and shall make recommendations to the General Assembly no later than February 15, 1982, as to its suggestions for changes in the definition of the term 'low-level radioactive waste.' K. 'Shipper' means any person, whether a resident of South Carolina or a nonresident (1) who transports radioactive waste generated by him into or within the State; (2) who transports radioactive waste generated by another person into or within the State; (3) who transfers radioactive waste to a carrier for transportation into or within the State; or (4) who transfers radioactive waste to another person if such wastes are transported into or within the State. Nothing contained herein shall relieve a person whose activities result in the generation of radioactive waste from primary responsibility under Section 13-7-140 unless provided by regulation of the Department."

Requirements on transportation of radioactive wastes

SECTION 2. Items 2 and 3 of Section 13-7-140 of the 1976 Code, added by Act 429 of 1980, are amended to read:

"2. Comply fully with all applicable laws and administrative rules and regulations, both state and federal, and disposal facility license requirements, regarding the packaging, transportation, storage, disposal and delivery of such wastes.

3. Certify to the Department that it will hold the State of South Carolina harmless for all claims, actions or proceedings in law or equity arising out of radiological injury or damage to persons or property occurring during the transportation of its radioactive waste into or within the State including all costs of defending the same; provided, however, that nothing contained herein shall be construed as a waiver of the state's sovereign immunity. In the event a government shipper is prohibited by law from directly entering into a hold harmless agreement, the Department may accept a surety bond satisfactory to the Department in form and amount which will indemnify the State upon terms and conditions which correspond to the requirements of this section.

Time effective

SECTION 3. This act shall take effect upon approval by the Governor.