H*2482 Session 105 (1983-1984)
H*2482(Rat #0459, Act #0397 of 1984) General Bill, By J.E. Kinard,
T.M. Burriss, C.M. Dangerfield, L.I. Hendricks, H.H. Keyserling, Martin,
J. Murray and J.H. Toal
A Bill to relieve persons from civil damages when providing assistance or
advice to mitigate the threatened or actual discharge of hazardous material
and to repeal Item (4) of Section 4 of Act 436 of 1978, relating to
prohibiting owners or operators of a treatment, storage, or disposal facility
from accepting hazardous waste generated in another state or banned by law in
that State.-amended title
02/10/83 House Introduced and read first time HJ-816
02/10/83 House Referred to Committee on Judiciary HJ-816
05/18/83 House Recalled from Committee on Judiciary HJ-2944
05/25/83 House Amended HJ-3075
05/25/83 House Read second time HJ-3076
05/26/83 House Read third time and sent to Senate HJ-3150
05/26/83 Senate Introduced and read first time SJ-1506
05/26/83 Senate Referred to Committee on Judiciary SJ-1506
03/07/84 Senate Committee report: Favorable with amendment
Judiciary SJ-915
05/02/84 Senate Read second time SJ-1645
05/02/84 Senate Ordered to third reading with notice of
amendments SJ-1645
05/02/84 Senate Special order SJ-1646
05/03/84 Senate Amended SJ-1681
05/03/84 Senate Read third time SJ-1681
05/03/84 Senate Returned SJ-1681
05/08/84 House Concurred in Senate amendment and enrolled HJ-2933
05/15/84 Ratified R 459
05/17/84 Signed By Governor
05/17/84 Effective date 05/17/84
05/17/84 Act No. 397
05/31/84 Copies available
(A397, R459, H2482)
AN ACT TO RELIEVE PERSONS FROM CIVIL DAMAGES WHEN PROVIDING ASSISTANCE OR
ADVICE TO MITIGATE THE THREATENED OR ACTUAL DISCHARGE OF HAZARDOUS MATERIAL AND
TO REPEAL ITEM (d) OF SECTION 4 OF ACT 436 OF 1978, RELATING TO PROHIBITING
OWNERS OR OPERATORS OF A TREATMENT, STORAGE, OR DISPOSAL FACILITY FROM ACCEPTING
HAZARDOUS WASTE GENERATED IN ANOTHER STATE OR BANNED BY LAW IN THAT STATE.
Be it enacted by the General Assembly of the State of South Carolina:
Definitions
SECTION 1. As used in this act:
(A) "Discharge" means leakage, seepage, or other release.
(B) "Hazardous materials" means all materials and substances defined
as hazardous by any state or federal law or regulation.
(C) "Person" means any individual, partnership, corporation,
association, or other entity.
Immunities
SECTION 2. Any person who in good faith gratuitously provides assistance or
advice in mitigating or attempting to mitigate the effects of an actual or
threatened discharge of hazardous materials, or in preventing, cleaning up, or
disposing of or in attempting to prevent, clean up, or dispose of any such
discharge, is not subject to civil damages unless an injury or damages result
from the gross negligence, recklessness, or intentional misconduct of such
person.
Applicability
SECTION 3. The immunities provided in Section 2 apply only to any person:
(A) Whose act or omission did not cause the actual or threatened discharge and
who would not otherwise be liable therefor, or
(B) Who renders such assistance or advice voluntarily and without
compensation, or who is an employee of an industry, corporation, or group which
renders such advice or assistance without compensation.
Repeal
SECTION 4. Item (d) of Section 4, of Act 436 of 1978, as last amended by
subsection C, of Section 31, Part II, of Act 151 of 1983 is hereby
repealed."
Time effective
SECTION 5. This act shall take effect upon approval by the Governor. |