South Carolina Legislature


 

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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.




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