H*4369 Session 109 (1991-1992)
H*4369 Resolution, By Jennings, R.L. Altman, Anderson, R.A. Barber, J.M. Baxley,
D.M. Beasley, D.W. Beatty, Boan, H. Brown, K.T. Burch, A.W. Byrd, Canty,
K.S. Corbett, Cork, J.L.M. Cromer, Delleney, Elliott, L.L. Elliott, T.L. Farr,
S.R. Foster, L.E. Gentry, Glover, J.P. Harrelson, J.L. Harris, Harvin,
B.H. Harwell, J.H. Hodges, W.S. Houck, Inabinett, Keegan, K.G. Kempe, Kennedy,
H.H. Keyserling, M.H. Kinon, S.G. Manly, Martin, L.M. Martin, J.G. McAbee,
McCraw, J.T. McElveen, McKay, D.E. McTeer, Neilson, Phillips, Riser, Scott,
J.J. Snow, L.S. Taylor, Townsend, C.Y. Waites, L.S. Whipper, J.B. Wilder and
D.A. Wright
A House Resolution to memorialize the Southeast Compact Commission for
Low-Level Radioactive Waste Management to adopt a "Good Neighbor" policy
precluding the location of any new low-level radioactive waste disposal
facility on any site within ten miles of the border of any neighboring state
and calling upon the South Carolina delegates to the Southeast Compact
Commission to insist upon inclusion of such a policy in any milestones which
are presented to the Regional Compact Commission.
02/05/92 House Introduced HJ-21
02/05/92 House Referred to Committee on Invitations and Memorial
Resolutions HJ-24
02/12/92 House Committee report: Favorable Invitations and
Memorial Resolutions HJ-23
02/13/92 House Adopted HJ-20
COMMITTEE REPORT
February 12, 1992
H. 4369
Introduced by REPS. Jennings, Harrelson, D. Elliott, Cromer, Barber,
Keyserling, Gentry, Wilder, J. Harris, Beasley, Baxley, Harwell, K.
Burch, Kempe, Waites, Keegan, Scott, Farr, Neilson, Hodges, Canty,
Glover, Riser, McCraw, Houck, Townsend, Anderson, Kinon, L. Elliott,
McAbee, Altman, McKay, Whipper, Kennedy, Boan, H. Brown, L.
Martin, Inabinett, Cork, Taylor, Snow, Corbett, Byrd, Wright, Harvin,
McElveen, Phillips, Beatty, Manly, McTeer, Foster, M. Martin and
Delleney
S. Printed 2/12/92--H.
Read the first time February 5, 1992.
THE COMMITTEE ON
INVITATIONS AND MEMORIAL
RESOLUTIONS
To whom was referred a House Resolution (H. 4369), to memorialize
the Southeast Compact Commission for low-level radioactive waste
management to adopt a "Good Neighbor" policy, etc.,
respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass:
SAMUEL R. FOSTER, for Committee.
A HOUSE RESOLUTION
TO MEMORIALIZE THE SOUTHEAST COMPACT COMMISSION
FOR LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT TO
ADOPT A "GOOD NEIGHBOR" POLICY PRECLUDING
THE LOCATION OF ANY NEW LOW-LEVEL RADIOACTIVE
WASTE DISPOSAL FACILITY ON ANY SITE WITHIN TEN MILES
OF THE BORDER OF ANY NEIGHBORING STATE AND CALLING
UPON THE SOUTH CAROLINA DELEGATES TO THE
SOUTHEAST COMPACT COMMISSION TO INSIST UPON
INCLUSION OF SUCH A POLICY IN ANY MILESTONES WHICH
ARE PRESENTED TO THE REGIONAL COMPACT COMMISSION.
Whereas, the State of South Carolina has willingly and cooperatively
met its obligations under the Southeast Low-Level Radioactive Waste
Management Compact Law as the first host state and has continued to
host a low-level radioactive waste disposal facility at Barnwell for in
excess of twenty years; and
Whereas, under the compact agreement, "It is the policy of the
party states to enter into a regional low-level radioactive waste
management compact for the purpose of providing the instrument and
framework for a cooperative effort . . . to distribute the costs, benefits,
and obligations of successful low-level radioactive waste management
equitably among the party states . . ."; and
Whereas, the State of North Carolina has been designated as the second
host state for the next southeast regional low-level radioactive waste
facility; and
Whereas, the State of North Carolina is proceeding to investigate and
possibly develop its low-level waste facility on a site that is only two
and three-tenths miles from the South Carolina border; and
Whereas, the site designated for investigation for the facility is adjacent
to headwaters of tributaries of the Great Pee Dee and Little Pee Dee
Rivers which serve as a major surface water supply for public water
systems in northeastern South Carolina, including the Pee Dee and
Grand Strand areas; and
Whereas, the North Carolina site is located in an area that discharges
groundwater to the surface and into the Great Pee Dee and Little Pee
Dee Rivers, and it is also located in an area of recharge for the
Middendorf Formation which is a prolific, good quality aquifer used as
a source of well water extensively in South Carolina; and
Whereas, it is acknowledged by reputable experts and agencies,
including the United States Geological Survey and the International
Atomic Energy Agency, that groundwater and surface water are
mediums which have the highest potential for transport of accidental or
undetected releases of radionuclides; and
Whereas, the site under consideration, which is located in Richmond
County, North Carolina, poses a perceived and/or potentially real impact
on large areas of South Carolina should a release of radionuclides occur
from the facility; and
Whereas, the site in Richmond County, North Carolina, would impact
a comparably small area of North Carolina and would present potential
risks to a large concentration of people only in South Carolina; and
Whereas, if the site in Richmond County, North Carolina, is developed
as the next regional facility, such action would be contrary to the intent
of the Southeast Low-Level Radioactive Waste Management Compact
provisions to "distribute the costs, benefits and obligations of
successful low-level radioactive waste management equitably among the
party states"; and
Whereas, the State of North Carolina has not met its obligations
pursuant to the compact agreement in establishing a regional facility
within the time frame established by the Southeast Compact
Commission; and
Whereas, the Southeast Compact agreement effectively terminates the
Barnwell, South Carolina, site as a regional facility on December 31,
1992, unless such date is amended by the South Carolina General
Assembly; and
Whereas, Article V Section (b) of the Southeast Compact agreement
provides that "a host state is not prevented from closing its facility
or establishing conditions of use and operations as necessary for the
protection of the health and safety of its citizens"; and
Whereas, the State of South Carolina has arduously supported and
complied with the Southeast Compact agreement and the Low-Level
Radioactive Waste Policy Act (P.L. 96-573) adopted by the United
States Congress; and
Whereas, the people of the State of South Carolina have sacrificed to an
extent unmatched by any other state in the Southeast Region or the
nation; and
Whereas, the State of South Carolina is willing to support the efforts of
its sister states to insure that the Southeast Compact remains intact to
support and enhance the economy of South Carolina and the Southeast
Region; and
Whereas, the Southeast Compact Commission recommended on October
25, 1991, that South Carolina extend the closing date of the Barnwell
facility beyond December 31, 1992; and
Whereas, the Southeast Compact Commission will meet on February 14,
1992, in Atlanta to consider certain milestones which are to be met by
the State of North Carolina in its siting and building of a low-level
radioactive waste disposal facility; and
Whereas, the location of any low-level radioactive waste disposal site on
the immediate border of any other neighboring state within the Southeast
Region is an indication of bad faith and is violative of the spirit of equity
and fairness contemplated by the Regional Compact agreements and
law. Now, therefore,
Be it resolved by the House of Representatives:
That the Southeast Compact Commission for Low-Level Radioactive
Waste Management is memorialized to promulgate within its site
selection criteria and within any milestones which are promulgated for
the State of North Carolina a "good neighbor policy"
precluding the location of any new low-level radioactive waste facility
site within ten miles of the border of any neighboring state.
Be it further resolved that the South Carolina House of Representatives
calls upon the South Carolina delegates to the Southeast Compact
Commission to present this resolution to the full commission and insists
upon inclusion of such a policy in any milestones which North Carolina
must agree to meet.
Be it further resolved that the South Carolina House of Representatives
observe the action taken on this resolution by the Southeast Compact
Commission and by the State of North Carolina as an indication of
whether or not the Southeast Compact Commission and the State of
North Carolina are acting in good faith in carrying out the compact's
goals of fairness and equity.
Be it further resolved that a copy of this resolution be forwarded to the
Southeast Compact Commission for Low-Level Radioactive Waste
Management, Suite 100, 3901 Barrett Drive, Raleigh, North Carolina
27609, and to the South Carolina Commissioners of the Southeast
Compact Commission for Low-Level Radioactive Waste Management.
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