H*3575 Session 103 (1979-1980)
H*3575(Rat #0609, Act #0491 of 1980) General Bill, By J.L. Rampey,
H.L. Barksdale, P.T. Bradley, D.M. Bruce, R.L. Carter, C.D. Chamblee, R.L. Cobb,
M.J. Cooper, M.R. Daniel, J.C. Duncan, T.W. Edwards, H.C. Granger, P.B. Harris,
D.O. Hawkins, B.L. Hendricks, W.R. Lee, Martin, R.N. McLellan, T.W. Mitchell,
Phillips, L. Phillips and J.C. Pracht
Similar(S 989)
A Bill to authorize certain governing bodies in this State to create Joint
Agencies to provide for the processing and disposal of solid wastes and the
recovery and sale of usable resources and provide for their powers and duties;
and to provide for the issuance of bonds of such Joint Agencies to finance the
costs of facilities or interest and provide for the payment of such bonds.
03/04/80 House Introduced and read first time HJ-1228
03/04/80 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-1229
05/13/80 House Committee report: Favorable Medical, Military,
Public and Municipal Affairs HJ-2756
05/27/80 House Amended HJ-3158
05/27/80 House Read second time HJ-3160
05/28/80 House Read third time and sent to Senate HJ-3240
05/28/80 Senate Introduced, read first time, placed on calendar
without reference SJ-10
05/29/80 Senate Read second time SJ-73
06/04/80 Senate Read third time and enrolled SJ-53
06/05/80 House Ratified R 609 HJ-3674
06/09/80 Signed By Governor
06/09/80 Effective date 06/09/80
06/09/80 Act No. 491
06/24/80 Copies available
(A491, R609, H3575)
AN ACT TO AUTHORIZE CERTAIN GOVERNING BODIES IN THIS STATE TO CREATE JOINT
AGENCIES TO PROVIDE FOR THE PROCESSING AND DISPOSAL OF SOLID WASTES AND THE
RECOVERY AND SALE OF USABLE RESOURCES AND PROVIDE FOR THEIR POWERS AND DUTIES;
AND TO PROVIDE FOR THE ISSUANCE OF BONDS OF SUCH JOINT AGENCIES TO FINANCE THE
COSTS OF FACILITIES OR INTERESTS AND PROVIDE FOR THE PAYMENT OF SUCH BONDS.
Be it enacted by the General Assembly of the State of South Carolina:
Findings and determination by General Assembly
Section 1. The General Assembly finds and determines that:
Cities, counties and certain other political subdivisions (the governing
bodies) in this State are empowered severally to engage in the disposal of
solid wastes and own and operate systems for such disposal in their respective
service areas.
Such governing bodies owning solid waste disposal systems have an obligation
to provide their inhabitants and customers an adequate, reliable and
economical means for the disposal of solid wastes.
Recent technological developments have made feasible the recovery of
commercially usable resources, including energy, from solid wastes and the
employment of such technology is both ecologically desirable and virtually
mandatory in view of the scarcity of energy resources.
In order to achieve the economies and efficiencies made possible by the
proper planning, financing and location of facilities for the disposal of
solid waste and the recovery of resources which are not practical for any
governing body acting alone and to insure an adequate, reliable and economical
means for the disposal of solid waste for the people of this State it is
desirable for the General Assembly to authorize governing bodies to jointly
plan, finance, develop, own,sell, lease and operate facilities appropriate to
their needs in order to provide for their present and future waste disposal
requirements.
The creation of joint agencies to serve the areas of more than one governing
body which may own solid waste disposal systems for the joint planning,
financing, development, ownership and operation of such facilities and the
issuance of bonds by such joint agencies for such purposes as provided in this
act is for a public use and for public purposes and is a means of achieving
economies in ecologically and economically sound disposal of solid wastes and
in the meeting of future needs of this State and its inhabitants.
Act may be cited
Section 2. This act may be cited as the "Solid Waste Disposal-Resource
Recovery Facilities Act".
Definitions
Section 3. The following terms whenever used or referred to in this act
shall have the following meanings unless a different meaning clearly appears
from the context:
(a) "Joint agency" means a public body and body corporate and
politic organized in accordance with the provisions of this act.
(b) "State" means the State of South Carolina.
(c) "Project" means any project undertaken by a joint agency for
any one or more of the following purposes: the collection, transfer or
disposal of solid wastes the recovery of resources, including energy, from
solid wastes; the processing of solid wastes or resources in order to
facilitate such disposal or recovery; or the sale of recovered resources.
(d) "Cost", with respect to a project, means all costs of
planning, designing, constructing and financing such projects including fees
for professional services, costs of insurance, costs for principal interest
during planning, designing and construction and for up to one year thereafter
and reserves deemed necessary or desirable in connection with a project.
(e) "Governing bodies" means each political subdivision or entity
of the State empowered to or responsible for the disposal of solid waste.
(f) "Member" of a joint agency means those governing bodies which
have agreed to create a joint agency to undertake the ownership, operation,
maintenance, financing or contractual use of a project.
Powers
Section 4. In addition to the powers granted to governing bodies, any two or
more governing bodies may form a joint agency to plan, finance, develop,
acquire, purchase, construct, reconstruct, improve, enlarge, own, lease, sell,
operate or maintain a project situated within this State. Each governing body
may severally make such plans and enter into such contracts in connection with
the foregoing, not inconsistent with the provisions of this act, as are
necessary or appropriate.
Nothing contained herein shall be construed to prevent a single governing
body from undertaking studies to determine whether there is a need for a
project or whether such project is feasible or undertaking the project or
facilities similar to a project singly and individually.
Governing bodies may create joint agency
Section 5. Any two or more governing bodies may by resolution or ordinance
as appropriate determine that it is in the best interests of themselves and
their residents to create a joint agency for the purpose of undertaking the
planning, financing, development, acquisition, purchase, construction,
reconstruction, improvement, enlargement, ownership, sale, lease, operation or
maintenance of a project to provide for the present and future needs of the
inhabitants and residents of their service areas as an alternative to or
supplementary of severally and individually assuming the responsibilities of
ownership in a project.
Each resolution or ordinance shall be premised upon a finding that the
creation of a joint agency is in the best interests of the governing body and
its residents for one or more of the following reasons:
(a) That a joint agency may be able to finance the cost of a project in a
more efficient and economical manner;
(b) That a better financial market acceptance may result if one entity is
responsible for issuing all of the bonds and incurring all other debt required
for a project in a timely and orderly manner;
(c) That fiscal savings and other advantages may be obtained by providing a
separate entity responsible for the acquisition, purchase, construction,
ownership and operation of a project.
If the creation of a joint agency is found to be in the best interests of a
governing body, notice of the adoption of such ordinance or resolution shall
be published once a week for two consecutive weeks in a newspaper of general
circulation within the county in which such governing body is located. Any
person affected by the action of such governing body may institute an action
in the circuit court for the county in which such governing body is located
within twenty days following the last publication of the notice prescribed
challenging the action of such governing body.
Application filed with Secretary of State
Section 6. Upon fulfilling the requirements set forth in Section 5, each
governing body which determines that its participation in the proposed joint
agency is in its best interest shall by resolution appoint one representative
to the proposed joint agency. Any two or more representatives shall file with
the Secretary of State an application signed by the representative of each
proposed member setting forth:
(a) The names of all the proposed members and their respective appointed
representatives;
(b) A certified copy of (i) the resolution or ordinance of each member
determining it is in its best interest to participate in the proposed joint
agency and (ii) the resolution appointing such member's representative;
(c) The desire that the joint agency be organized as a public body and a
body corporate and politic under this act;
(d) The name which is proposed for the joint agency.
The Secretary of State shall file the application if after examining it and
determining that it complies with the requirements set forth above and that
the proposed name of the joint agency is not identical with that of any other
corporation of the State or any agency or instrumentality or so nearly similar
as to lead to confusion and uncertainty.
After the application has been made and filed, the Secretary of State shall
issue a corporate certificate which shall be filed with the application and
the joint agency shall then be constituted a public body corporate and politic
under the name proposed in the application. The corporate certificate shall
set forth the names of the members and the name of the joint agency. Notice of
the issuance of such corporate certificate shall be given to all members of
the joint agency by the Secretary of State.
In any suit, action or proceeding involving the validity or enforcement of,
or relating to, any contract of a joint agency, the joint agency in the
absence of establishing fraud shall be conclusively deemed to have been
established in accordance with the provisions of this act upon proof of the
issuance of the certificate by the Secretary of State. A copy of such
certificate, duly certified by the Secretary of State, shall be admissible in
evidence in any such suit, action or proceeding and shall be conclusive proof
of the filing and contents.
Board of Directors of agency
Section 7. (a) The management and control of a joint agency shall be vested
in a board of directors. The governing body of each member of a joint agency
shall appoint a representative who shall be a director of the joint agency.
The representative may be an officer or employee of the member and may also
serve ex officio as a member of the board of directors. Each director shall
have not less than one vote and may have such additional votes as a majority
of the members of the joint agency shall determine. Each director shall serve
at the pleasure of the governing body by which he was appointed. Each
appointed member director, before entering upon his duties, shall take and
subscribe to an oath before a person authorized by law to administer oaths to
execute the duties of his office faithfully and impartially and a record of
each such oath shall be filed with the governing body of the appointing
authority.
(b) The board of directors of the joint agency shall annually elect, with
each director having one vote, one of the directors as chairman, another as
vice chairman and other persons who may, but need not be directors, as
treasurer, secretary and, if desired, assistant secretary. The office of
treasurer may be held by the secretary or assistant secretary. The board of
directors may also appoint such additional officers as it deems necessary. The
secretary or assistant secretary of the joint agency shall keep a record of
the proceedings of the joint agency and the secretary shall be the custodian
of all books, records, documents and papers filed with the joint agency, the
minute book or journal of the joint agency and its official seal.
(c) A majority of the directors of the joint agency shall constitute a
quorum. A vacancy on the board of directors of the joint agency shall not
impair the right of a quorum to exercise all rights and perform all the duties
of a joint agency. Any action taken by the joint agency under the provisions
of this act may be authorized by resolution at any regular or special meeting
held pursuant to notice in accordance with bylaws of the joint agency and each
such resolution shall take effect immediately and need not be published or
posted. Except as is otherwise provided in this act or in the bylaws of the
joint agency, a majority of the votes which the directors present are entitled
to cast, with a quorum present, shall be necessary and sufficient to take any
action or to pass any resolution. No director of a joint agency shall receive
any compensation solely for the performance of duties as a director but each
director may be paid per diem, mileage and subsistence expenses, as
provided,by law for state boards, committees and commissions, incurred while
engaged in the performance of such duties.
Membership in agency
Section 8. After the creation of a joint agency, any other governing body
may become a member upon:
(a) Adoption of a resolution or ordinance complying with the requirements of
Section 5 including publication of notice;
(b) Submission of an application to the joint agency;
(c) Approval of such application by resolution of the governing body of each
member of such joint agency.
Any member may withdraw from a joint agency by resolution or ordinance of
its governing body. All contractual rights acquired and contractual
obligations incurred by a member while it was a member shall remain in full
force and effect.
Notice of any change in membership shall be filed in the office of the
Secretary of State and no change shall be final until such filing.
Dissolution of agency
Section 9. Whenever the Board of directors of a joint agency and the
governing body of each of its members shall by resolution or ordinance
determine that the purposes for which the joint agency was formed have been
substantially fulfilled and that all bonds issued and all other obligations
incurred by the joint agency have been fully paid or satisfied, such board of
directors and members may declare the joint agency to be dissolved. On the
effective date of such resolution or ordinance the title to all funds and
other property owned by the joint agency at the time of such dissolution shall
be disbursed to the members of the joint agency according to its bylaws.
Board may create executive committee
Section 10. The board of directors of a joint agency may create an executive
committee, the composition of which shall be set forth in the bylaws of the
joint agency. The composition of the executive committee shall afford a fair
representation of the members. The executive committee may exercise such
powers during intervals between the board's meetings as provided by the board.
The terms of office of the members of the executive committee and the method
of filling vacancies shall be fixed by the bylaws of the joint agency.
Powers of joint agency
Section 11. Each joint agency shall have all the rights and powers of a
public body politic and corporate of this State, including, without
limitation, all the rights and powers necessary or convenient to carry out and
effectuate the provisions of this act, including but not limited to, rights
and powers:
(a) To adopt bylaws for the regulation of the affairs and the conduct of its
business and to prescribe rules, regulations and policies in connection with
the performance of its functions and duties;
(b) To adopt an official seal and alter it at pleasure;
(c) To maintain an office at such place as it may determine;
(d) To sue and be sued in its own name and to plead and be impleaded;
(e) To receive, administer and comply with the conditions and requirements
respecting any gift, grant or donation of any property or money;
(f) To acquire by purchase, lease, gift or otherwise or to obtain options
for the acquisition of any property, real or personal, improved or unimproved,
including an interest in land less than the fee in conformity with state law;
(g) To sell, lease, exchange, transfer or otherwise dispose of or to grant
options for any such purposes with respect to any real or personal property or
interest therein in conformity with state law;
(h) To pledge or assign any money, rents, charges or other revenues and any
proceeds derived by the joint agency from the sales of property, insurance or
condemnation awards;
(i) To issue bonds of the joint agency for the purpose of providing funds
for any of its corporate purposes;
(j) To authorize the construction, operation or maintenance of any project
by any person, firm or corporation, including political subdivisions and
agencies of any state of the United States;
(k) To acquire by negotiated purchase or lease one or more projects which
may be an existing project, project under construction or other property,
either individually or jointly, with one or more other governing bodies or
joint agencies in this State;
(l) To fix, charge and collect rents, rates, fees and charges for solid
waste disposal and other services, facilities and commodities sold, furnished
or supplied through any project;
(m) To generate, produce, transmit, deliver, exchange, purchase or sell
electric power or energy or other form of energy derived from a project and to
enter into contracts for any or all such purposes, subject to the provisions
of Section 12;
(n) To negotiate and enter into contracts for the acquisition of solid
wastes from any county, other governmental unit, or private businesses;
(o) To negotiate and enter into contracts for the sale of any recoverable
resources derived from solid waste;
(p) To own, operate or maintain or provide for the ownership, operation or
maintenance of any transportation, compacting or other facilities necessary or
desirable for the collection and transport of solid waste to any of its
projects;
(q) To own, operate and maintain a landfill or system of landfills or other
similar facilities for the disposal of solid waste;
(r) To make and execute contracts and other instruments necessary or
convenient in the exercise of the powers and functions of the joint agency
under this act, including contracts with persons, firms, corporations and
others;
(s) To apply to the appropriate agencies of the State, the United States or
any state thereof, and to any other proper agency for such permits, licenses,
certificates or approvals as may be necessary and to construct, maintain and
operate projects in accordance with such licenses, permits, certificates or
approvals and to obtain, hold and use any licenses, permits, certificates or
approvals in the same manner as any other person or operating unit of any
other person, previously obtained by such person;
(t) To employ engineers, architects, attorneys, appraisers, financial
advisors and such other consultants and employees as may be required in the
judgment of the joint agency and to fix and pay their compensation from funds
available to the joint agency therefor.
Agency may incur debt
Section 12. A joint agency may incur debt for any of its purposes and may
issue bonds pledging to the payment as to both principal and interest the
revenues, or any portion, derived or to be derived from all or any of its
projects and any additions and betterments or extensions or contributions or
advances from its members.
Prohibition
Section 13. No joint agency shall undertake any project required to be
financed, in whole or in part, with the proceeds of bonds without the approval
of the governing bodies of each member.
Personnel of joint agency
Section 14. Personnel employed or appointed by a member to work for a joint
agency shall have the same authority, rights, privileges and immunities
(including coverage under the workmen's compensation laws) which the officers,
agents and employees of the appointing member enjoy within the territory of
that member whether within or without the territory of the appointing member
when they are acting within the scope of their authority or in the course of
their employment.
Personnel employed or appointed directly by a joint agency shall be
qualified for participation in the South Carolina Retirement System, with the
same rights, privileges, obligations and responsibilities as they would have
if they were employees of a municipality, if they are residents of this State.
Agency to submit annual report
Section 15. Each joint agency shall, following the closing of each fiscal
year, submit an annual report of its activities for the preceding year to each
member. Each report shall set forth a complete operating and financial
statement covering the operations of the joint agency during the year. The
joint agency shall cause an audit of its books of record and accounts to be
made at least once in each year by a certified public accountant and the cost
may be treated as a part of the cost of construction of a project or otherwise
as part of the expense of administration of a project covered by such audit.
Board of agency may enter into contracts
Section 16. The board of directors of a joint agency may make application
and enter into contracts for and accept grants in aid and loans from the
federal and state governments and their agencies for planning, acquiring,
constructing, expanding, maintaining and operating any project or facility or
participating in any research or development program or performing any
function which any of the members of the joint agency may be authorized by
general or local law to provide or perform.
In order to exercise the authority granted by this section, the board of
directors of a joint agency may:
(a) Enter into and carry out contracts with the state or federal government
or any agency or institution under which such government, agency or
institution grants financial or other assistance to the member or joint
agency;
(b) Accept such assistance or funds as may be granted or loaned by the state
or federal government with or without such a contract;
(c) Agree to and comply with any reasonable conditions which are imposed
upon such grants or loans;
(d) Make expenditures from any funds so granted.
Agency shall possess power of eminent domain
Section 17. Any joint agency shall possess the power of eminent domain
within the jurisdictional limits of any of its members in accordance with
Section 5-7-50 and Chapter 9 of Title 28 of the 1976 Code in order to
effectuate the purposes of this act and shall exercise such power in
accordance with Chapter 9 of Title 28 of the 1976 Code.
Sections deemed supplemental powers
Section 18. The foregoing sections shall be deemed to provide an additional
method for doing the things authorized and shall be deemed and construed to be
supplemental to powers conferred by existing laws and shall not be regarded in
derogation of any powers now existing. If any provisions of this act are
inconsistent with the provisions of other general, special or local laws, the
provisions of this act shall be controlling.
Provision to be liberally construed
Section 19. The Provisions of this act shall be liberally construed.
Immunity from suit waived
Section 20. The General Assembly waives and withdraws from the joint
agencies authorized by this act their immunity from suit of every kind and
description whether the suit is in tort, contract or otherwise when the suits
arise out of or are in any way connected with the development, ownership,
operation, maintenance or otherwise of a project or the doing, or failure to
do, of anything authorized by this act.
Time effective
Section 21. This act shall take effect upon approval by the Governor. |