S*1279(Rat #0348, Act #0317 of 2000)  General Bill, By Leventis
 A BILL TO AMEND SECTION 44-56-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO REGISTRATION AND FEES FOR DRYCLEANING FACILITIES, SO AS TO
 REVISE DATES BY WHICH A DRYCLEANING FACILITY OWNER OR OPERATOR MUST RECEIVE
 CERTAIN CERTIFICATIONS OR INSTALL CERTAIN CONTAINMENT STRUCTURES, DIKES, OR
 VESSELS, AND TO FURTHER PROVIDE THE REQUIREMENTS FOR THESE CONTAINMENT
 STRUCTURES, DIKES, OR VESSELS; TO AMEND SECTION 44-56-440, RELATING TO
 MORATORIUMS ESTABLISHED ON ADMINISTRATIVE AND JUDICIAL ACTIONS BY THE
 DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CONCERNING DRYCLEANING
 FACILITIES AND WHOLESALE SUPPLY FACILITIES RESULTING FROM THE DISCHARGE OF
 DRYCLEANING SOLVENTS INTO THE SOIL OR WATERS OF THIS STATE, AND THE
 DRYCLEANING FACILITY RESTORATION TRUST FUND FOR SITE REHABILITATION, SO AS TO
 REVISE THE DEDUCTIBLES REQUIRED OF A FACILITY APPLYING FOR MONIES FROM THE
 FUND, AND TO PROVIDE FOR A REFUND OF CERTAIN PREVIOUSLY INCURRED AND APPROVED
 ASSESSMENTS OR REMEDIAL COSTS; AND TO AMEND ACT 119 OF 1995, RELATING TO
 DRYCLEANING FACILITY RESTORATION, THE DRYCLEANING RESTORATION TRUST FUND, AND
 THE REGULATION AND REGISTRATION OF DRYCLEANING FACILITIES, SO AS TO DELETE THE
 PROVISION WHICH REPEALS THE ACT ON JULY 1, 2005.-AMENDED TITLE

   03/23/00  Senate Introduced and read first time SJ-6
   03/23/00  Senate Referred to Committee on Medical Affairs SJ-6
   03/29/00  Senate Committee report: Favorable Medical Affairs SJ-5
   04/06/00  Senate Read second time SJ-62
   04/06/00  Senate Ordered to third reading with notice of
                     amendments SJ-62
   04/20/00  Senate Amended SJ-20
   04/20/00  Senate Read third time and sent to House SJ-20
   04/25/00  House  Introduced and read first time HJ-13
   04/25/00  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-14
   05/17/00  House  Committee report: Favorable Agriculture, Natural
                     Resources and Environmental Affairs HJ-9
   05/23/00  House  Read second time HJ-69
   05/24/00  House  Read third time and enrolled HJ-12
   05/25/00         Ratified R 348
   05/30/00         Signed By Governor
   06/14/00         Effective date 05/30/00
   06/14/00         Copies available
   06/14/00         Act No. 317

AN ACT TO AMEND SECTION 44-56-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND FEES FOR DRYCLEANING FACILITIES, SO AS TO REVISE DATES BY WHICH A DRYCLEANING FACILITY OWNER OR OPERATOR MUST RECEIVE CERTAIN CERTIFICATIONS OR INSTALL CERTAIN CONTAINMENT STRUCTURES, DIKES, OR VESSELS, AND TO FURTHER PROVIDE THE REQUIREMENTS FOR THESE CONTAINMENT STRUCTURES, DIKES, OR VESSELS; TO AMEND SECTION 44-56-440, RELATING TO MORATORIUMS ESTABLISHED ON ADMINISTRATIVE AND JUDICIAL ACTIONS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CONCERNING DRYCLEANING FACILITIES AND WHOLESALE SUPPLY FACILITIES RESULTING FROM THE DISCHARGE OF DRYCLEANING SOLVENTS INTO THE SOIL OR WATERS OF THIS STATE, AND THE DRYCLEANING FACILITY RESTORATION TRUST FUND FOR SITE REHABILITATION, SO AS TO REVISE THE DEDUCTIBLES REQUIRED OF A FACILITY APPLYING FOR MONIES FROM THE FUND, AND TO PROVIDE FOR A REFUND OF CERTAIN PREVIOUSLY INCURRED AND APPROVED ASSESSMENTS OR REMEDIAL COSTS; AND TO AMEND ACT 119 OF 1995, RELATING TO DRYCLEANING FACILITY RESTORATION, THE DRYCLEANING RESTORATION TRUST FUND, AND THE REGULATION AND REGISTRATION OF DRYCLEANING FACILITIES, SO AS TO DELETE THE PROVISION WHICH REPEALS THE ACT ON JULY 1, 2005.

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

Dates and requirements revised

SECTION 1. Section 44-56-470 of the 1976 Code, as last amended by Act 419 of 1998, is further amended to read:

"Section 44-56-470. (A) For each drycleaning facility owned and in operation, the owner or operator of the facility or person shall register with and pay initial registration fees to the Department of Revenue by October 1, 1995, and pay annual or quarterly renewal registration fees as established by the department in regulation. The fee must be accompanied by a notarized certification from the owner, on a form provided by the department, certifying the number of employees employed by the owner for the twelve-month period preceding payment of the fee.

(B) An initial and annual registration fee for each drycleaning facility with:

(1) up to four employees is seven hundred fifty dollars;

(2) five to ten employees is one thousand five hundred dollars;

(3) eleven or more employees is two thousand two hundred fifty dollars.

The fee must be paid within thirty days after receipt of billing by the department.

(C) Revenue derived from the registration fees must be submitted to the State Treasurer and credited to the Drycleaning Facility Restoration Trust Fund.

(D) Before July 1, 2002, an owner or operator of a drycleaning facility or person shall receive certification from the International Fabricare Institute, the Neighborhood Cleaners Association, or some other comparable nationally recognized drycleaning industry association certifying that the operator has demonstrated a level of competency to operate a drycleaning facility in accordance with the highest standards of the drycleaning industry.

(E) Before January 1, 2002, an owner or operator of a drycleaning facility in operation before July 1, 2000, shall install dikes or other containment structures around each machine or item of equipment in which drycleaning solvents are used and around an area in which solvents or waste containing solvents are stored. The containment must meet the following criteria:

(1) the dikes or containment structures must be capable of containing one-third of the capacity of the total tank capacity of each machine;

(2) dikes or containment structures around areas used for storage of solvents or waste containing solvents must be capable of containing one hundred percent of the volume of the largest container stored or retained in the containment structure;

(3) all diked containment areas must be sealed or otherwise made impervious to the drycleaning solvents in use at the facility, including floor surfaces, floor drains, floor joints, and inner dike walls;

(4) to the extent practicable, an owner of a drycleaning facility or person shall seal or otherwise render impervious those portions of all floor surfaces upon which any drycleaning solvents may leak, spill, or otherwise be released;

(5) containment devices must provide for the temporary containment of accidental spills or leaks until appropriate response actions are taken by the owner/operator to abate the source of the spill and remove the product from all areas on which the product has accumulated; and

(6) materials used in constructing the containment structure or sealing the floors must be capable of withstanding permeation by drycleaning solvents in use at the facility for not less than seventy-two hours.

(F) For drycleaning facilities that commence operating on or after July 1, 2000, the owners or operators of these facilities or persons, before the commencement of operations, shall install beneath each machine or item of equipment in which drycleaning solvents are used a rigid and impermeable containment vessel capable of containing one hundred percent of the volume of the largest single tank in the machine or piece of equipment or one-third of the total tank capacity of each machine, whichever is greater. Dikes or containment structures must be installed before delivery of any drycleaning solvents to the facility. All dikes or containment structures shall meet all criteria of Section 44-56-470(E).

(G) A person or the owner or operator of a drycleaning facility or wholesale supply facility at which there is a spill of more than the federally mandated reportable quantity of drycleaning solvent outside of a containment structure, after July 1, 1995, shall report the spill to the department immediately upon the discovery of the spill and comply with existing emergency response regulations.

(H) Failure to comply with the requirements of this section constitutes gross negligence with regard to determining site eligibility."

Deductibles revised; refunds

SECTION 2. Section 44-56-440(E) of the 1976 Code, as added by Act 119 of 1995, is amended to read:

"(E) If the facility started operation before July 1, 2000, and an eligible drycleaning or wholesale owner or operator or person applies for monies from the fund on or before:

(1) October 1, 2002, the deductible is one thousand dollars;

(2) October 1, 2003, the deductible is ten thousand dollars;

(3) October 1, 2004, the deductible is twenty-five thousand dollars.

An eligible drycleaning facility that has applied for monies from the fund prior to the effective date of this paragraph shall have a deductible of one thousand dollars regardless of any deductible previously assigned to the facility based on its application date or type of site. Any approved assessment or remedial costs in excess of one thousand dollars previously incurred by the owner, operator, or person shall be refunded, without interest, to such party by the department."

Repeal date deleted

SECTION 3. Section 3 of Act 119 of 1995 is deleted.

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Ratified the 25th day of May, 2000.

Approved the 30th day of May, 2000.