H*4717(Rat #0524, Act #0454 of 1996)  General Bill, By Sharpe and Rice
 A Bill to amend Section 44-96-40, Code of Laws of South Carolina, 1976,
 relating to standards used for granting permits to persons to operate a solid
 waste management facility so as to allow the Department of Health and
 Environmental Control to issue permits for short-term structural fills and to
 define terms.-amended title

   03/07/96  House  Introduced and read first time HJ-4
   03/07/96  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-4
   04/11/96  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs HJ-5
   04/17/96  House  Objection by Rep. Sheheen, Kirsh, Hodges,
                     Moody-Lawrence, Simrill, Sharpe, Witherspoon, R.
                     Smith, Seithel, Rice, Marchbanks, Tripp, L.
                     Whipper, Hallman & Fulmer HJ-53
   04/18/96  House  Objection withdrawn by Rep. Simrill, Seithel, &
                     L. Whipper HJ-37
   04/18/96  House  Objection withdrawn by Rep. Hodges HJ-38
   04/18/96  House  Objection withdrawn by Rep. Hallman HJ-39
   04/24/96  House  Objection withdrawn by Rep. Sheheen, Fulmer,
                     Sharpe, Rice, R. Smith, Kirsh & Witherspoon HJ-339
   04/24/96  House  Amended HJ-340
   04/24/96  House  Read second time HJ-340
   04/25/96  House  Read third time and sent to Senate HJ-13
   04/29/96  Senate Introduced and read first time SJ-17
   04/29/96  Senate Referred to Committee on Medical Affairs SJ-17
   05/16/96  Senate  Polled favorable from Medical Affairs SJ-20
   05/21/96  Senate Read second time SJ-43
   05/21/96  Senate Ordered to third reading with notice of
                     amendments SJ-43
   05/30/96  Senate Read third time and enrolled SJ-91
   06/13/96         Ratified R 524
   06/19/96         Vetoed by Governor
   06/26/96  House  Veto overridden by originating body Yeas-88 
                     Nays-0 HJ-12
   06/26/96  Senate Veto overridden Yeas-42  Nays-01 SJ-23
   06/26/96         Effective date 06/26/96
   07/12/96         Copies available
   07/12/96         Act No. 454

AN ACT TO AMEND SECTION 44-96-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STANDARDS USED FOR GRANTING PERMITS TO PERSONS TO OPERATE A SOLID WASTE MANAGEMENT FACILITY, SO AS TO ALLOW THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ISSUE PERMITS FOR SHORT-TERM STRUCTURAL FILLS AND TO DEFINE TERMS.

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

Permits for short-term structural fills authorized

SECTION 1. Section 44-96-290 of the 1976 Code, as added by Act 63 of 1991, is amended by adding an appropriately lettered subsection at the end to read:

"( ) The department may issue permits for short-term structural fills pursuant to department regulations. These permits shall require that structural fills be closed and cover put in place within twelve months of issuance of the permit. Consistency with solid waste management plans pursuant to subsection (G) is not required for the issuance of permits for short-term structural fills. For the purpose of this subsection, `cover' means soil or other suitable material, or both, acceptable to the department that is used to cover solid waste. For the purpose of this subsection, `structural fill' means landfilling for future beneficial use utilizing land-clearing debris, hardened concrete, hardened/cured asphalt, bricks, blocks, and other materials specified by the department by regulation, compacted and landfilled in a manner acceptable to the department, consistent with applicable engineering and construction standards and carried out as a part of normal activities associated with construction, demolition, and land-clearing operations; however, the materials utilized must not have been in direct contact with hazardous constituents, petroleum products, or painted with lead-based paint. Applicable department regulations in effect on the effective date of this act, not inconsistent with this subsection, remain in effect unless changed by statute or amended or repealed by the department pursuant to the Administrative Procedures Act, Article 1, Chapter 23, Title 1."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

In the Senate House June 13, 1996.

Robert L. Peeler,

President of the Senate

David H. Wilkins,

Speaker of the House of

Representatives

Vetoed by the Governor -- 6/19/96

Veto overridden by House -- 6/26/96

Veto overridden by Senate -- 6/26/96

Printer's Date -- July 9, 1996 -- S.