H*4640(Rat #0334, Act #0506 of 1998)  Joint Resolution, By Rhoad, Barfield, 
T. Brown, Sharpe and Webb
 A JOINT RESOLUTION TO REQUIRE A PERSON ENGAGED IN PESTICIDE OPERATIONS TO
 ENSURE THAT ALL COMPRESSED GAS TANKS OR CYLINDERS USED TO SUPPLY PROPELLANT
 FOR PESTICIDES ARE EQUIPPED WITH PROPERLY FUNCTIONING BACK FLOW DEVICES AND TO
 PROVIDE CRIMINAL AND CIVIL PENALTIES.-AMENDED TITLE

   02/17/98  House  Introduced and read first time HJ-7
   02/17/98  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-7
   03/18/98  House  Committee report: Favorable Agriculture, Natural
                     Resources and Environmental Affairs HJ-5
   03/19/98  House  Read second time HJ-10
   03/19/98  House  Unanimous consent for third reading on next
                     legislative day HJ-13
   03/20/98  House  Read third time and sent to Senate HJ-3
   03/24/98  Senate Introduced and read first time SJ-10
   03/24/98  Senate Referred to Committee on Agriculture and Natural
                     Resources SJ-10
   03/27/98  Senate Committee report: Favorable with amendment
                     Agriculture and Natural Resources SJ-14
   03/31/98  Senate Amended SJ-19
   03/31/98  Senate Read second time SJ-19
   03/31/98  Senate Ordered to third reading with notice of
                     amendments SJ-19
   04/01/98  Senate Read third time and returned to House with
                     amendments SJ-14
   04/07/98  House  Concurred in Senate amendment and enrolled HJ-414
   04/14/98         Ratified R 334
   04/21/98         Became law without Governor's signature
   04/21/98         Effective date 04/21/98
   05/04/98         Copies available
   09/14/98         Act No. 506

A JOINT RESOLUTION TO REQUIRE A PERSON ENGAGED IN PESTICIDE OPERATIONS TO ENSURE THAT ALL COMPRESSED GAS TANKS OR CYLINDERS USED TO SUPPLY PROPELLANT FOR PESTICIDES ARE EQUIPPED WITH PROPERLY FUNCTIONING BACK FLOW PREVENTION DEVICES AND TO PROVIDE CRIMINAL AND CIVIL PENALTIES.

Whereas, on two occasions within the past year, persons not involved in agricultural operations have been injured by pesticides, specifically fumigants, which apparently have, during the course of fumigation operations, flowed from pesticide containers into the tanks which contained the compressed gas (nitrogen, air, etc.) propellant. These tanks were not purged prior to refilling, such that the subsequent users of the tanks were put at risk; and

Whereas, until the State Crop Pest Commission promulgates regulations addressing this matter, it is incumbent upon the General Assembly to take measures to protect the health and safety of the public. Now, therefore,

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

Back flow prevention devices required; penalties

SECTION 1. (A) All persons engaged in pesticide operations shall ensure that all compressed gas tanks or cylinders which are used to supply propellant for pesticides used in fumigations or other pesticide applications are equipped with properly functioning back flow prevention devices which will prevent the entry of pesticide into the compressed gas tank or cylinder. No person shall operate any compressed gas tank or cylinder in pesticide operations unless a back flow prevention device is installed and properly functioning.

The back flow prevention device must be placed between the tank/cylinder regulator and the pesticide system.

Pesticide operations must cease prior to the tank/cylinder pressure falling below twice the pesticide system operating pressure, or 200 psi, whichever is greater.

(B) Any person who violates any provision of this section or any regulation promulgated hereunder shall be subject to the criminal and/or civil penalties as provided by Section 46-9-90.

Duration of resolution

SECTION 2. This joint resolution remains in effect until such time as the State Crop Pest Commission promulgates regulations addressing the matter.

Time effective

SECTION 3. This joint resolution takes effect upon approval by the Governor.

Became law without the signature of the Governor -- 04/21/98.