H*2678 Session 104 (1981-1982)
H*2678(Rat #0178, Act #0127 of 1981) General Bill, By B. Campbell and
H.H. Keyserling
A Bill to amend Sections 13-7-120 and 13-7-140, Code of Laws of South
Carolina, 1976, relating to regulation of the transportation and disposal of
radioactive waste, so as to clarify and expand the definitions of certain
terms used in Article 2, Chapter 7 of Title 13, and permit the use of a surety
bond satisfactory to the Department of Health and Environmental Control in
lieu of a hold harmless agreement by government transporters of radioactive
waste to indemnify the State against possible damages.-at
04/07/81 House Introduced and read first time HJ-1687
04/07/81 House Referred to Committee on Labor, Commerce and
Industry HJ-1687
05/07/81 House Committee report: Favorable Labor, Commerce and
Industry HJ-2278
05/13/81 House Amended HJ-2389
05/13/81 House Read second time HJ-2389
05/14/81 House Read third time and sent to Senate HJ-2430
05/20/81 Senate Introduced and read first time SJ-12
05/20/81 Senate Referred to Committee on Medical Affairs SJ-12
06/02/81 Senate Committee report: Favorable with amendment
Medical Affairs SJ-9
06/04/81 Senate Amended SJ-32
06/04/81 Senate Read second time SJ-32
06/10/81 Senate Read third time SJ-16
06/10/81 Senate Returned SJ-16
06/11/81 House Concurred in Senate amendment and enrolled HJ-3173
06/23/81 House Ratified R 178 HJ-3331
06/26/81 Signed By Governor
06/26/81 Effective date 06/26/81
06/26/81 Act No. 127
07/10/81 Copies available
(A127, R178, H2678)
AN ACT TO AMEND SECTIONS 13-7-120 AND 13-7-140, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO REGULATION OF THE TRANSPORTATION AND DISPOSAL OF RADIOACTIVE
WASTE, SO AS TO CLARIFY AND EXPAND THE DEFINITIONS OF CERTAIN TERMS USED IN
ARTICLE 2, CHAPTER 7 OF TITLE 13, AND PERMIT THE USE OF A SURETY BOND
SATISFACTORY TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IN LIEU OF A
HOLD HARMLESS AGREEMENT BY GOVERNMENT TRANSPORTERS OF RADIOACTIVE WASTE TO
INDEMNIFY THE STATE AGAINST POSSIBLE DAMAGES.
Be it enacted by the General Assembly of the State of South Carolina:
Definitions
SECTION 1. Items H, J and K of Section 13-7-120 of the 1976 Code, added by Act
429 of 1980, are amended to read:
"H. 'Permit' means an authorization issued by the Department to any person
to transport radioactive wastes or to offer such waste for transport.
J. 'Radioactive waste' means any and all equipment or material which are
radioactive or have radioactive contamination and which are required pursuant to
any governing laws, regulations or licenses to be disposed of or stored as
radioactive waste. Such waste may also be defined as:
(1) 'High-level waste' means either irradiated nuclear reactor fuel or the
portion of the material generated in the reprocessing of such irradiated fuel
that contains virtually all of the fission products and most of the actinides not
separated out during reprocessing.
(2) 'Transuranic waste means waste containing more than ten nanocuries of
transuranic activity per gram of material.
(3) 'Low-level radioactive waste' means all radioactive waste which contains
less than ten nanocuries of transuranic activity per gram or which is free of any
transuranic contaminants; provided, however, that as this subitem does not define
'low-level radioactive waste' by its isotope and curie content except as to
transuranic waste and does not define 'low-level radioactive waste' as to its
danger to the public, the South Carolina Department of Health and Environmental
Control is directed to contact the United States Nuclear Regulatory Commission,
the United States Department of Energy and the National Academy of Science and
seek their assistance in defining the term 'low-level radioactive waste' as to
its isotope and curie strength and as to its potential danger to the general
public, and the Department of Health and Environmental Control shall further make
a public report as to its findings by September 15, 1981, and shall make
recommendations to the General Assembly no later than February 15, 1982, as to
its suggestions for changes in the definition of the term 'low-level radioactive
waste.' K. 'Shipper ' means any person, whether a resident of South Carolina
or a nonresident (1) who transports radioactive waste generated by him into or
within the State; (2) who transports radioactive waste generated by another
person into or within the State; (3) who transfers radioactive waste to a carrier
for transportation into or within the State; or (4) who transfers radioactive
waste to another person if such wastes are transported into or within the State.
Nothing contained herein shall relieve a person whose activities result in the
generation of radioactive waste from primary responsibility under Section
13-7-140 unless provided by regulation of the Department."
Requirements on transportation of radioactive wastes
SECTION 2. Items 2 and 3 of Section 13-7-140 of the 1976 Code, added by Act 429
of 1980, are amended to read:
"2. Comply fully with all applicable laws and administrative rules and
regulations, both state and federal, and disposal facility license requirements,
regarding the packaging, transportation, storage, disposal and delivery of such
wastes.
3. Certify to the Department that it will hold the State of South Carolina
harmless for all claims, actions or proceedings in law or equity arising out of
radiological injury or damage to persons or property occurring during the
transportation of its radioactive waste into or within the State including all
costs of defending the same; provided, however, that nothing contained herein
shall be construed as a waiver of the state's sovereign immunity. In the event
a government shipper is prohibited by law from directly entering into a hold
harmless agreement, the Department may accept a surety bond satisfactory to the
Department in form and amount which will indemnify the State upon terms and
conditions which correspond to the requirements of this section.
Time effective
SECTION 3. This act shall take effect upon approval by the Governor. |