H 3003 Session 109 (1991-1992)
H 3003 General Bill, By J.B. Wilder
A Bill to amend Sections 48-48-30, 48-48-60, and 48-48-90, Code of Laws of
South Carolina, 1976, relating to the limits on acceptance of low-level
radioactive waste at the Barnwell Regional Disposal Facility, so as to extend
from 1992 to 1994 the year after which the waste will not be accepted from out
of the region under certain conditions.
12/12/90 House Prefiled
12/12/90 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs
01/08/91 House Introduced and read first time HJ-39
01/08/91 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-39
03/04/92 House Committee report: Majority favorable with amend.,
minority unfavorable Agriculture, Natural
Resources and Environmental Affairs HJ-14
04/08/92 House Tabled HJ-76
04/08/92 House Reconsider vote whereby tabled HJ-83
04/15/92 House Amended HJ-59
04/15/92 House Rejected HJ-113
04/15/92 House Motion noted- Reconsider the vote whereby
rejected HJ-113
04/16/92 House Motion to reconsider ruled out of order HJ-23
Indicates Matter Stricken
Indicates New Matter
AMENDED--NOT PRINTED IN THE HOUSE
April 15, 1992
H. 3003
Introduced by REP. Wilder
S. Printed 3/4/92--H.
Read the first time January 8, 1991.
A BILL
TO AMEND SECTIONS 48-48-30, 48-48-60, AND 48-48-90, CODE
OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
LIMITS ON ACCEPTANCE OF LOW-LEVEL RADIOACTIVE
WASTE AT THE BARNWELL REGIONAL DISPOSAL FACILITY,
SO AS TO EXTEND FROM 1992 TO 1994 THE YEAR AFTER
WHICH THE WASTE WILL NOT BE ACCEPTED FROM OUT OF
THE REGION UNDER CERTAIN CONDITIONS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (1) Section 48-47-30 10. of the 1976 Code is
amended to read:
"10. `Regional facility' means (1) a facility as defined in this
article which has been designated, authorized, accepted, or approved by
the commission to receive waste or (2) the disposal facility in Barnwell
County, South Carolina, owned by the State of South Carolina and as
licensed for the burial of low-level radioactive waste on July 1, 1982,
but in no event shall this disposal facility serve as a regional facility
beyond December 31, 1992 January 1, 1996."
(2) Section 48-48-30 of the 1976 Code is amended to read:
"Section 48-48-30. (A) The regional disposal facility
located at Barnwell may accept not more than eight
twelve million, four hundred thousand cubic feet of
low-level radioactive waste during the seven-year period
beginning January 1, 1986, and ending December 31, 1992
January 1, 1996. For the duration of the period beginning
January 1, 1986, and ending December 31, 1992, the
The facility shall accept no waste from out of the region if
receipt of such the waste would result in disposal in excess of
one million, two hundred thousand cubic feet of waste for a calendar
year except under the provisions of Sections 5 and 6 of P. L. 99-240 or
as otherwise provided in this chapter.
(B) If in any calendar year the provisions of Section 5,
"Limited Availability of Certain Regional Disposal Facilities
During Transition and Licensing Periods", subpart a(3)(B) of P.
L. 99-240 are invoked then the facility shall increase the burial limit in
that year in increments of ten percent but the increases shall not result
in burial in excess of the eight million, four hundred thousand cubic feet
through December 31, 1992, except as provided by law.
(C) If in any calendar year the provisions of Section 6,
"Emergency Access", of P. L. 99-240, are invoked then the
facility shall increase the yearly burial limit as required pursuant to
certification of the Nuclear Regulatory Commission. Increases in the
yearly burial limit under Section 6 of P. L. 99-240 shall not be greater
than one hundred twenty percent of the burial rate of the previous year
nor shall the increases result in burial in excess of the eight million, four
hundred thousand cubic feet through December 31, 1992, except as
provided by law."
(3) Section 48-48-80 of the 1976 Code is amended to read:
"Section 48-48-80. Beginning January 1, 1993, the
The disposal facility located at Barnwell shall cease to
accept radioactive waste from outside the borders of the State and to
continue to serve as the regional disposal facility for the
Southeast Regional Compact until January 1, 1996. From
January 1, 1993, until January 1, 1996, the disposal facility located at
Barnwell shall not accept waste generated in a state which is not a
member of the Southeast Interstate Low-Level Radioactive Waste
Management Compact as it existed on March 1, 1992; provided that the
facility shall not accept waste generated in the state of North Carolina
between the period January 1, 1993, to December 31, 1993, unless the
state of North Carolina has met the milestone date required by
subsection 6(A)(1) of this section of Part II. After December 31, 1993,
and after the state of North Carolina has met the milestone required by
subsection 6(A)(1), waste generated in the state of North Carolina may
continue to be accepted for disposal at the facility until January 1, 1996,
only if the state of North Carolina is in compliance with the additional
milestone dates required by subsections 6(A)(2) and 6(A)(3).
Further operation of the facility beyond January 1, 1993,
January 1, 1996, must be specifically authorized by the General
Assembly. Within one year prior to closure, the department shall
evaluate the remaining capacity of the site and recommend to the
General Assembly the need and use of any remaining disposal capacity
of the site. In accordance with Section 13-7-30 of the 1976
Code, the State Budget and Control Board, or its designee, is
responsible for extended custody and maintenance of the Barnwell site
following closure and license transfer from the facility operator. The
department is responsible for continued site monitoring."
(4) (A) The following milestone dates are established in
connection with the second host state facility to be located in the State
of North Carolina:
(1) submit facility license application: December 31, 1993;
(2) issue facility license: March 15, 1995;
(3) begin receiving the Southeast Region's low-level waste:
January 1, 1996.
(B) The State of North Carolina shall notify the Southeast
Compact Commission on each milestone date as to whether the
milestone has been accomplished, and the Compact Commission shall
so certify.
(C) The Barnwell site shall continue to serve as the disposal
facility for the Southeast Interstate Low-Level Radioactive Waste
Management Compact until December 31, 1995, subject to the following
conditions:
(1) The site must cease serving as a facility for the Compact
if North Carolina has a permanent or temporary site ready to receive the
region's waste before December 31, 1995.
(2) North Carolina and the Compact Commission must
establish prior to December 31, 1993, a reference guideline as provided
in the Southeast Interstate Low-level Radioactive Waste Management
Compact which precludes the siting of any new low-level waste storage
or disposal facility within ten miles of a neighboring state.
(3) North Carolina must not site a low-level waste storage or
disposal facility at a location which will pose a threat to human health,
the environment, or water resources in contiguous states.
(D) The failure of North Carolina or the Compact Commission to
satisfy any one of the conditions set forth in subsection (B)2 or (B)3 will
result in the following:
(1) The Barnwell site must immediately cease to accept low-level waste generated in North Carolina.
(2) If either of the conditions set forth in (B)2 or (B)3 are not
met, then the facility must cease to accept waste from outside the State
as of June 30, 1994. The South Carolina Department of Health and
Environmental Control shall make determinations whether the
conditions set forth herein are satisfied and report its finding to the
President of the Senate, the Speaker of the House, and the Governor.
(5) If the Southeast Interstate Low-level Radioactive Waste
Management Compact is declared unlawful or unconstitutional or if the
continued availability of the site to the compact is declared in violation
of or inconsistent with the compact by a court of competent jurisdiction,
the facility shall cease to accept waste generated outside the State.
(6) Notice of this section must be sent by the department to the
Southeast Region Compact Commission, the persons designated in
Section 48-47-70 3. of the compact, and each generator of waste shipped
to Barnwell. The continued shipment of waste to Barnwell after
December 31, 1992, is deemed an acceptance of the conditions set forth
in this section.
SECTION 2. Section 48-48-60 of the 1976 Code is amended to read:
"Section 48-48-60. The department shall act pursuant to P.
L. 99-240 to deny access to the regional facility when the waste from
nuclear power reactors accepted by the sited regions equals or exceeds
eleven million, nine hundred thousand cubic feet during the
seven-year nine-year period beginning January 1, 1986,
and ending December 31, 1992 1994."
SECTION 3. If the federal Congress or the federal courts rule that
the Southeastern compact is illegal then the Barnwell site must close
down immediately.
SECTION 4. If any provision of this act or the application of any
provision is held invalid, the invalidity applies to this act in its entirety,
to any and all provisions of this act, and the application of this act or any
provision of this act, and to this end the provisions of this act are not
severable.
SECTION 5. North Carolina must establish laws or regulations
which preclude the siting of any low level nuclear waste facility with ten
miles of the South Carolina State Line or within one mile of the South
Carolina State Line for solid or hazardous waste facilities permitted by
the State of North Carolina. These laws or regulations must be adopted
by July 1, 1993.
SECTION 6. To provide that no out-of-state waste may be disposed
of at the barnwell low-level radioactive waste facility after june 30,
1993, unless by referendum of the voters of this state the date is
extended.
A. Notwithstanding any other provision of law, no waste generated
outside the State of South Carolina may be disposed of at the low-level
radioactive waste facility at Barnwell after June 30, 1993, unless South
Carolina voters agree in a referendum in the General Election in
November 1992 to extend beyond June 30, 1993, the date by which the
low-level radioactive waste facility at Barnwell must cease to accept
waste from outside the State of South Carolina
B. This section takes effect July 1, 1992.
SECTION 7. In the event North Carolina fails to meet any of the
milestones, North Carolina shall also be required to pay damages in the
sum of $10 million to the State of South Carolina. Those sums shall go
to a Barnwell County fund for economic development. In the even they
fail to make such payments within ten days of breach of the milestone,
the Barnwell facility shall immediately close to North Carolina waste.
SECTION 8. This act takes effect upon approval by the Governor.
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