Current StatusView additional legislative information at the LPITS web site.Bill Number: 3326 Ratification Number: 299 Act Number 196 Introducing Body: House Subject: Department of Health and Environmental Control to promulgate regulations establishing standards for the location of hazardous waste treatment, storage, and disposal facilities
(A196, R299, H3326)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 44-56-35, 44-56-165, AND 44-56-205 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS ESTABLISHING STANDARDS FOR THE LOCATION OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES TO ENSURE LONG-TERM PROTECTION OF HUMAN HEALTH AND THE ENVIRONMENT, AND REQUIRE THAT ALL HAZARDOUS WASTE TREATMENT AND DISPOSAL FACILITIES IN THIS STATE SHALL GIVE PREFERENCE TO HAZARDOUS WASTE GENERATORS WITHIN THE STATE FOR TREATMENT AND DISPOSAL OF HAZARDOUS MATERIALS AT LICENSED FACILITIES IN THE STATE, TO DESIGNATE THAT A PORTION OF THE FEE IMPOSED UNDER SECTION 44-56-170(C) BE USED TO FUND HAZARDOUS WASTE REDUCTION AND MINIMIZATION ACTIONS OF THE DEPARTMENT AND TO ENFORCE BANS PROVIDED FOR IN SECTION 44-56-136(4), (5), AND (6); TO AMEND CHAPTER 56 OF TITLE 44 BY ADDING ARTICLE 2 SO AS TO PROVIDE THAT THE ENTITY PROVIDING FINANCIAL ASSISTANCE FOR A HAZARDOUS WASTE TREATMENT OR DISPOSAL FACILITY OR SITE MUST, UPON WRITTEN REQUEST OF THE DEPARTMENT, FURNISH THE DEPARTMENT INFORMATION CONCERNING ITS FINANCIAL INTEGRITY, TO PROVIDE THAT THE DEPARTMENT MAY REQUIRE CERTAIN INFORMATION, TO AUTHORIZE THE DEPARTMENT TO REVIEW THE NATURE, EXTENT, AND SUFFICIENCY OF THE INFORMATION SUPPLIED, TO AUTHORIZE THE DEPARTMENT TO VERIFY THE INFORMATION WHICH IS FURNISHED; TO AMEND CHAPTER 56 OF TITLE 44 BY ADDING ARTICLE 9 SO AS TO CREATE THE HAZARDOUS WASTE MANAGEMENT RESEARCH FUND, TO PROVIDE THE PURPOSES OF THE FUND, TO SPECIFY THE PURPOSES FOR WHICH MONIES FROM THE FUND MAY BE EXPENDED, REQUIRE CERTAIN FEES TO BE REMITTED FOR CREDIT TO THE FUND; AUTHORIZE THE SOUTH CAROLINA UNIVERSITIES RESEARCH AND EDUCATION FOUNDATION TO EXPEND MONIES FROM THE FUND, REQUIRE ACCOUNTING OF MONIES SPENT BY THE FOUNDATION, TO CREATE A HAZARDOUS WASTE MANAGEMENT SELECT OVERSIGHT COMMITTEE, TO PROVIDE FOR ITS PURPOSES, RESPONSIBILITIES, AND MEMBERSHIP; TO AMEND SECTION 44-56-60, RELATING TO THE REQUIREMENTS FOR THE ISSUANCE OF A PERMIT FOR THE OPERATION, CONSTRUCTION, OR ALTERATION OF A HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITY, SO AS TO REQUIRE EVIDENCE OF FINANCIAL ASSURANCE AS THE DEPARTMENT DETERMINES PRIOR TO THE ISSUANCE OF A PERMIT; TO AMEND SECTION 44-56-130, RELATING TO UNLAWFUL ACTS REGARDING HAZARDOUS WASTE, SO AS TO PROHIBIT THE TREATMENT, STORAGE, OR DISPOSAL OF HAZARDOUS WASTE IN THIS STATE GENERATED IN ANOTHER STATE WHICH PROHIBITS THE TREATMENT, STORAGE, OR DISPOSAL OF THAT SUBSTANCE WITHIN ITS OWN BORDERS; TO AMEND SECTION 44-56-160, AS AMENDED, RELATING TO THE HAZARDOUS WASTE CONTINGENCY FUND, SO AS TO MAKE CORRECTIONS IN REFERENCES TO FEES LEVIED PURSUANT TO OTHER CODE SECTIONS; AND TO AMEND SECTION 44-56-170, RELATING TO HAZARDOUS WASTE CONTINGENCY FUND REPORTS, FEES, AND ADMINISTRATION OF THE HAZARDOUS WASTE CONTINGENCY FUND, SO AS TO INCREASE THE FEE IMPOSED ON HAZARDOUS WASTES GENERATED IN AND OUT OF THIS STATE.
Be it enacted by the General Assembly of the State of South Carolina:
Information requirements
SECTION 1. Chapter 56 of Title 44 of the 1976 Code is amended by adding:
"Article 2
Information Requirements
Section 44-56-220. (A) Upon written request of the department, the entity providing financial assurance for a hazardous waste treatment or disposal facility or site regulated under this chapter shall furnish to the department information concerning its financial integrity, as shall be specified in the department's request to permit the department to review the nature, degree and sufficiency of the financial assurances submitted by such entity. Information pertaining to the financial integrity of any parent, subsidiary, or affiliated corporations may also be required, in the event such parent, subsidiary, or affiliated corporation provides, in whole or in part, the financial assurances required by the department. The information required by this subsection may include, but not be limited to, a certified audited financial statement, a balance sheet and a profit and loss statement.
(B) If, in the judgment of the department, the information referred to in subsection (A) is not furnished within a reasonable time, or if so furnished, is not satisfactory to the department, the department shall give by written notice to such entity the particulars in which such information is insufficient to permit the department to review the nature, extent, and sufficiency of the required financial assurance and such entity shall have a reasonable time in which to comply with the requirements of such notice in the particulars therein mentioned.
(C) If it is desired for any reason to verify the information furnished under subsections (A) or (B), the department in person or by its agents, shall make such examination of the records of and such inspections of the properties of the entities referred to in subsection (A) as shall be necessary to procure the information required. Upon sufficient notice, the department may require the production of the desired writings and records and the attendance and testimony under oath of the officers, accountants, or other agents of the parties having knowledge thereof at such place as the department may designate. The expense of the necessary examination or inspection for the procuring of the information must be paid by the party so examined or inspected. The expenses may be collected by suit or action, if necessary, except, that if the examination and inspection and reports thereof disclose that a sufficient response had previously been made pursuant to the requirements of the department in regard thereto the expense of making the examination and inspection must be paid out of the funds of the department."
Regulations
SECTION 2. Chapter 56 of Title 44 of the 1976 Code is amended by adding:
"Section 44-56-35. The department shall promulgate regulations establishing standards for the location of hazardous waste treatment, storage, and disposal facilities to more effectively ensure long term protection of human health and the environment. These standards shall be based solely upon the protection of human health and the environment.
The department shall have site suitability criteria promulgated and established no later than June 1, 1990.
Upon promulgation of these standards, any new facility shall comply with these standards prior to issuance of a Part B permit. For any existing facility, these new standards shall be incorporated and become a condition of any Part B permit. Failure to meet the site suitability standard regulations shall be deemed to be a failure to meet the conditions of the permit."
Hazardous Waste Management Research Fund
SECTION 3. Chapter 56 of Title 44 of the 1976 Code is amended by adding:
"Article 9
Hazardous Waste Management Research Fund
Section 44-56-810. There is created within the State Treasury the Hazardous Waste Management Research Fund, separate and distinct from the general fund of the State, to ensure the availability of funds for the conduct of research related to waste minimization and reduction, and for the development of more effective and efficient methods of conducting governmental response actions at uncontrolled hazardous waste sites. The fund must be expended only in accordance with the provisions of this article. Of the fee collected pursuant to Section 44-56-170(C), the department shall remit, at least quarterly, five dollars a ton for credit to the Hazardous Waste Management Research Fund. Of the fee collected pursuant to Section 44-56-170(E), the department must remit, at least quarterly, five dollars a ton for credit to the Hazardous Waste Management Research Fund.
Section 44-56-820. The South Carolina Universities Research and Education Foundation is authorized to expend monies in the Hazardous Waste Management Research Fund only as provided in this section. The foundation shall establish within its International Institute for Waste Management a comprehensive research program to improve current hazardous waste management practices with particular emphasis on waste minimization and reduction and the development of more effective and efficient methods of conducting governmental response actions at abandoned or uncontrolled hazardous waste sites. The fund must be used for research that will:
(1) have a direct and positive impact on waste minimization and reduction in this State;
(2) recommend strategies to deal effectively with major existing hazardous waste management problems in this State and to improve current hazardous waste management practices;
(3) provide research and recommendations on cost-effective hazardous waste management techniques and new or emerging technologies for use in the public and private sectors including, but not limited to, the development of more efficient and effective methods of cleaning up abandoned or uncontrolled hazardous waste sites;
(4) provide hazardous waste management education, training, and public information;
(5) assess the impact of existing and emerging hazardous waste management practices on the public health and environment.
Section 44-56-830. The foundation shall submit an annual report to the Hazardous Waste Management Select Oversight Committee created pursuant to Section 44-56-840 fully accounting for the expenditures of the fund and the results realized from the research program.
Section 44-56-840. (A) There is created a Hazardous Waste Management Select Oversight Committee to monitor funds generated from the fees imposed under the provisions of Section 44-56-170(C) and (E) and designated for the fund under the provisions of Section 44-56-810. The committee shall oversee the research efforts and projects approved for funding by the foundation. The committee is composed of:
(1) the Governor or his designee;
(2) the chairman of the House Agriculture and Natural Resources Committee, or his designee;
(3) the chairman of the Senate Agriculture and Natural Resources Committee, or his designee;
(4) the chairman of the House Labor, Commerce and Industry Committee, or his designee;
(5) the chairman of the Senate Labor, Commerce and Industry Committee, or his designee;
(6) the Commissioner of the Department of Health and Environmental Control, or his designee;
(7) one member representing business and industry appointed by the Governor;
(8) one public member appointed by the Governor;
(9) one member representing environmental interests appointed by the Governor;
(10) the Lieutenant Governor or his designee from the Hazardous Waste Task Force.
(B) The chairman of the Select Oversight Committee must be elected from the membership of the committee.
(C) The committee shall meet quarterly and shall submit annually a report to the General Assembly on all funds monitored under the provisions of this section before March fifteenth. Staff support must come from existing staff assigned by the committee."
Fees
SECTION 4. Chapter 56 of Title 44 of the 1976 Code is amended by adding:
"Section 44-56-165. Of the fee imposed under Section 44-56-170(C), two dollars a ton must be used to fund hazardous waste reduction and minimization activities of the department. Of the fee imposed under Section 44-56-170(E), one dollar a ton must be used to fund hazardous waste reduction and minimization activities of the department. Funding for this activity is not limited to the amount collected annually and may be supported by general appropriation of the General Assembly. Aqueous wastes which are hazardous only because of ph are exempt from this fee if they are generated and treated on site in a permitted wastewater treatment plant. In addition to funding hazardous waste reduction and minimization activities, the fees also must be used to enforce the bans set forth in Section 44-56-130(4), (5), and (6)."
Preference to be given
SECTION 5. Chapter 56 of Title 44 of the 1976 Code is amended by adding:
"Section 44-56-205. All hazardous waste treatment and disposal facilities in South Carolina shall give preference to hazardous waste generators within the State of South Carolina for treatment and disposal of hazardous materials at licensed facilities in the State."
Evidence of financial assurance
SECTION 6. Section 44-56-60(c) of the 1976 Code is amended by adding:
"3. Evidence of other financial assurance in such forms and amounts as the department determines to be necessary to ensure the adequate availability of funds for clean-up costs and restoration of environmental impairment arising from the facility."
Hazardous Waste Contingency Fund
SECTION 7. Section 44-56-160 of the 1976 Code, as added by Part II, Section 29, Act 170 of 1987, is amended to read:
"Section 44-56-160. (A) The Department of Health and Environmental Control is directed to establish a Hazardous Waste Contingency Fund to ensure the availability of funds for response actions necessary at permitted hazardous waste landfills, and necessary from accidents in the transportation of hazardous materials, and to defray the costs of governmental response actions at uncontrolled hazardous waste sites. The contingency fund must be financed through the imposition of fees provided in Sections 44-56-170 and 44-56-510 and annual appropriations which must be provided by the General Assembly. An amount equal to three dollars a ton for wastes reported under Section 44-56-170(A), four dollars a ton for wastes reported under Section 44-56-170(E), one dollar a ton for wastes reported under Section 44-56-510(1) and two dollars a ton for wastes reported under Section 44-56-510(2) must be held separate and distinct within the fund for the purpose of response actions arising from the operation of the permitted land disposal facilities in this State. From the fund created for permitted sites, an amount equal to one dollar a ton for hazardous waste must be held separate and distinct within the fund for the purpose of being returned to the governing body of a county in which a permitted commercial land disposal facility is located. Of the fee imposed under Section 44-56-170(e), one dollar a ton must be returned to the governing body of a county in which a permitted commercial land disposal facility is located. The funds returned to a county must be used by the local law enforcement, fire, health care, and emergency units to provide protection, assistance, and emergency preparedness for any contingency which might arise from the transportation and disposal site within the county. The county governing body shall distribute the funds in an equitable manner to the involved local units including, but not limited to, municipalities and special purpose districts, as well as county entities. The State Treasurer shall disperse the funds quarterly to counties which contain commercial hazardous waste land disposal sites. Any interest accruing from the management of the funds held pursuant to this section must be credited to the contingency fund.
(B) There is created a Pinewood Hazardous Waste Contingency Fund to ensure the availability of funds for response actions necessary at the hazardous waste landfill located adjacent to the Town of Pinewood. This contingency fund is financed from the fee provided in Section 44-56-170(C) and (E). Of the fifteen and eighteen dollars a ton, respectively, collected under those subsections which is used to defray the cost of governmental response actions at uncontrolled hazardous waste sites, fifty cents a ton must be set aside and used exclusively for the Pinewood Hazardous Waste Contingency Fund. The monies from this fund must be returned to the governing body of the Town of Pinewood which must be used by its law enforcement, fire, health care, and emergency units to provide protection, assistance, and emergency preparedness for any contingency which might arise from the transportation and disposal site within the municipality. The State Treasurer shall disperse the funds quarterly to the governing body of the Town of Pinewood. Any interest accruing from the management of the funds held pursuant to this section must be credited to this contingency fund."
Fee
SECTION 8. Subsections (C) and (E) of Section 44-56-170 of the 1976 Code are amended to read:
"(C) There is imposed a fee of twenty-five dollars a ton of hazardous wastes generated and disposed of in this State by landfilling or other means of land disposal."
"(E) For all hazardous wastes generated outside of the State and received at a facility during the quarter each owner/operator of a hazardous waste land disposal facility shall remit to the department an amount equal to the per ton fee imposed on out-of-state waste by the state from which the hazardous waste originated but in any event no less than thirty dollars a ton."
SECTION 9. Section 44-56-130 of the 1976 Code is amended by adding:
"(4) It is unlawful for any person who owns or operates a waste treatment facility within this State to accept any hazardous waste generated in any jurisdiction which prohibits by law the treatment of that hazardous waste within that jurisdiction or which has not entered into an interstate or regional agreement for the safe treatment of hazardous waste pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act. Written documentation demonstrating compliance with this item must be submitted to the department before the transportation of any hazardous waste into the State for treatment.
(5) It is unlawful for any person who owns or operates a waste storage facility within this State to accept any hazardous waste generated in any jurisdiction which prohibits by law the storage of that hazardous waste within that jurisdiction or which has not entered into an interstate or regional agreement for the safe storage of hazardous waste pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act. Written documentation demonstrating compliance with this item must be submitted to the department before the transportation of any hazardous waste into the State for storage.
(6) It is unlawful for any person who owns or operates a waste disposal facility within this State to accept any hazardous waste generated in any jurisdiction which prohibits by law the disposal of that hazardous waste within that jurisdiction or which has not entered into an interstate or regional agreement for the safe disposal of hazardous waste pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act. Written documentation demonstrating compliance with this item must be submitted to the department before the transportation of any hazardous waste into the State for disposal."
Time effective
SECTION 10. This act takes effect upon approval of the Governor.