South Carolina General Assembly
109th Session, 1991-1992

Bill 175


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               Senate
Bill Number:                    175
Primary Sponsor:                Martschink
Committee Number:               12
Type of Legislation:            GB
Subject:                        Hazardous waste disposal
Residing Body:                  Senate
Current Committee:              Labor, Commerce &
                                Industry
Computer Document Number:       OLDVS/LIBX/2318
Introduced Date:                Jan 08, 1991
Last History Body:              Senate
Last History Date:              Jan 08, 1991
Last History Type:              Introduced and read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Martschink
Type of Legislation:            General Bill



History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 175   Senate  Jan 08, 1991  Introduced and read first       12
                             time, referred to Committee

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 111 SO AS TO IMPOSE THE GREATER REQUIREMENT OF ANOTHER STATE ON DISPOSAL OF WASTE GENERATED IN THIS STATE ON DISPOSAL IN THIS STATE OF WASTE GENERATED IN THE OTHER STATE.

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

SECTION 1. Title 44 of the 1976 Code is amended by adding:

"CHAPTER 111

Hazardous, Industrial, Infectious, and Solid

Waste--Retaliatory Requirements

Section 44-111-10. As used in this chapter:

(1) 'Hazardous waste' has the same meaning given in Section 44-56-20.

(2) 'Industrial waste' means solid waste that results from industrial or commercial processes including, but not limited to, factories, treatment plants, and repair and cleaning establishments.

(3) 'Infectious waste' has the same meaning given in Section 44-93-20.

(4) 'Solid waste' means garbage, refuse, or sludge from a waste treatment facility, water supply plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations and from community activities. This term does not include solid or dissolved materials in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to NPDES permits under the Federal Water Pollution Control Act, or the Pollution Control Act of South Carolina, or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1974.

Section 44-111-20. When the laws of another state or the regulations or actions of a public official of another state subject or would subject the disposal of hazardous waste, infectious waste, industrial waste, or solid waste generated in South Carolina to fees, taxes, obligations, conditions, restrictions, or penalties for the privilege of disposal in that state which are greater than those required by this State for disposal in this State of hazardous waste, infectious waste, industrial waste, or solid waste generated in that state, disposal in South Carolina is subjected to the greater requirements which are or would be imposed by or in that state upon similar disposal in that state.

This section must be applied regardless of whether hazardous waste, infectious waste, industrial waste, or solid waste generated in this State is disposed of in that state. The application of this section is based upon a comparison of the aggregate requirements imposed by this State with the aggregate requirements imposed by the other state. Taxes, fees, or other obligations imposed by municipalities are considered in the application of this section.

Section 44-111-30. The fees and taxes referred to in this chapter must be collected by treatment, storage, and disposal facilities in South Carolina pursuant to regulations issued by the South Carolina Department of Health and Environmental Control and the South Carolina Tax Commission."

SECTION 2. This act takes effect January 1, 1992.

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