Current Status Introducing Body:House Bill Number:4369 Primary Sponsor:Jennings Type of Legislation:HR Subject:Southeast Compact Commission, Good Neighbor policy Date Bill Passed both Bodies:Feb 13, 1992 Computer Document Number:BR1/2052.AC Introduced Date:Feb 05, 1992 Last History Body:House Last History Date:Feb 13, 1992 Last History Type:Adopted Scope of Legislation:Statewide All Sponsors:Jennings Harrelson Cromer Barber Keyserling Gentry Wilder J. Harris Beasley Baxley Harwell K. Burch Kempe Waites Keegan Scott Farr Neilson Hodges Canty Glover Riser McCraw Houck Townsend Anderson Kinon L. Elliott McAbee Altman McKay Whipper Kennedy Boan H. Brown L. Martin Inabinett Cork Taylor Snow Corbett Byrd Wright Harvin McElveen D. Elliott Phillips Beatty Manly McTeer Foster M. Martin Delleney Type of Legislation:House Resolution
Bill Body Date Action Description CMN
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4369 House Feb 13, 1992 Adopted
4369 House Feb 12, 1992 Committee Report: Favorable 24
4369 House Feb 05, 1992 Introduced, referred to 24
Committee
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COMMITTEE REPORT
February 12, 1992
H. 4369
Introduced by REPS. Jennings, Harrelson, D. Elliott, Cromer, Barber, Keyserling, Gentry, Wilder, J. Harris, Beasley, Baxley, Harwell, K. Burch, Kempe, Waites, Keegan, Scott, Farr, Neilson, Hodges, Canty, Glover, Riser, McCraw, Houck, Townsend, Anderson, Kinon, L. Elliott, McAbee, Altman, McKay, Whipper, Kennedy, Boan, H. Brown, L. Martin, Inabinett, Cork, Taylor, Snow, Corbett, Byrd, Wright, Harvin, McElveen, Phillips, Beatty, Manly, McTeer, Foster, M. Martin and Delleney
S. Printed 2/12/92--H.
Read the first time February 5, 1992.
To whom was referred a House Resolution (H. 4369), to memorialize the Southeast Compact Commission for low-level radioactive waste management to adopt a "Good Neighbor" policy, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass:
SAMUEL R. FOSTER, for Committee.
TO MEMORIALIZE THE SOUTHEAST COMPACT COMMISSION FOR LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT TO ADOPT A "GOOD NEIGHBOR" POLICY PRECLUDING THE LOCATION OF ANY NEW LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITY ON ANY SITE WITHIN TEN MILES OF THE BORDER OF ANY NEIGHBORING STATE AND CALLING UPON THE SOUTH CAROLINA DELEGATES TO THE SOUTHEAST COMPACT COMMISSION TO INSIST UPON INCLUSION OF SUCH A POLICY IN ANY MILESTONES WHICH ARE PRESENTED TO THE REGIONAL COMPACT COMMISSION.
Whereas, the State of South Carolina has willingly and cooperatively met its obligations under the Southeast Low-Level Radioactive Waste Management Compact Law as the first host state and has continued to host a low-level radioactive waste disposal facility at Barnwell for in excess of twenty years; and
Whereas, under the compact agreement, "It is the policy of the party states to enter into a regional low-level radioactive waste management compact for the purpose of providing the instrument and framework for a cooperative effort . . . to distribute the costs, benefits, and obligations of successful low-level radioactive waste management equitably among the party states . . ."; and
Whereas, the State of North Carolina has been designated as the second host state for the next southeast regional low-level radioactive waste facility; and
Whereas, the State of North Carolina is proceeding to investigate and possibly develop its low-level waste facility on a site that is only two and three-tenths miles from the South Carolina border; and
Whereas, the site designated for investigation for the facility is adjacent to headwaters of tributaries of the Great Pee Dee and Little Pee Dee Rivers which serve as a major surface water supply for public water systems in northeastern South Carolina, including the Pee Dee and Grand Strand areas; and
Whereas, the North Carolina site is located in an area that discharges groundwater to the surface and into the Great Pee Dee and Little Pee Dee Rivers, and it is also located in an area of recharge for the Middendorf Formation which is a prolific, good quality aquifer used as a source of well water extensively in South Carolina; and
Whereas, it is acknowledged by reputable experts and agencies, including the United States Geological Survey and the International Atomic Energy Agency, that groundwater and surface water are mediums which have the highest potential for transport of accidental or undetected releases of radionuclides; and
Whereas, the site under consideration, which is located in Richmond County, North Carolina, poses a perceived and/or potentially real impact on large areas of South Carolina should a release of radionuclides occur from the facility; and
Whereas, the site in Richmond County, North Carolina, would impact a comparably small area of North Carolina and would present potential risks to a large concentration of people only in South Carolina; and
Whereas, if the site in Richmond County, North Carolina, is developed as the next regional facility, such action would be contrary to the intent of the Southeast Low-Level Radioactive Waste Management Compact provisions to "distribute the costs, benefits and obligations of successful low-level radioactive waste management equitably among the party states"; and
Whereas, the State of North Carolina has not met its obligations pursuant to the compact agreement in establishing a regional facility within the time frame established by the Southeast Compact Commission; and
Whereas, the Southeast Compact agreement effectively terminates the Barnwell, South Carolina, site as a regional facility on December 31, 1992, unless such date is amended by the South Carolina General Assembly; and
Whereas, Article V Section (b) of the Southeast Compact agreement provides that "a host state is not prevented from closing its facility or establishing conditions of use and operations as necessary for the protection of the health and safety of its citizens"; and
Whereas, the State of South Carolina has arduously supported and complied with the Southeast Compact agreement and the Low-Level Radioactive Waste Policy Act (P.L. 96-573) adopted by the United States Congress; and
Whereas, the people of the State of South Carolina have sacrificed to an extent unmatched by any other state in the Southeast Region or the nation; and
Whereas, the State of South Carolina is willing to support the efforts of its sister states to insure that the Southeast Compact remains intact to support and enhance the economy of South Carolina and the Southeast Region; and
Whereas, the Southeast Compact Commission recommended on October 25, 1991, that South Carolina extend the closing date of the Barnwell facility beyond December 31, 1992; and
Whereas, the Southeast Compact Commission will meet on February 14, 1992, in Atlanta to consider certain milestones which are to be met by the State of North Carolina in its siting and building of a low-level radioactive waste disposal facility; and
Whereas, the location of any low-level radioactive waste disposal site on the immediate border of any other neighboring state within the Southeast Region is an indication of bad faith and is violative of the spirit of equity and fairness contemplated by the Regional Compact agreements and law. Now, therefore,
Be it resolved by the House of Representatives:
That the Southeast Compact Commission for Low-Level Radioactive Waste Management is memorialized to promulgate within its site selection criteria and within any milestones which are promulgated for the State of North Carolina a "good neighbor policy" precluding the location of any new low-level radioactive waste facility site within ten miles of the border of any neighboring state.
Be it further resolved that the South Carolina House of Representatives calls upon the South Carolina delegates to the Southeast Compact Commission to present this resolution to the full commission and insists upon inclusion of such a policy in any milestones which North Carolina must agree to meet.
Be it further resolved that the South Carolina House of Representatives observe the action taken on this resolution by the Southeast Compact Commission and by the State of North Carolina as an indication of whether or not the Southeast Compact Commission and the State of North Carolina are acting in good faith in carrying out the compact's goals of fairness and equity.
Be it further resolved that a copy of this resolution be forwarded to the Southeast Compact Commission for Low-Level Radioactive Waste Management, Suite 100, 3901 Barrett Drive, Raleigh, North Carolina 27609, and to the South Carolina Commissioners of the Southeast Compact Commission for Low-Level Radioactive Waste Management.