South Carolina General Assembly
112th Session, 1997-1998

Bill 3607


                    Current Status

Bill Number:                    3607
Ratification Number:            231
Act Number:                     131
Type of Legislation:            General Bill GB
Introducing Body:               House
Introduced Date:                19970306
Primary Sponsor:                Sharpe 
All Sponsors:                   Sharpe 
Drafted Document Number:        psp\7076jm.97
Date Bill Passed both Bodies:   19970603
Date of Last Amendment:         19970521
Governor's Action:              S
Date of Governor's Action:      19970613
Subject:                        Solid waste policy and management,
                                Advisory Council, Health and
                                Environmental Control, Water and
                                Sewer

History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19970630  Act No. A131
------  19970613  Signed by Governor
------  19970609  Ratified R231
House   19970603  Concurred in Senate amendment,
                  enrolled for ratification
Senate  19970603  Read third time, returned to House
                  with amendment
Senate  19970521  Read second time, ordered to
                  third reading with notice of
                  general amendments
Senate  19970521  Committee amendment adopted
Senate  19970520  Committee report: Favorable with         13 SMA
                  amendment
Senate  19970424  Introduced, read first time,             13 SMA
                  referred to Committee
House   19970423  Read third time, sent to Senate
House   19970422  Amended, read second time
House   19970416  Committee report: Favorable with         20 HANR
                  amendment
House   19970306  Introduced, read first time,             20 HANR
                  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.)

(A131, R231, H3607)

AN ACT TO AMEND SECTION 44-96-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT OF 1991 AND THE STATE SOLID WASTE ADVISORY COUNCIL, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT COUNTY, REGIONAL, AND MUNICIPAL REPRESENTATIVES WHO ARE ELECTED OFFICIALS SHALL SERVE EX-OFFICIO ON THE COUNCIL, PROVIDE FOR VARIOUS TERMS OF OFFICE, AND DELETE THE PROVISION REGARDING EXPIRATION OF THE EXISTENCE OF THE COUNCIL; TO AMEND SECTION 44-96-100, RELATING TO ADDITIONAL POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UNDER THE SOLID WASTE POLICY AND MANAGEMENT ACT, SO AS TO ADD PROVISIONS WHICH PROVIDE, AMONG OTHER THINGS, THAT THE DEPARTMENT MAY ISSUE AN ORDER REQUIRING COMPLIANCE WITH A REGULATION OR BRING A CIVIL ACTION FOR INJUNCTIVE RELIEF OR REQUEST THE ATTORNEY GENERAL TO BRING CIVIL OR CRIMINAL ENFORCEMENT ACTION UNDER CERTAIN CIRCUMSTANCES, THAT THE DEPARTMENT MAY IMPOSE CERTAIN CIVIL PENALTIES, AND THAT WILFUL VIOLATION OF CERTAIN REGULATIONS IS A MISDEMEANOR; TO AMEND SECTIONS 44-96-400, 44-96-410, AND 44-96-420, RELATING TO THE SOLID WASTE POLICY AND MANAGEMENT ACT AND PROVISIONS GOVERNING WASTE MANAGEMENT, SO AS TO DELETE REFERENCE TO "ARTICLE" AND SUBSTITUTE "CHAPTER" THEREFOR; AND TO AMEND SECTION 44-96-190, AS AMENDED, RELATING TO THE SOLID WASTE POLICY AND MANAGEMENT ACT AND PROVISIONS REGULATING YARD TRASH AND COMPOST, SO AS TO SPECIFY WHERE YARD TRASH AND COMPOST CANNOT KNOWINGLY BE ACCEPTED BY AN OWNER OR OPERATOR OF A MUNICIPAL SOLID WASTE LANDFILL.

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

Elected officials added to Advisory Council; etc.

SECTION 1. Section 44-96-60(C) of the 1976 Code, as last amended by Act 361 of 1994, is further amended to read:

"(C) Not later than six months after this chapter is effective, there shall be established a State Solid Waste Advisory Council. The council shall consist of the following sixteen members:

(1) twelve members appointed by the Governor which shall include one member to represent manufacturing interests; one member to represent the retail industry; two members to represent the solid waste disposal industry; one member to represent existing private recycling industry; two members to represent the general public; three members to represent county governments to be recommended by the South Carolina Association of Counties, one shall represent a county with a population of 50,000 or less, one shall represent a county with a population more than 50,000 and up to 100,000, and the final county representative shall represent a county with a population over 100,000; and two members shall represent municipalities to be recommended by the South Carolina Municipal Association. County, regional, and municipal representatives who are elected officials shall serve ex officio;

(2) the consumer advocate or his designee;

(3) one member to represent the Department of Health and Environmental Control;

(4) the Secretary of Commerce or his designee; and

(5) one member to represent the Governor.

The members of the council in (1) above appointed after May 27, 1997, shall serve terms of four years dating from May 27, 1997, except that the member representing manufacturing interests, one member representing the solid waste disposal industry, the member representing existing private recycling industry, one member representing the general public, the member representing a county with a population of over one hundred thousand, and one municipal member must be appointed for a term of two years dating from May 27, 1997, and subsequent appointment of these members must be for a term of four years. No member appointed after May 27, 1997, may serve more than two terms. Members named in (2), (3), (4), and (5) above shall serve co-terminus with their office or at the pleasure of the respective appointing authority. No member appointed before May 27, 1997, shall serve past May 27, 2001. Members shall promulgate regulations concerning meeting attendance. The council shall advise the department on the preparation of the state solid waste management plan, on methods of implementing the state plan on the preparation of the annual reports by the department on solid waste management and provide technical expertise regarding solid waste management grants and planning. The council shall be provided with drafts of the plan and reports and shall be given adequate opportunity to comment. The council also shall be advised on a regular basis by the department regarding the grant applications which have been accepted or denied under the Solid Waste Management Grant Program and on the status of the Solid Waste Management Trust Fund."

Departmental order; civil action; penalties; misdemeanor; etc.

SECTION 2. Section 44-96-100 of the 1976 Code, as added by Act 63 of 1991, is amended to read:

"Section 44-96-100. (A) Whenever the department determines that a person is in violation of a regulation promulgated pursuant to this article regarding Sections 44-96-160(X) (Used Oil), 44-96-170(H) (Waste Tires), or 44-96-190(A) (Yard trash, compost), the department may issue an order requiring the person to comply with the regulation or the department may bring civil action for injunctive relief in the appropriate court or the department may request that the Attorney General bring civil or criminal enforcement action under this section. The department also may impose reasonable civil penalties not to exceed ten thousand dollars, for each day of violation, for violations of the regulations promulgated pursuant to this article regarding Sections 44-96-160(X), 44-96-170(H), or 44-96-190(A). After exhaustion of administrative remedies, a person against whom a civil penalty is invoked by the department may appeal the decision of the department or board of the court of common pleas, pursuant to the Administrative Procedures Act.

(B) A person who wilfully violates a regulation promulgated pursuant to this article regarding Sections 44-96-160(X), 44-96-170(H), or 44-96-190(A) is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars for each day of violation or imprisoned for not more than one year, or both. If the conviction is for a second or subsequent offense, the punishment must be a fine not to exceed twenty-five thousand dollars for each day of violation or imprisonment not to exceed two years, or both. The provisions of the subsection do not apply to officials and employees of a local government owning or operating, or both, a municipal solid waste management facility or to officials and employees of a region, comprised of local governments, owning or operating, or both, a regional municipal solid waste management facility.

(C) Each day of noncompliance with an order issued pursuant to this section or noncompliance with a permit, regulation, standard, order, or requirement established under Sections 44-96-160, 44-96-170, or 44-96-190 constitutes a separate offense.

(D) In addition to the other powers and duties set forth in this article, the department shall:

(1) establish such programs and promulgate such regulations as are necessary to implement the state solid waste management plan;

(2) establish such programs and promulgate such regulations as are necessary to implement the provisions of this article;

(3) provide to local governments, upon request, planning and technical assistance in preparing and implementing their solid waste management plans;

(4) provide to state agencies, upon request, planning and technical assistance in carrying out their responsibilities under this article;

(5) cooperate and coordinate with federal agencies in carrying out federal and state solid waste management requirements, including seeking available federal grants and loans for solid waste management plans and activities in this State;

(6) cooperate and coordinate with private organizations and with business and industry in implementing the requirements of this article;

(7) encourage counties to pursue a regional approach to solid waste management within a common geographical area;

(8) contract as needed with private entities or with state-supported educational institutions to carry out the department's responsibilities under this article, and contract with private entities or with state-owned educational institutions to conduct research on solid waste management technologies;

(9) receive appropriated funds and receive and administer grants or other funds or gifts from public or private entities, including the state and the federal government, to carry out the requirements of this article; and

(10) increase public awareness of solid waste management issues through appropriate statewide educational programs on recycling, volume reduction, litter control, proper methods of managing solid waste, and other related issues."

"Chapter" referenced

SECTION 3. Section 44-96-400 of the 1976 Code, as added by Act 63 of 1991, is amended to read:

"Section 44-96-400. (A) To assist in carrying out its responsibilities under this chapter, the department may require:

(1) the establishment and maintenance of records;

(2) the making of reports;

(3) the taking of samples and the performing of tests or analyses;

(4) the installation, calibration, use, and maintenance of monitoring equipment; or

(5) the providing of such other information as may be reasonably necessary to achieve the purposes of this chapter.

(B) Information obtained by the department pursuant to this chapter shall be available to the public unless the department determines such information to be proprietary. The department may make such determinations where the person submitting the information demonstrates to the satisfaction of the department that the information, or parts thereof, if made public, would divulge methods, production rates, processes, or other confidential information entitled to protection."

"Chapter" referenced

SECTION 4. Section 44-96-410 of the 1976 Code, as added by Act 63 of 1991, is amended to read:

"Section 44-96-410. For the purpose of enforcing this chapter or any regulations promulgated pursuant to this chapter, an authorized representative or employee of the department may, upon presentation of appropriate credentials, at a reasonable time:

(1) enter any facility where solid wastes are managed;

(2) inspect and copy any records, reports, information, or test results necessary to carry out the department's responsibilities under this chapter; or

(3) inspect and obtain samples of any solid wastes from the owner, operator, or agent in charge of the facility, including samples from any vehicles in which solid wastes are being transported, as well as samples of any containers or labels. The department shall provide a sample of equal volume or weight to the owner, operator, or agent in charge upon request. The department also shall provide such person with a copy of the results of any analyses of such samples."

"Chapter" referenced

SECTION 5. Section 44-96-420 of the 1976 Code, as added by Act 63 of 1991, is amended to read:

"Section 44-96-420. The department may issue, modify, or revoke any order to prevent a violation of this chapter."

Place where loads cannot be accepted

SECTION 6. Section 44-96-190(D) of the 1976 Code, as added by Act 63 of 1991 and amended by Act 450 of 1992, is further amended to read:

"(D) Twenty-four months after this chapter is effective, no owner or operator of a municipal solid waste landfill shall knowingly accept at the gate loads composed primarily of yard trash or land-clearing debris unless the landfill provides and maintains a separate waste composting facility and composts all yard trash or land-clearing debris before disposal in the landfill or contracts for the composting of such waste at the facility."

Time effective

SECTION 7. This act takes effect upon approval by the Governor.

Approved the 13th day of June, 1997.