Current Status Bill Number:3623 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970311 Primary Sponsor:Sharpe All Sponsors:Sharpe Drafted Document Number:bbm\9023jm.97 Residing Body:Senate Date of Last Amendment:19980528 Subject:Solid waste, waste tire management; Waste Tire Trust Fund, facilities, Water and Sewer
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19980528 Read second time, ordered to
third reading with notice of
general amendments
Senate 19980528 Committee amendment adopted
Senate 19980527 Committee report: Favorable with 13 SMA
amendment
Senate 19970429 Introduced, read first time, 13 SMA
referred to Committee
House 19970424 Read third time, sent to Senate
House 19970423 Amended, read second time
House 19970416 Committee report: Favorable with 20 HANR
amendment
House 19970311 Introduced, read first time, 20 HANR
referred to Committee
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Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
May 28, 1998
H. 3623
S. Printed 5/28/98--S.
Read the first time April 29, 1997.
TO AMEND SECTION 44-96-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN CONNECTION WITH THE STATE'S SOLID WASTE POLICY, SO AS TO DISTINGUISH BETWEEN "COLLECTION", "DISPOSAL", "PROCESSING", AND "RECYCLING" AS APPLIED TO FACILITIES MANAGING WASTE TIRES; AND TO AMEND SECTION 44-96-170, AS AMENDED, RELATING TO WASTE TIRES, SO AS TO INCLUDE DISTINCTIONS AMONG WASTE TIRE MANAGEMENT, TO PROVIDE FOR A TIPPING FEE ON OVERSIZE WASTE TIRES, TO REFINE THE RETAILER-WHOLESALER REFUND PROGRAM, TO REVISE REQUIREMENTS AND PRIORITIES FOR USE OF GRANT FUNDS FROM THE WASTE TIRE TRUST FUND, TO UPDATE REFERENCES TO THE OFFICE OF THE GOVERNOR AND THE SOLID WASTE ADVISORY COUNCIL, AND TO REQUIRE RECORDKEEPING AND REPORTING BY WASTE TIRE FACILITIES.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-96-40(68) of the 1976 Code, as added by Act 63 of 1991, is amended to read:
"(68)(a) 'Waste tire collection site facility' means a permitted facility site, or a site exempted from the permit requirement, used for the temporary storage of waste tires or processed tires before prior to treatment or recycling, processing, or disposal.
(b) 'Waste tire disposal facility' means a permitted facility where processed waste tires are placed on the land in a manner which constitutes disposal.
(c) 'Waste tire processing facility' means a permitted facility where equipment is used to cut, shred, burn for volume reduction, or to otherwise alter whole waste tires. The term includes mobile waste tire processing equipment.
(d) 'Waste tire recycling facility' means a permitted facility where waste tires are used as a fuel source, or returned to use in the form of products or raw materials."
SECTION 2. Section 44-96-170(D) through (P) of the 1976 Code, as added by Act 63 of 1991 and some of which subsections were amended by Sections 1155 and 1156 of Act 181 of 1993, are further amended to read:
"(D) Each county will be is required by the department to participate in ongoing waste tire clean-up enforcement efforts, and no later than twelve months after promulgation of regulations by the department, establish approved waste tire accumulation sites, designate waste tire processing, recycling, and disposal methods to be used, and begin disposal operations in compliance with the applicable regulations. Counties may contract with other counties and with private firms to implement the provisions of this chapter. The department shall administer waste tire disposal management plans for those counties which do not submit proposals.
(E) Counties are prohibited from imposing an additional disposal fee on waste tires generated within the county. However, a county may impose an additional disposal fee on waste tires, heavy equipment tires, and oversized tires that have a greater diameter than the largest tire with a Department of Transportation number. A disposal fee may be charged on waste tires generated outside of South Carolina. Counties may require fleets to provide documentation for proof of purchase on in-state tires. For tires not included in documentation, an additional tipping fee may be charged. Counties may charge a tipping fee of up to one dollar and fifty cents for each waste tire manufactured or up to one hundred fifty dollars a ton for waste tires generated in this State for which no fee has been paid otherwise.
(F) Counties may charge a tipping fee of up to one dollar and fifty cents for each waste tire manufactured in this State or up to one hundred fifty dollars per ton for waste tires manufactured in this State for which no fee has been paid otherwise.
(F)(G) Not later than six months after the department promulgates regulations, no a person, except as provided, shall not knowingly deposit whole waste tires in a landfill as a method of ultimate disposal.
(G)(H) Eighteen months after this chapter is effective, no a person shall not:
(1) maintain a waste tire collection site unless such site is an integral part of the person's permitted waste tire treatment facility or that person has entered into a contract with a permitted waste tire treatment facility for the disposal of waste tires;
(2) knowingly dispose of waste tires in this State, unless the waste tires are disposed of at a: (a) permitted solid waste disposal facility for treatment; or
(b) waste tire collection site which is an integral part of a permitted waste tire treatment facility;
(c) permitted waste tire treatment facility; or
(d) permitted waste tire collection center; or
(3) knowingly dispose of or discard waste tires on the property of another, in a manner not prescribed by this chapter.
For an interim period to be determined by the department, waste tires may be disposed of at a solid waste disposal facility, a waste tire treatment recycling or processing facility, or a waste tire collection center seeking a permit from the department pursuant to this section. Notwithstanding any other provision of law, any person violating this subsection shall be subject to a fine not to exceed two hundred dollars. This provision may be enforced by a state, county, or municipal law enforcement official, or by the department. Each tire improperly disposed of shall constitute a separate violation.
(I) It is the policy of this State to recommend that waste tires be managed at a:
(a) waste tire collection site which is an integral part of a permitted waste tire recycling or processing facility;
(b) permitted waste tire recycling or processing facility; or
(c) permitted waste tire collection center.
(H)(J) Not later than twelve months after this chapter is effective, the department shall promulgate regulations requiring all collectors, processors, recyclers, haulers, and disposers of waste tires to obtain a permit or registration issued by the department. The regulations shall set forth the requirements for the issuance of such permits or registrations. After the effective date of the regulations, no a person shall not collect, haul, recycle, or process waste tires unless that person has obtained a permit or registration from the department for that activity or, for an interim period to be determined by the department, is seeking a permit or registration from the department for that activity.
(I)(K) Subsection (H) (J) does not apply to items (1) through (5) if these designated waste tire sites are maintained so as to prevent and control mosquitos or other public health nuisances as determined by the department:
(1) a tire retailing business where less than one thousand waste tires are kept on the business premises;
(2) a tire retreading business where less than two thousand five hundred waste tires are kept on the business premises or a tire retreading facility that is owned or operated by a company that manufactures tires in this State or the tire manufacturer's parent company or its subsidiaries;
(3) a business that, in the ordinary course of business, removes tires from motor vehicles if less than one thousand of these tires are kept on the business premises;
(4) a permitted solid waste facility with less than two thousand five hundred waste tires temporarily stored on the business premises; or
(5) a person using waste tires for agricultural purposes.
(J)(L) The department shall encourage the voluntary establishment of waste tire collection centers, waste tire treatment facilities, and solid waste disposal facilities to be open to the public for the deposit of waste tires.
(K)(M) The department is authorized to establish incentive programs to encourage individuals to return their used tires to waste tire disposal recycling or processing facilities.
(L)(N) For sales made on or after November 1, 1991, there is imposed a fee of two dollars per new tire with a DOT number sold to the ultimate consumer, whether the tire is mounted by the seller or not. The wholesaler or retailer receiving new tires from unlicensed wholesalers shall be responsible for the fee imposed by this section. The Department of Revenue and Taxation shall administer, collect, and enforce the tire disposal recycling fee in the same manner that the sales and use taxes are collected pursuant to Chapter 36 of Title 12. The fee imposed by this section must be remitted on a monthly basis. However, taxpayers are not required to make payments under Section 12-36-2600. In lieu of the discount allowed pursuant to Section 12-36-2610, the taxpayer may retain three percent of the total fees collected as an administrative collection allowance. This allowance applies whether or not the return is timely filed. The department shall deposit all fees collected to the credit of the State Treasurer. The State Treasurer shall establish a separate and distinct account from the state general fund. The State Treasurer shall distribute one and one-half dollars of each tire sold to each county based upon the population in each county according to the most recent United States Census. The county shall use these funds for collection, processing, or recycling and disposal of waste tires generated within that county the State. The remaining portion of the tire disposal recycling fee is to be credited to the Solid Waste Management Trust Fund by the State Treasurer for the Waste Tire Grant Trust Fund, which is established under the administration of the South Carolina Department of Health and Environmental Control. The General Assembly shall review the waste tire disposal recycling fee every five years.
(M)(O) A wholesaler or retailer required to submit a fee under subsection (L) (N) who delivers or arranges delivery of waste tires to:
(1) a permitted or approved waste tire disposal recycling facility, or
(2) a permitted or approved waste tire processing facility which processes waste tires before recycling, may apply for a refund of one dollar per tire delivered. If waste tires generated in South Carolina, on which a fee has been paid, are delivered to a waste tire facility located outside this State, a wholesaler or retailer may apply for a refund of one dollar per tire delivered if the receiving facility is permitted or approved by the host state as a waste tire recycling facility or a waste tire processing facility which processes waste tires before recycling. In no case may a refund be approved for a number of tires delivered in excess of the number of new tires sold by the individual wholesaler or retailer. Verification must be provided as required by the South Carolina State Department of Revenue and Taxation. Any All refund refunds made pursuant to this subsection must be charged against the appropriate county's distributions under subsection (L) (N).
The department shall develop a list of permitted waste tire recycling or processing facilities which meet the requirements of this chapter. A tire retailing business offering new tires for sale must accept, at the point of transfer or within thirty days from the sale of a new tire, an equal number of waste tires from the customer.
(N)(P) The Office of Solid Waste Reduction and Recycling of DHEC may provide grants from the Waste Tire Grant Trust Fund to local governments to assist in the following: counties which have exhausted all funds remitted to counties under Section 44-96-170(N), to regions applying on behalf of those counties and to local governments within those counties to assist in the following:
(1) constructing or operating a Tire Derived Fuel (TDF) burning facility for processing or building heat, electricity, or other energy recovery;
(2)(1) constructing or operating, or contracting for the construction or operation of a with waste tire treatment facility and equipment for disposal processing or recycling facilities;
(3) contracting for waste tire treatment facility services;
(4)(2) removing or contracting for the removal of waste tires for processing or recycling; or
(5)(3) performing or contracting for the performance of research designed to facilitate waste tire recycling or disposal.; or
(4) purchasing of recycled products made from waste tires generated in this State.
Priority is to be given to TDF facilities that utilize existing combustion equipment and provide large volume uses.
For three years from this chapter's effective date, the funds in the Waste Tire Grant Trust Fund must be used exclusively to fund grants to a county or region to pay for the cost of disposal of the accumulated waste tires.
(O)(Q) Waste tire grants must be awarded on the basis of written grant request proposals submitted to and approved, not less than annually, by the committee consisting of ten members appointed by the commissioner representing the following:
(1) the South Carolina Tire Dealers and Retreaders Association;
(2) the South Carolina Association of Counties;
(3) the South Carolina Association of Regional Councils;
(4) the South Carolina Department of Health and Environmental Control;
(5) tire manufacturers;
(6) the general public;
(7) a public interest and environmental organization;
(8) the South Carolina Department of Natural Resources;
(9) the Division of Energy, Agriculture and Natural Resources in the Office of the Governor; and
(10) the South Carolina Municipal Association.
Members of the committee shall serve for terms of three years and until their successors are appointed and qualify except that of those first appointed, three shall serve for terms of two years, and three shall serve for terms of one year, as designated by the commissioner.
Vacancies must be filled in the manner of original appointment for the unexpired portion of the term. The representative of the department shall serve as chairman. The committee shall review grant requests and proposals and make recommendations on grant awards to the State Solid Waste Advisory Council. Grants must be awarded by the State Solid Waste Advisory Council.
(R) Upon the cessation of the existence of the State The department may use funds from the Waste Tire Trust Fund to fund activities of the department to implement provisions of this section and to promote the recycling of waste tires. The use of these funds shall be reviewed annually by the Waste Tire Committee and the State Solid Waste Advisory Council., The Office of Solid Waste Reduction and Recycling shall receive Advisory Council also may make recommendations to the office for the use of these funds from the committee.
(S) The department shall establish by regulation recordkeeping and reporting requirements for waste tire haulers and collection, processing, recycling, and disposal facilities.
(P)(T) A county failing to comply with the requirements of this section and regulations promulgated under it are is not eligible for monies from the Waste Tire Grant Trust Fund."
SECTION 3. Section 44-96-40(14) of the 1976 Code, as added by Act 63 of 1991, is amended to read:
"(14) 'For hire motor carrier' means those motor carriers transporting persons or property over any improved public highway under a rate, fare, or charge established and approved by the Public Service Commission for such transportation services available to the public and does not include or apply to businesses and vendors operating their own motor carriers to transport persons or property for their own internal business operations any company operating a fleet of vehicles used exclusively in the transportation of freight for compensation."
SECTION 4. This act takes effect upon approval by the Governor.