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Current Status Bill Number:View additional legislative information at the LPITS web site.298 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19990112 Primary Sponsor:Leventis All Sponsors:Leventis, Courson, Cork, Bryan, Elliott, Passailaigue, McConnell, Hayes, Rankin, Reese Drafted Document Number:l:\s-res\ppl\001LOWL.dmb.doc Residing Body:Senate Current Committee:Agriculture and Natural Resources Committee 01 SANR Subject:Southeast Interstate Low-Level Radioactive Waste Management Compact reenacted, Hazardous and Nuclear Waste History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 19990113 Introduced, read first time, 01 SANR referred to Committee Senate 19981216 Prefiled, referred to Committee 01 SANR Versions of This Bill
TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47, SO AS TO REENACT AND PROVIDE FOR THE SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT; TO PROVIDE FOR DEFINITIONS; TO PROVIDE FOR THE APPOINTMENT OF TWO MEMBERS TO THE COMPACT COMMISSION FROM THIS STATE; TO CREATE AN ADVISORY COMMITTEE TO CONSULT WITH AND ADVISE THE STATE'S REPRESENTATIVES TO THE COMPACT COMMISSION CONCERNING TECHNICAL AND POLICY MATTERS; TO PROVIDE FOR THE DEVELOPMENT AND OPERATION OF HOST STATE FACILITIES; TO PROVIDE FOR PARTY STATES; TO PROVIDE THAT IF SOUTH CAROLINA DETERMINES THAT ANY MEMBER STATE IS NOT ACTING IN GOOD FAITH IN COMPLYING WITH THE TERMS OF THE COMPACT THEN IT SHALL WITHDRAW IMMEDIATELY; TO PROVIDE THAT A HOST STATE MAY ENFORCE PENALTIES AND SANCTIONS AGAINST PARTY STATES WHO VIOLATE THE COMPACT; TO AMEND SECTION 48-48-3O RELATING TO LIMITS ON THE DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE AT BARNWELL BY PROVIDING THAT THE FACILITY MAY ACCEPT NO MORE THAN SIX MILLION CUBIC FEET OF WASTE BEGINNING JANUARY 1, 2000, AND ENDING JANUARY 1, 2019; TO AMEND 48-48-80 RELATING TO LOW-LEVEL RADIOACTIVE WASTE COMPACT NEGOTIATING COMMITTEE BY PROVIDING THAT THE ADVISORY COMMITTEE ESTABLISHED PURSUANT TO SECTION 48-47-330 SHALL MEET WITH REPRESENTATIVES OF OTHER STATES REGARDING SOUTH CAROLINA'S POSSIBLE REENTRY INTO THE COMPACT; TO AMEND 48-48-90 RELATING TO CARRYING FORWARD OF UNUSED ANNUALIZED SITE CAPACITY BY REDUCING FROM TWO HUNDRED THOUSAND CUBIC FEET TO THIRTY-FIVE THOUSAND CUBIC THE AMOUNT OF UNUSED SITE CAPACITY THAT MAY BE CARRIED FORWARD WHEN THE SITE DOES NOT RECEIVE AS MUCH AS THREE HUNDRED THOUSAND CUBIC FEET IN A CALENDAR YEAR; AND TO AMEND 48-48-140 RELATING TO THE IMPOSITION OF CERTAIN TAXES BY REVISING OUTDATED REFERENCES IN THIS SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 48 of the 1976 Code is amended by adding:
Section 48-47-10. This chapter may be cited as the Southeast Interstate Low-Level Radioactive Waste Management Compact.
Section 48-47-20. There is hereby created the Southeast Interstate Low-Level Radioactive Waste Management Compact. The party states recognize and declare that each state is responsible for providing for the availability of capacity either within or outside the State for disposal of low-level radioactive waste generated within its borders, except for waste generated as a result of defense activities of the federal government or federal research and development activities. They also recognize that the management of low-level radioactive waste is handled most efficiently on a regional basis. The party states further recognize that the Congress of the United States, by enacting the Low-Level Radioactive Waste Policy Act (Public Law 96-573), has provided for and encouraged the development of low-level radioactive waste compacts as a tool for disposal of such waste. The party states recognize that the safe and efficient management of low-level radioactive waste generated within the region requires that sufficient capacity to dispose of such waste be properly provided.
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; provide sufficient facilities for the proper management of low-level radioactive waste generated in the region; promote the health and safety of the region; limit the number of facilities required to effectively and efficiently manage low-level radioactive waste generated in the region; encourage the reduction of the amounts of low-level waste generated in the region; distribute the costs, benefits, and obligations of successful low-level radioactive waste management equitably among the party states; and ensure the ecological and economical management of low-level radioactive wastes.
Implicit in the Congressional consent to this compact is the expectation by Congress and the party states that the appropriate federal agencies will actively assist the Compact Commission and the individual party states to this compact by:
(1) the expeditious enforcement of federal rules, regulations, and laws;
(2) the imposition of sanctions against those found to be in violation of federal rules, regulations, and laws;
(3) the timely inspection of their licensees to determine their capability to adhere to such rules, regulations, and laws; and
(4) the timely provision of technical assistance to this compact in carrying out their obligations under the Low-Level Radioactive Waste Policy Act, as amended.
Section 48-47-30. As used in this compact, unless the context clearly requires a different construction:
(1) 'Commission' or 'Compact Commission' means the Southeast Interstate Low-Level Radioactive Waste Management Commission.
(2) 'Facility' means a parcel of land, together with the structures, equipment, and improvements thereon or appurtenant thereto, which is used or is being developed for the treatment, storage, or disposal of low-level radioactive waste.
(3) 'Generator' means any person who produces or possesses low-level radioactive waste in the course of, or as an incident to, manufacturing, power generation, processing, medical diagnosis and treatment, research, or other industrial or commercial activity. This does not include persons who provide a service to generators by arranging for the collection, transportation, storage, or disposal of wastes with respect to such waste generated outside the region.
(4) 'High-level waste' means irradiated reactor fuel, liquid wastes from reprocessing irradiated reactor fuel, and solids into which such liquid wastes have been converted, and other highly radioactive waste material as defined by the U.S. Nuclear Regulatory Commission.
(5) 'Host state' means any state in which a regional facility is situated or is being developed.
(6) 'Low-level radioactive waste' or 'waste' means radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or by-product material as defined in Section 11e, (2) of the Atomic Energy Act of 1954, or as may be further defined by federal law or regulation.
(7) 'Party state' means any state which is a signatory party to this compact.
(8) 'Person' means any individual, corporation, business enterprise, or other legal entity (either public or private).
(9) 'Region' means the collective party states.
(10) 'Regional facility' means (1) a facility as defined in this article which has been designated, authorized, accepted, or approved by the commission to receive waste or may mean (2) the disposal facility in Barnwell County, South Carolina, owned by the State of South Carolina and as licensed for the burial of low-level radioactive waste on July 1, 1982, but in no event shall this disposal facility serve as a regional facility beyond a specific date established by the General Assembly by the passage of a Concurrent Resolution provided that once the date is established it may only be changed by the passage of a Joint Resolution.
(11) 'State' means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, or any other territorial possession of the United States.
(12) 'Transuranic wastes' means waste material containing transuranic elements with contamination levels as determined by the regulations of (1) the U.S. Nuclear Regulatory Commission or (2) any host state, if it is an agreement state under Section 274 of the Atomic Energy Act of 1954.
(13) 'Waste management' means the storage, treatment, or disposal of waste.
Section 48-47-40. The rights granted to the party states by this compact are additional to the rights enjoyed by sovereign states, and nothing in this compact shall be construed to infringe upon, limit, or abridge those rights.
Section 48-47-50. (A) Subject to any license issued by the U.S. Nuclear Regulatory Commission or a host state, each party state has the right to have all wastes generated within its borders stored, treated, or disposed of, as applicable, at regional facilities and, additionally, has the right of access to facilities made available to the regional through agreements entered into by the Commission pursuant to the provisions of item (9) of Section 48-47-70. The right of access by a generator within a party state to any regional facility is limited by its adherence to applicable state and federal law and regulation.
(B) If no operating regional facility is located within the borders of a party state and the waste generated within its borders must be stored, treated, or disposed of at a regional facility in another party state, the party state without such facilities may be required by the host state or states to establish a mechanism which provides compensation for access to the regional facility according to terms and conditions established by the host state or states and approved by a two-thirds vote of the Commission.
(C) Each party state must establish the capability to regulate, license, and ensure the maintenance and extended care of any facility within its borders. Host states are responsible for the availability, the subsequent post-closure observation and maintenance, and the extended institutional control of their regional facilities in accordance with the provisions of subsection (B) of Section 48-47-170.
(D) Each party state must establish the capability to enforce any applicable federal or state laws and regulations pertaining to the packaging and transportation of waste generated within or passing through its borders.
(E) Each party state must provide to the Commission on an annual basis any data and information necessary for the implementation of the Commission's responsibilities. Each party state must establish the capability to obtain any data and information necessary to meet its obligation defined in this article.
(F) Each party state must, to the extent authorized by federal law, require generators within its borders to use the best available waste management technologies and practices to minimize the volumes of wastes requiring disposal.
Section 48-47-60. (A) There is hereby created the Southeast Interstate Low-Level Radioactive Waste Management Commission (Commission or Compact Commission). The Commission shall consist of two voting members from each party state to be appointed according to the laws of each state. The appointing authorities of each state must notify the Commission in writing of the identity of its members and any alternates. An alternate may act on behalf of the member only in the member's absence.
(B) Each commission member is entitled to one vote. No action of the Commission is binding unless a majority of the total membership cast their vote in the affirmative, or unless a greater than majority vote is specifically required by any other provision of this compact.
(C) The Commission must elect from among its members a presiding officer. The Commission must adopt and publish, in convenient form, bylaws which are consistent with this compact.
(D) The Commission must meet at least once a year and must also meet upon the call of the presiding officer, by petition of a majority of the party states, or upon the call of a host state. All meetings of the Commission must be open to the public.
Section 48-47-70. (1) To receive and approve the application of a nonparty state to become an eligible state in accordance with the provisions of subsection (B) of Section 48-47-220.
(2) To receive and approve the application of a eligible state to become a party state in accordance with the provisions of subsection (C) of Section 48-47-220.
(3) To submit an annual report and other communications to the Governors and to the presiding officer of each body of the legislature of the party states regarding the activities of the Commission.
(4) To develop and use procedures for determining, consistent with consideration for public health and safety, the type and number of regional facilities which are presently necessary and which are projected to be necessary to manage waste generated within the region.
(5) To provide the party states with reference guidelines for establishing the criteria and procedures for evaluating alternative locations for emergency or permanent regional facilities.
(6) To develop and adopt, within one year after the Commission is constituted as provided in Section 48-47-230, procedures and criteria for identifying a party state as a host state for a regional facility as determined pursuant to the requirements of this article. In accordance with these procedures and criteria, the Commission shall identify a host state for the development of a second regional disposal facility within three years after the Commission is constituted as provided for in Section 48-47-230, and shall seek to ensure that such facility is licensed and ready to operate as soon as required but in no event later than 1991.
In developing criteria, the Commission must consider the following: the health, safety, and welfare of the citizens of the party states; the existence of regional facilities within each party state; the minimization of waste transportation; the volumes and types of wastes generated within each party state; and the environmental, economic, and ecological impacts on the air, land, and water resources of the party states.
The commission shall conduct such hearings, require such reports, studies, evidence, and testimony, and do what is required by its approved procedures in order to identify a party state as a host state for a needed facility.
(7) In accordance with the procedures and criteria developed pursuant to item (6) of this section, to designate, by a two-thirds vote, a host state for the establishment of a needed regional facility. The Commission shall not exercise this authority unless the party states have failed to voluntarily pursue the development of that facility. The Commission has the authority to revoke the membership of a party state that willfully creates barriers to the siting of a needed regional facility.
(8) To require of and obtain from party states, eligible state seeking to become party states, and nonparty states seeking to become eligible states, data and information necessary for the implementation of Commission responsibilities.
(9) Notwithstanding any other provision of this compact, to enter into agreements with any person, state, or similar regional body or group of states for the importation of waste into the region and for the right of access to facilities outside the region for waste generated within the region. The authorization to import requires a two-thirds majority vote of the Commission, including an affirmative vote of both representatives of a host state in which an affected regional facility is located. This shall be done only after an assessment of the affected facility's capacity to handle these wastes.
(10) To act or appear on behalf of any party state or states, only upon written request of both members of the Commission from such state or states as an intervenor or party in interest before Congress, state legislatures, any court of law, or any federal, state, or local agency, board, or commission which has jurisdiction over the management of wastes. The authority to act, intervene, or otherwise appear shall be exercised by the Commission, only after approval by a majority vote of the Commission.
(11) To revoke the membership of party state in accordance with the provisions of Section 48-47-270.
Section 48-47-80. The Commission may establish any advisory committees as it deems necessary for the purpose of advising the Commission on any matters pertaining to the management of low-level radioactive waste.
Section 48-47-90. The Commission may appoint or contract for and compensate a limited staff necessary to carry out its duties and functions. The staff shall serve at the Commission's pleasure irrespective of the civil service, personnel, or other merit laws of any of the party states or the federal government and shall be compensated from funds of the Commission. In selecting any staff, the Commission must assure that the staff has adequate experience and formal training to carry out such functions as may be assigned to it by the Commission. If the Commission has a headquarters it must be in a party state.
Section 48-47-100. Funding for the Commission must be provided as follows:
(1) Each eligible state, upon becoming a party state, must pay twenty-five thousand dollars to the Commission which must be used for costs of the Commission's services.
(2) Each state hosting a regional disposal facility must annually levy special fees or surcharges on all users of that facility, based upon the volume of wastes disposed of at these facilities, the total of which:
(a) must be sufficient to cover the annual budget of the Commission;
(b) must represent the financial commitments of all party states to the Commission;
(c) must be paid to the Commission; provided, however, that each host state collecting these fees or surcharges may retain a portion of the collection sufficient to cover its administrative costs of collection and that the remainder is sufficient only to cover the approved annual budgets of the Commission.
(3) The Commission must set and approve its first annual budget as soon as practicable after its initial meeting. Host states for regional disposal facilities must begin imposition of the special fees and surcharges provided for in this section as soon as practicable after becoming party states, and must remit to the Commission funds resulting from collection of such special fees and surcharges within sixty days of their receipt.
Section 48-47-110. The Commission must keep accurate accounts of all receipts and disbursements. An independent certified public accountant must annually audit all receipts and disbursements of Commission funds and submit an audit report to the Commission. The audit report must be made a part of the annual report of the Commission required by item (3) of Section 48-47-70.
Section 48-47-120. The Commission may accept for any of its purposes and functions any donations, grants of money, equipment, supplies, materials, and services (conditional or otherwise) from any state, or the United States, or any subdivision or agency thereof, or interstate agency, or from any institution, person, firm, or corporation, and may receive, utilize, and dispose of the same. The nature, amount, and condition, if any, attendant upon any donation or grant accepted pursuant to this section, together with the identity of the donor, grantor, or lender must be detailed in the annual report of the Commission.
Section 48-47-130. The Commission is not responsible for any costs associated with:
(1) the creation of any facility;
(2) the operation of any facility;
(3) the stabilization and closure of any facility;
(4) the post-closure observation and maintenance of any facility; or
(5) the extended institutional control, after post-closure observation and maintenance of any facility.
Section 48-47-140. As of January 1, 1986, the management of wastes at regional facilities is restricted to wastes generated within the region, and to wastes generated within nonparty states when authorized by the Commission pursuant to the provisions of this compact. After January 1, 1986, the Commission may prohibit the exportation of waste from the region for the purposes of management.
Section 48-47-150. The Commission herein established is a legal entity separate and distinct from the party states capable of acting in its own behalf and is liable for its actions. Liabilities of the Commission shall not be deemed liabilities of the party states. Members of the Commission are not personally liable for action taken by them in their official capacity.
Section 48-47-160. Except as specifically provided in this compact, nothing in this compact shall be construed to alter the incidence of liability of any kind for any act, omission, course of conduct, or on account of any causal or other relationships. Generators and transporters of wastes and owners and operators of sites are liable for their acts, omissions, conduct, or relationships in accordance with all laws relating thereto.
Section 48-47-170. (A) Any parties state which becomes a host state in which a regional facility is operated must not be designated by the Compact Commission as a host state for an additional regional facility until each party state has fulfilled its obligation, as determined by the Commission, to have a regional facility operated within its borders.
(B) A host state desiring to close a regional facility located within its borders may do so only after notifying the Commission in writing of its intention to do so and the reasons therefor. This notification must be given to the Commission at least four years prior to the intended date of closure. Notwithstanding the four-year notice requirement herein provided, a host state is not prevented from closing its facility or establishing conditions of its use and operations as necessary for the protection of the health and safety of its citizens. A host state may terminate or limit access to its regional facility if it determines that Congress has materially altered the conditions of this compact.
(C) Each party state designated as a host state for a regional facility must take appropriate steps to ensure that an application for a license to construct and operate a facility of the designated type is filed with and issued by the appropriate authority.
(D) No party state shall have any form of arbitrary prohibition on the treatment, storage, or disposal of low-level radioactive waste within its borders.
(E) No party state is required to operate a regional facility longer than a twenty-year period or to dispose of more than thirty-two million cubic feet of low-level radioactive waste, whichever first occurs.
Section 48-47-175. (A) There is imposed a tax of six dollars a cubic foot on each cubic foot of low-level radioactive waste disposed of in this State.
(B) The owner or operator of a low level radioactive waste disposal facility shall, no later than 30 days following the end of each quarter, submit the following to the South Carolina Department of Revenue and Taxation:
(a) A report detailing the quantity and type of waste disposed of during the previous calendar quarter; and
(b) A check made payable to the South Carolina Department of Revenue and Taxation for the amount of tax imposed in (A) above.
(C) The revenues collected under this Section shall be allocated to the Education Finance Act until such time as the program is fully funded. Any excess revenues shall be credited to the General Fund of the State.
(D) For purposes of this section, 'low-level radioactive waste' means property delivered to the low-level radioactive waste disposal facility in Barnacle County for long-term disposal. It does not include materials consumed or disposed of arising out of the operation of the facility.
(E) The tax imposed by this section is calculated by multiplying the amount of the tax imposed on a cubic foot by the cubic foot amount specified in the permits required by the State Department of Health and Environmental Control and submitted at the time of delivery of the low-level radioactive waste.
Section 48-47-180. Nothing in this compact shall be construed to:
(1) abrogate or limit the applicability of any act of Congress or diminish or otherwise impair the jurisdiction of any federal agency expressly conferred thereon by the Congress;
(2) abrogate or limit the regulatory responsibility and authority of the U.S. Nuclear Regulatory Commission or of an agreement state under Section 274 of the Atomic Energy Act of 1954 in which a regional facility is located;
(3) make inapplicable to any person or circumstance any other law of a party state which is not inconsistent with this compact;
(4) make unlawful the continued development and operation of any facility already licensed for development or operation on the date this compact becomes effective, except that any such facility must comply with the provisions of Article 5, Article 7, and Article 9 and is subject to any action lawfully taken pursuant thereto;
(5) prohibit any storage or treatment of waste by the generator on its own premises;
(6) affect any judicial or administrative proceeding pending on the effective date of this compact;
(7) alter the relations between, and the respective internal responsibilities of, the government of a party state and its subdivisions;
(8) affect the generation, treatment, storage, or disposal of waste generated by the atomic energy defense activities of the Secretary of the United States Department of Energy or federal research and development activities as defined in Public Law 96-573; or
(9) affect the rights and powers of any party state and its political subdivisions to regulate and license any facility within its borders or to affect the rights and powers of any party state and its political subdivisions to tax or impose fees on the waste managed at any facility within its borders.
Section 48-47-190. No party state shall pass any law or adopt any regulation which is inconsistent with this compact. To do so may jeopardize the membership status of the party state.
Section 48-47-200. Upon formation of the compact, no law or regulation of a party state or of any subdivision or instrumentality thereof may be applied to restrict or make more inconvenient access to any regional facility by the generators of another party state than for the generators of the state where the facility is situated.
Section 48-47-210. Waste management restrictions at regional facilities pursuant to Section 48-47-140 are enforceable as a matter of state law.
Section 48-47-220. (A) This compact has as initially eligible parties the States of Alabama, Florida, Georgia, Mississippi, North Carolina, South Carolina, Tennessee, and Virginia.
(B) Any state not expressly declared eligible to become a party state to this compact in subsection (A) of this section may petition the Commission, once constituted, to be declared eligible. The Commission may establish the conditions as it deems necessary and appropriate to be met by a state wishing to become eligible to become a party state to this compact pursuant to the provisions of this section. Upon satisfactorily meeting the conditions and upon the affirmative vote of two-thirds of the Commission, including the affirmative vote of both representatives of a host state in which any affected regional facility is located, the petitioning state is eligible to become a party state to this compact and may become a party state in the same manner as those states declared eligible in subsection (A) of this section.
(C) Each state eligible to become a party state to this compact is declared a party state upon enactment of this compact into law by that state and upon payment of the fees required by Section 48-47-100. The Commission is the judge of the qualifications of the party states and of its members and of their compliance with the conditions and requirements of this compact and the laws of the party states relating to the enactment of this compact.
Section 48-47-230. The first three states eligible to become party states to this compact which enact this compact into law and appropriate the fees required by Section 48-47-100 shall immediately, upon the appointment of their Commission members: constitute themselves as the Southeast Low-Level Radioactive Waste Management Commission; cause legislation to be introduced in Congress granting the consent of Congress to this compact; and do those things necessary to organize the commission and implement the provisions of this compact.
Section 48-47-240. All succeeding states eligible to become party states to this compact shall be declared party states pursuant to the provisions of subsection (C) of Section 48-47-220.
Section 48-47-250. The consent of Congress is required for the full implementation of this compact. The provisions of Section 48-47-170(D) shall not become effective until the effective date of the import ban authorized by Section 48-47-140 as approved by Congress. Congress may by law withdraw its consent only every five years.
Section 48-47-260. No state which holds membership in any other regional compact for the management of low-level radioactive waste may be considered by the Compact Commission for eligible state status or party state status.
Section 48-47-270. Any party state which fails to comply with the provisions of this compact or to fulfill the obligations incurred by becoming a party state to this compact may be subject to sanctions by the Commission, including suspension of its rights under this compact and revocation of its status as a party state. Any sanction must be imposed only upon the affirmative vote of at least two-thirds of the Commission members. Revocation of party state status may take effect on the date of the meeting at which the Commission approves the resolution imposing that sanction, but in no event shall revocation take effect later than ninety days from the date of such meeting. Rights and obligations incurred by being declared a party state to this compact shall continue until the effective date of the sanction imposed or as provided in the resolution of the Commission imposing the sanction.
The Commission must, as soon as practicable after the meeting at which a resolution revoking status as a party state is approved, provide written notice of the action, along with a copy of the resolution, to the Governors, the Presidents of the Senates, and the speakers of the Houses of Representatives of the party states, as well as chairmen of the appropriate committees of Congress.
Section 48-47-280. Subject to the provisions of Section 48-47-285, any party state may withdraw from this compact by enacting a law repealing the compact; provided, that if a regional facility is located within such state, such regional facility shall remain available to the region for four years after the date the commission receives verification in writing from the Governor of such party state of the recission of the compact. The commission, upon receipt of the verification, shall as soon as practicable provide copies of such verification to the Governors, the Presidents of the Senates, and the Speakers of the Houses of Representatives of the party states as well as the chairmen of the appropriate committees of Congress.
Section 48-47-285. The right of a party state to withdraw pursuant to Section 48-47-280 terminates no later than thirty days following the commencement of operation of the second host state disposal facility. Thereafter, a party state may withdraw only with the unanimous approval of the commission and with the consent of Congress. For purposes of this section, the low-level radioactive waste disposal facility located in Barnwell County, South Carolina, is considered the first host state disposal facility.
Section 48-47-290. This compact may be terminated only by the affirmative action of Congress or by the repeal of all laws enacting the compact in every party state.
Section 48-47-300. Each party state, consistent with its own law, must prescribe and enforce penalties against any person not an official of another state for violation of any provision of this compact.
Section 48-47-310. Each party state acknowledges that the receipt by a host state of waste packaged or transported in violation of applicable laws and regulations can result in the imposition of sanctions by the host state which may include suspension or revocation of the violator's right of access to the facility in the host state.
Section 48-47-320. The provisions of this compact are severable and if any phrase, clause, sentence, or provision of this compact is declared by a court of competent jurisdiction to be contrary to the Constitution of any participating state or of the United States, or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any other government, agency, person, or circumstance shall not be affected thereby. If any provision of this compact is held to be contrary to the Constitution of any participating state, the compact shall remain in full force and effect as to the state affected as to all severable matters. The provisions of this compact shall be liberally construed to give effect to its purposes.
Section 48-47-330. (A) The two members of the Compact Commission from South Carolina, who may be members of the General Assembly, must be appointed by the Governor with the advice and consent of the Senate.
(B) Written approval from the Governor is required before a member of the Compact Commission from South Carolina may (1) file a written request or (2) cast an affirmative vote on any application, authorization, or petition provided for in Section 48-47-70 (10) or Section 48-47-220(B).
(C) There is an advisory committee composed of two members appointed by the Speaker of the House, two members appointed by the President Pro Tempore of the Senate, two members appointed by the Governor, and the Chief of the Bureau of Radiological Health of the State Department of Health and Environmental Control, ex officio, which members shall consult with and advise the state's representatives to the Compact Commission concerning technical and policy matters.
Section 48-47-340. If any member state refuses to accept its designation as a host state, then South Carolina shall immediately withdraw from this compact subject to the provisions of Section 48-47-280 and take appropriate action to limit access to the facility located in this State.
If South Carolina determines at any time that any member state is not acting in good faith in complying with all of the terms of the compact, then South Carolina shall withdraw immediately."
SECTION 2. Section 48-48-30 of the 1976 Code is amended to read:
"Section 48-48-30. The regional disposal facility located at Barnwell may accept not more than ten six million cubic feet of low-level radioactive waste during the period beginning January 1, 1986 2000, and ending January 1, 1996 2019. The facility shall accept no waste from out of the region if receipt of such waste would result in disposal in excess of one million, two three hundred thousand cubic feet of waste for a calendar year, except as otherwise provided in this chapter."
SECTION 3. Section 48-48-80 of the 1976 Code is amended to read:
"Section 48-48-80. (A) The Governor advisory committee established pursuant to Section 48-47-330 shall appoint serve as a Low-Level Radioactive Waste Compact Negotiating Committee. The committee shall be composed of seven members appointed by the Governor, three who shall be from the State at large, two who shall be members of the South Carolina Senate recommended by the President Pro Tempore of the Senate, and two who shall be members of the South Carolina House of Representatives recommended by the Speaker. The committee shall negotiate meet with representatives of other states to establish a new low-level the basis for South Carolina's possible reentry into the radioactive waste management compact, subject to the following requirements:
(1) the committee shall only negotiate with states that have demonstrated a commitment to the compacting process and that have made substantial progress in implementing that process and who have passed an act authorizing representatives to enter compact negotiations;
(2) the State, as the initial host state, must have ultimate authority over access to the Barnwell facility and the terms and conditions for such access;
(3) the Compact Commission, subject to approval by the South Carolina representatives on the commission, must have authority to negotiate contracts with other states and with individual generators directly; and
(4) the compact must provide for an appropriate host fee to be paid to Barnwell County.
(5) the compact must be ratified by a joint resolution of the General Assembly.
(B) In accordance with Section 13-7-30, the State Budget and Control Board, or its designee, is responsible for extended custody and maintenance of the Barnwell site following closure and license transfer from the facility operator. The department is responsible for continued site monitoring.
(C) Nothing in this section must be construed to alter or diminish the existing statutory authority of the department to regulate activities involving radioactive materials and radioactive wastes.
(D) No low-level radioactive waste generated within the State of North Carolina may be disposed of at a facility located in this State."
SECTION 4. Section 48-48-90 of the 1976 Code is amended to read:
"Section 48-48-90. The site operator may carry forward to any subsequent year unused annual site capacity up to two hundred thirty-five thousand cubic feet whenever the site does not receive as much as one million, two three hundred thousand cubic feet in a calendar year. In no calendar year may this carry-forward be used by the site operator to accept for disposal or storage an amount of waste in excess of one million, four hundred three hundred thirty-five thousand cubic feet by operation of this or any other section. The use of this carry-forward of unused annualized site capacity may not result in disposal or storage of waste in excess of ten six million cubic feet of waste prior to December 31, 1995 2019."
SECTION 5. Section 48-48-140 of the 1976 Code is amended to read:
"Section 48-48-140. (A) There is imposed a tax of two hundred thirty-five dollars a cubic foot on each cubic foot of low-level radioactive waste disposed of in this State. The revenues resulting from the provisions of this section must be used for the Children's Education Endowment as reflected in appropriations to the State Treasurer in Part I, Section 10 of the 1995-96 general appropriations act and as thereafter provided, except as provided in Subsection (C).
(B) The owner or operator of a low-level radioactive waste disposal facility no later than thirty days following the end of each quarter shall submit the following to the South Carolina Department of Revenue:
(1) a report detailing the quantity and type of waste disposed of during the previous calendar quarter; and
(2) a check made payable to the South Carolina Department of Revenue for the amount of the tax imposed in (A) above.
(C) An amount equal to six dollars a cubic foot of each cubic foot of waste disposed of in this State must be allocated to the Education Finance Act until such time as the program is fully funded. All remaining revenues collected pursuant to this section must be allocated as follows: ninety-five percent of the revenues collected pursuant to this section must be credited to the Children's Education Endowment, a fund separate and distinct from the general fund of the State, in the manner provided by law, and the remaining revenues must be remitted by the State Treasurer to the governing body of Barnwell County for distribution to each of the parties to and beneficiaries of the order of the United States District Court in C.A. No. 1:90-2912-6 on the same schedule of allocation as is established within that order for the distribution of 'payments in lieu of taxes' paid by the United States Department of Energy.
(D) For purposes of this section 'low-level radioactive waste' means property delivered to the low-level radioactive waste disposal facility in Barnwell County for long-term disposal. It does not include materials consumed or disposed of arising out of the operation of the facility.
(E) The tax imposed by this section is calculated by multiplying the amount of the tax imposed on a cubic foot by the cubic foot amount specified in the permits required by the South Carolina Department of Health and Environmental Control and submitted at the time of delivery of the low-level radioactive waste.
(F) In addition to the disposal tax imposed pursuant to this section, there is imposed a contingent annual license tax on any company which operates a licensed disposal site in this State for the disposal of low-level radioactive waste. The tax is an amount determined as follows:
(1) for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the shortfall, if any, in amounts credited for the fiscal year to the Higher Education Scholarship Grants portion of the Children's Education Endowment Fund and twenty-two million dollars;
(2) for the fiscal year beginning July 1, 1997, and ending June 30, 1998, an amount calculated as provided in item (1), except that the applicable fiscal year is 1997-98 and the applicable amount is twenty-three million dollars;
(3) for fiscal years beginning after June 30, 1998, an amount as determined in item (1), except that the applicable fiscal year is the then current fiscal year and the applicable amount is the shortfall, if any, in amounts credited for the fiscal year to the Higher Education Scholarship Grants portion of the Children's Education Endowment fund and twenty-four million dollars.
The tax imposed by this subsection is due and payable at the same time provided for the payment of the disposal fee provided pursuant to subsection (B), calculated proportionately over the fiscal year. Underpayments or overpayments in a year must be reflected by an adjusted payment for the first quarter of the succeeding fiscal year.
The tax imposed by this subsection is enforceable as provided in Chapter 54 of Title 12.
Notwithstanding the provisions of this subsection, the entire contingent license tax due for Fiscal Year 1996-97 and the estimated contingent license tax due for the first quarter of Fiscal Year 1997-98 are due and payable before January 31, 1998.
Notwithstanding the provisions of Section 59-143-10, the amount of earned revenue for the Higher Education Scholarship Grants portion for Fiscal Year 1996-97 must be increased by the contingent annual license tax due and payable by January 31, 1998.
Revenue of the contingent license tax imposed by this section must be credited to the Higher Education Scholarship Grants portion of the Children's Education Endowment Fund."
SECTION 6. This act takes effect upon approval by the Governor.
This web page was last updated on Wednesday, December 9, 2009 at 9:05 A.M.