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COMMITTEE REPORT
March 29, 2000
S. 1279
S. Printed 3/29/00--S.
Read the first time March 23, 2000.
To whom was referred a Bill (S. 1279), to amend Section 44-56-470, as amended, Code of Laws of South Carolina, 1976, relating to registration and fees for drycleaning facilities, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass:
THOMAS L. MOORE, for Committee.
TO AMEND SECTION 44-56-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND FEES FOR DRYCLEANING FACILITIES, SO AS TO REVISE THE DATE BY WHICH A DRYCLEANING FACILITY OWNER OR OPERATOR MUST RECEIVE CERTAIN CERTIFICATIONS AND THE DATE BY WHICH THEY MUST INSTALL CONTAINMENT STRUCTURES AROUND EQUIPMENT ITEMS IN WHICH DRYCLEANING SOLVENTS ARE USED; AND TO AMEND ACT 119 OF 1995, RELATING TO DRYCLEANING FACIITY RESTORATION, THE DRYCLEANING RESTORATION TRUST FUND, AND THE REGULATION AND REGISTRATION OF DRYCLEANING FACILITIES, SO TO DELETE THE PROVISION WHICH REPEALS THE ACT ON JULY 1, 2005.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-56-470 of the 1976 Code, as last amended by Act 419 of 1998, is further amended to read:
"Section 44-56-470. (A) For each drycleaning facility owned and in operation, the owner or operator of the facility or person shall register with and pay initial registration fees to the Department of Revenue by October 1, 1995, and pay annual or quarterly renewal registration fees as established by the department in regulation. The fee must be accompanied by a notarized certification from the owner, on a form provided by the department, certifying the number of employees employed by the owner for the twelve-month period preceding payment of the fee.
(B) An initial and annual registration fee for each drycleaning facility with:
(1) up to four employees is seven hundred fifty dollars;
(2) five to ten employees is one thousand, five hundred dollars;
(3) eleven or more employees is two thousand, two hundred fifty dollars.
The fee must be paid within thirty days after receipt of billing by the department.
(C) Revenue derived from the registration fees must be submitted to the State Treasurer and credited to the Drycleaning Facility Restoration Trust Fund.
(D) Before July 1, 1999 2002, an owner or operator of a drycleaning facility or person shall receive certification from the International Fabricare Institute, the Neighborhood Cleaners Association, or some other comparable nationally recognized drycleaning industry association certifying that the operator has demonstrated a level of competency to operate a drycleaning facility in accordance with the highest standards of the drycleaning industry.
(E) Before July 1, 1999 2002, an owner or operator of a drycleaning facility or person shall install dikes or other containment structures around each machine or item of equipment in which drycleaning solvents are used and around an area in which solvents or waste containing solvents are stored. The dikes or containment structures must be capable of containing one-third of the capacity of the total tank capacity of each machine. To the extent practicable, an owner of a drycleaning facility or person shall seal or otherwise render impervious those portions of all diked floor surfaces upon which any drycleaning solvents may leak, spill, or otherwise be released.
(F) For drycleaning facilities that commence operating after July 1, 1995, the owners or operators of these facilities or persons, before the commencement of operations, shall install beneath each machine or item of equipment in which drycleaning solvents are used a rigid and impermeable containment vessel capable of containing one-third of the total tank capacity of each machine.
(G) A person or the owner or operator of a drycleaning facility or wholesale supply facility at which there is a spill of more than the federally mandated reportable quantity of drycleaning solvent outside of a containment structure, after July 1, 1995, shall report the spill to the department immediately upon the discovery of the spill and comply with existing emergency response regulations.
(H) Failure to comply with the requirements of this section constitutes gross negligence with regards to determining site eligibility."
SECTION 2. Section 3 of Act 119 of 1995 is deleted.
SECTION 3. This act takes effect upon approval by the Governor.
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