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AMENDED
May 23, 2002
H. 3425
S. Printed 5/23/02--S.
Read the first time March 7, 2001.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-56-202 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPLEMENT AND ENFORCE THE FEDERAL EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW ACT OF 1986, TO ADOPT THIS FEDERAL LAW AS THE LAW OF THIS STATE, AND TO PROVIDE FOR AN EXCEPTION.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-56-200 of the 1976 Code, as last amended by Act 258 of 2000, is further amended by adding at the end:
"(C) The provisions of Section 311 (42 USC 11021), as contained in the Emergency Planning and Community Right to Know Act of 1986 (Title III of the Superfund Amendments and Reauthorization Act, Public Law 99-499, October 17, 1986, as amended by Public Law 102-380, October 6, 1992), are incorporated by reference as the law of this State, except that for purposes of South Carolina law, the following is added at the end of Section 311:
'(3) An owner operator of a facility receiving hazardous chemicals under the Occupational Safety and Health Act of 1970, and regulations promulgated under that act, for which no previous material safety data sheets have been reported, as otherwise required under this act, shall provide material safety data sheets within three business days after receiving these hazardous chemicals on site. The material safety data sheets may be sent by personal delivery, by mail, by electronic mail, or by fax. For purposes of this section, material safety data sheets sent by mail are considered received as of the postmark date.'"
SECTION 2. This act takes effect upon approval by the Governor.
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