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H. 4057
STATUS INFORMATION
General Bill
Sponsors: Reps. Moss, Kelly, Anthony, Bowen, Gambrell, Gullick, Littlejohn, Mahaffey, Miller, Mitchell, J.M. Neal, Duncan, Harvin and Agnew
Document Path: l:\council\bills\nbd\11645ab07.doc
Introduced in the House on May 9, 2007
Currently residing in the House Committee on Agriculture, Natural Resources and Environmental Affairs
Summary: Landfills
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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5/9/2007 House Introduced and read first time HJ-11
5/9/2007 House Referred to Committee on Agriculture, Natural Resources
and Environmental Affairs HJ-12
5/31/2007 House Member(s) request name added as sponsor: Duncan, Harvin,
Agnew
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 44-96-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITTING OF CONSTRUCTION, DEMOLITION, OR LAND CLEARING DEBRIS LANDFILLS, SO AS TO PROVIDE THAT THE DEPARTMENT MAY NOT PERMIT A NEW CONSTRUCTION, DEMOLITION, OR LAND CLEARING DEBRIS LANDFILL WITHIN TWENTY MILES OF AN EXISTING CONSTRUCTION, DEMOLITION, OR LAND CLEARING DEBRIS LANDFILL, AND TO MAKE CERTAIN TECHNICAL CHANGES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-96-380 of the 1976 Code is amended to read:
"Section 44-96-380. (A) Not later than eighteen months after this article is effective, The department shall promulgate regulations establishing minimum standards for land application facilities and composting facilities. The regulations shall must, at a minimum, establish operational requirements and siting requirements. The department may, by regulation, exempt certain facilities from all or part of the requirements of this section.
(B) Not later than eighteen months after this article is effective, The department shall promulgate regulations establishing minimum standards for construction, demolition, and or land clearing debris landfills. The department may, by regulation, exempt certain sites or facilities from all or part of the requirements of this section. The department shall exempt a landfill for the disposal of trees, stumps, wood chips, and yard waste when generation and disposal of such waste occurs on properties under the same ownership or control. The department may not permit construction of a new construction, demolition, or land clearing debris landfill within twenty miles of an existing such landfill, not withstanding another provision of law. The regulation shall must, at a minimum, contain the following requirements:
(1) site selection;
(2) construction;
(3) hydrogeologic;
(4) operation; and
(5) closure and postclosure."
SECTION 2. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 3. This act takes effect upon approval by the Governor.
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