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S. 565
STATUS INFORMATION
General Bill
Sponsors: Senator Elliott
Document Path: l:\council\bills\ggs\22285ab09.docx
Introduced in the Senate on March 11, 2009
Currently residing in the Senate Committee on Medical Affairs
Summary: Hazardous waste facility
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/11/2009 Senate Introduced and read first time 3/11/2009 Senate Referred to Committee on Medical Affairs
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 44-56-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HAZARDOUS WASTE INCINERATION FEES, SO AS TO PROVIDE THAT IN ADDITION TO EXISTING INCINERATION FEES, A FACILITY THAT INCINERATES HAZARDOUS WASTE AND IS CLASSIFIED AS A LARGE QUANTITY GENERATOR SHALL PAY AN ADDITIONAL FEE OF ONE HUNDRED DOLLARS FOR A TON DISPOSED BY INCINERATION, AND TO PROVIDE FOR THE EQUAL ALLOCATION OF THE FUNDS BETWEEN THE COUNTY FUND AND THE DEPARTMENT'S UNCONTROLLED SITE FUND.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-56-170 of the 1976 Code, as last amended by Act 257 of 2004, is further amended to read:
"Section 44-56-170. (A) EachA generator shall, no later than thirty days after the end of eacha calendar quarter, shall submit a written report to the department including, but not limited to, the following information:
(1) effective October 1, 1985, certification that he has a program in place to reduce the volume or quantity and toxicity of such waste to the degree determined by the generator to be economically practicable;
(2) effective October 1, 1985, certification that the proposed method of treatment, storage, or disposal is thatthe practicable method currently available to the generator which minimizes the present and future threat to human health and the environment;
(3) the types and quantities of hazardous wasteswaste generated;
(4) the types and quantities of these wastesthis waste shipped for treatment and disposal by landfilling or other means of land disposal;
(5) the types and quantities of these wastesthis waste remaining in storage at the end of the reporting period; and
(6) a check made payable to the department for the amount of fee imposed on these wastes by the provisions of paragraph (C.)subsection (C) of this section.
(B) EachAn owner/operator of a hazardous waste facility shall, no later than thirty days after the end of eacha calendar quarter, shall submit a written report to the department including, but not limited to, the following information:
(1) the types and quantities of hazardous wasteswaste generated;
(2) the types and quantities of hazardous wasteswaste received at the facility during the reporting period;
(3) the types and quantities of hazardous wasteswaste treated, disposed of, and otherwise handled during the reporting period; and
(4) a check made payable to the department for the amount of feesa fee imposed by paragraphsubsection (C) for any wasteswaste generated by the facility and handled in sucha manner as prescribed by its provisions; by paragraphsubsection (D) and by paragraphsubsection (E.).
EachAn owner/operator of a hazardous waste facility is, no later than thirty days after the end of eacha calendar quarter, required tomust submit to the department certification from anyan out-of-state generator thatif effective October 1, 1985:
(1) the generator has a program in place to reduce the volume or quantity and toxicity of suchthis waste to the degree determined by the generator to be economically practicable; and
(2) the proposed method of treatment, storage, or disposal is thata practicable method currently available to the generator which minimizes the present and future threat to human health and the environment;.
(C) There is imposed a fee of thirty-four dollars for a ton of hazardous wasteswaste generated and disposed of in this State by landfilling or other means of land disposal.
(D) There is hereby imposed a fee of one dollar perfor a ton of hazardous wasteswaste in excess of fifty tons remaining in storage at the end of the reporting period.
(E) For all hazardous wasteswaste generated outside of the State and received at a facility during the quarter, eachan owner/operator of a hazardous waste land disposal facility shall remit to the department an amount equal to the per ton fee for a ton imposed on out-of-state waste by the state from which the hazardous waste originated but in any event no less than thirty-four dollars a ton.
(F)(1) There is imposed a fee of ten dollars for a ton on the incineration of hazardous waste in this State whether the waste was generated within or outside of this State. FeesA fee imposed by this subsectionitem must be based on the amount of hazardous waste collected by the facility for incineration and must not include any nonhazardous materialsmaterial added to the hazardous waste at the incineration facility for purposes of fuel blending. These feesThis fee must be collected by the facility at which it is incineratedwhere the incineration of the hazardous waste occurred and remitted to the State Treasurer to be placed intoin a fund separate and distinct from the state general fund and entitled 'Hazardous Waste Fund County Account'.
(2)(a) This fee must be credited to the benefit of the county where the incineration of the hazardous waste generating the fee occurred. If the amount of funds credited to a particular county annually exceeds five hundred thousand dollars annually, the excess over five hundred thousand dollars must be credited to the general fund of the State.
(b) Effective July 1, 2000, the provisions of subitem (a) are no longer effective and the fee must be allocated in the following manner: fifty percent of the fee must be allocated to the county where the incineration of the hazardous waste generating the fee occurred and fifty percent of the fee must be allocated to the general fund of the State.
(3) Funds in eacha county's account must be released by the State Treasurer uponon the written request of a majority of the county's legislative delegation and used for infrastructure within the economically depressed area of that county.
(4)(a) For purposes of this subsection,:
(a) 'county legislative delegation' includesmeans only those members who represent the economically depressed areas of the county.;
(b) For purposes of this subsection, 'incineration' includesincludes hazardous waste incinerators, boilers, and industrial furnaces.; and
(c) For the purpose of this subsection 'infrastructure' means improvementsan improvement for a water, sewer, gas, steam, electric energy, and communication servicesservice made to a building or land which areis considered necessary, suitable, or useful to an eligible project. These improvements include, but are not limited to:
(i) improvementsan improvement to botha public water and sewer systems;
(ii) improvementsan improvement to a public electric, natural gas, and telecommunication systemssystem; and
(iii) a fixed transportation facilities includingfacility related to highway, road, rail, water, and air transportation.
(G)(1) In addition to a fee collected pursuant to Section 44-56-170(F)(1), a facility that incinerates hazardous waste and is classified as a large quantity generator shall pay an additional fee of one hundred dollars for a ton of solid waste disposed of by incineration.
(2) Fifty percent of funds received from this fee must be deposited in the county fund and fifty percent in the uncontrolled site fund for use by the department."
SECTION 2. This act takes effect upon approval by the Governor.
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