A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 44-96-195 SO AS TO PROHIBIT LAND APPLICATION OF SLUDGE AND THE SALE AND DISTRIBUTION OF COMPOST AND OTHER AGRICULTURAL PRODUCTS AND MATERIALS CONTAINING SLUDGE AND SEPTAGE.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Article 1, Chapter 96, Title 44 of the S.C. Code is amended by adding:

 

    Section 44-96-195. (A) Notwithstanding any provision of law to the contrary, except as provided in subsection (B), a person may not:

       (1) apply to or spread on any land in the State:

           (a) sludge generated from a municipal, commercial, or industrial wastewater treatment plant;

           (b) compost material that included in its production sludge generated from a municipal, commercial, or industrial wastewater treatment plant or septage; or

           (c) any other product or material that is intended for use as a fertilizer, soil amendment, topsoil replacement, or mulch or for other similar agricultural purpose that is derived from or contains sludge generated from a municipal, commercial, or industrial wastewater treatment plant or septage; or

       (2) sell or distribute in the State:

           (a) compost material that included in its production sludge generated from a municipal, commercial, or industrial wastewater treatment plant or septage; or

           (b) any other product or material that is intended for use as a fertilizer, soil amendment, topsoil replacement, or mulch or for other similar agricultural purpose that is derived from or contains sludge generated from a municipal, commercial, or industrial wastewater treatment plant or septage.

    (B) The prohibitions in subsection (A) do not apply to:

       (1) the disposal or placement at a solid waste landfill of any of the materials that are prohibited from application, spreading, sale, or distribution by this subsection;

       (2) the land application of or the sale or distribution of compost material or other agricultural product or material derived from or containing residuals generated as a result of the processing or cultivation of food, food waste, crops, or vegetative material, the brewing of malt liquor, the fermenting of wine or hard cider, or the distilling of spirits including, but not limited to, blueberries, apples, grapes, potatoes, seaweed, fish and seafood, and spent grain or malt, provided that residuals are not mixed with sludge from a municipal, commercial, or industrial wastewater treatment plant, septage, sewage, or sanitary wastewater prior to or during land application or the production of the compost material or other agricultural product or material; or

       (3) the land application of or the sale or distribution of compost material or other agricultural product or material derived from or containing sludge resulting from the production of precipitated calcium carbonate.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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