Current Status Introducing Body:House Bill Number:3003 Primary Sponsor:Wilder Type of Legislation:GB Subject:Barnwell Regional Disposal Facility Residing Body:House Date Tabled:Apr 08, 1992 Computer Document Number:3003 Introduced Date:Jan 08, 1991 Date of Last Amendment:Apr 15, 1992 Last History Body:House Last History Date:Apr 15, 1992 Last History Type:Rejected Scope of Legislation:Statewide All Sponsors:Wilder Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
3003 House Apr 15, 1992 Rejected
3003 House Apr 15, 1992 Amended
3003 House Apr 08, 1992 Reconsidered vote whereby the
Bill was tabled
3003 House Apr 08, 1992 Tabled
3003 House Mar 04, 1992 Committee Report: majority 20
favorable, with amendment,
minority unfavorable
3003 House Jan 08, 1991 Introduced and read first 20
time, referred to Committee
3003 House Dec 12, 1990 Prefiled, referred to 20
Committee
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Indicates Matter Stricken
Indicates New Matter
AMENDED--NOT PRINTED IN THE HOUSE
April 15, 1992
H. 3003
S. Printed 3/4/92--H.
Read the first time January 8, 1991.
TO AMEND SECTIONS 48-48-30, 48-48-60, AND 48-48-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITS ON ACCEPTANCE OF LOW-LEVEL RADIOACTIVE WASTE AT THE BARNWELL REGIONAL DISPOSAL FACILITY, SO AS TO EXTEND FROM 1992 TO 1994 THE YEAR AFTER WHICH THE WASTE WILL NOT BE ACCEPTED FROM OUT OF THE REGION UNDER CERTAIN CONDITIONS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (1) Section 48-47-30 10. of the 1976 Code is amended to read:
"10. `Regional facility' means (1) a facility as defined in this article which has been designated, authorized, accepted, or approved by the commission to receive waste or (2) the disposal facility in Barnwell County, South Carolina, owned by the State of South Carolina and as licensed for the burial of low-level radioactive waste on July 1, 1982, but in no event shall this disposal facility serve as a regional facility beyond December 31, 1992 January 1, 1996."
(2) Section 48-48-30 of the 1976 Code is amended to read:
"Section 48-48-30. (A) The regional disposal facility located at Barnwell may accept not more than eight twelve million, four hundred thousand cubic feet of low-level radioactive waste during the seven-year period beginning January 1, 1986, and ending December 31, 1992 January 1, 1996. For the duration of the period beginning January 1, 1986, and ending December 31, 1992, the The facility shall accept no waste from out of the region if receipt of such the waste would result in disposal in excess of one million, two hundred thousand cubic feet of waste for a calendar year except under the provisions of Sections 5 and 6 of P. L. 99-240 or as otherwise provided in this chapter.
(B) If in any calendar year the provisions of Section 5, "Limited Availability of Certain Regional Disposal Facilities During Transition and Licensing Periods", subpart a(3)(B) of P. L. 99-240 are invoked then the facility shall increase the burial limit in that year in increments of ten percent but the increases shall not result in burial in excess of the eight million, four hundred thousand cubic feet through December 31, 1992, except as provided by law.
(C) If in any calendar year the provisions of Section 6, "Emergency Access", of P. L. 99-240, are invoked then the facility shall increase the yearly burial limit as required pursuant to certification of the Nuclear Regulatory Commission. Increases in the yearly burial limit under Section 6 of P. L. 99-240 shall not be greater than one hundred twenty percent of the burial rate of the previous year nor shall the increases result in burial in excess of the eight million, four hundred thousand cubic feet through December 31, 1992, except as provided by law."
(3) Section 48-48-80 of the 1976 Code is amended to read:
"Section 48-48-80. Beginning January 1, 1993, the The disposal facility located at Barnwell shall cease to accept radioactive waste from outside the borders of the State and to continue to serve as the regional disposal facility for the Southeast Regional Compact until January 1, 1996. From January 1, 1993, until January 1, 1996, the disposal facility located at Barnwell shall not accept waste generated in a state which is not a member of the Southeast Interstate Low-Level Radioactive Waste Management Compact as it existed on March 1, 1992; provided that the facility shall not accept waste generated in the state of North Carolina between the period January 1, 1993, to December 31, 1993, unless the state of North Carolina has met the milestone date required by subsection 6(A)(1) of this section of Part II. After December 31, 1993, and after the state of North Carolina has met the milestone required by subsection 6(A)(1), waste generated in the state of North Carolina may continue to be accepted for disposal at the facility until January 1, 1996, only if the state of North Carolina is in compliance with the additional milestone dates required by subsections 6(A)(2) and 6(A)(3). Further operation of the facility beyond January 1, 1993, January 1, 1996, must be specifically authorized by the General Assembly. Within one year prior to closure, the department shall evaluate the remaining capacity of the site and recommend to the General Assembly the need and use of any remaining disposal capacity of the site. In accordance with Section 13-7-30 of the 1976 Code, the State Budget and Control Board, or its designee, is responsible for extended custody and maintenance of the Barnwell site following closure and license transfer from the facility operator. The department is responsible for continued site monitoring."
(4) (A) The following milestone dates are established in connection with the second host state facility to be located in the State of North Carolina:
(1) submit facility license application: December 31, 1993;
(2) issue facility license: March 15, 1995;
(3) begin receiving the Southeast Region's low-level waste: January 1, 1996.
(B) The State of North Carolina shall notify the Southeast Compact Commission on each milestone date as to whether the milestone has been accomplished, and the Compact Commission shall so certify.
(C) The Barnwell site shall continue to serve as the disposal facility for the Southeast Interstate Low-Level Radioactive Waste Management Compact until December 31, 1995, subject to the following conditions:
(1) The site must cease serving as a facility for the Compact if North Carolina has a permanent or temporary site ready to receive the region's waste before December 31, 1995.
(2) North Carolina and the Compact Commission must establish prior to December 31, 1993, a reference guideline as provided in the Southeast Interstate Low-level Radioactive Waste Management Compact which precludes the siting of any new low-level waste storage or disposal facility within ten miles of a neighboring state.
(3) North Carolina must not site a low-level waste storage or disposal facility at a location which will pose a threat to human health, the environment, or water resources in contiguous states.
(D) The failure of North Carolina or the Compact Commission to satisfy any one of the conditions set forth in subsection (B)2 or (B)3 will result in the following:
(1) The Barnwell site must immediately cease to accept low-level waste generated in North Carolina.
(2) If either of the conditions set forth in (B)2 or (B)3 are not met, then the facility must cease to accept waste from outside the State as of June 30, 1994. The South Carolina Department of Health and Environmental Control shall make determinations whether the conditions set forth herein are satisfied and report its finding to the President of the Senate, the Speaker of the House, and the Governor.
(5) If the Southeast Interstate Low-level Radioactive Waste Management Compact is declared unlawful or unconstitutional or if the continued availability of the site to the compact is declared in violation of or inconsistent with the compact by a court of competent jurisdiction, the facility shall cease to accept waste generated outside the State.
(6) Notice of this section must be sent by the department to the Southeast Region Compact Commission, the persons designated in Section 48-47-70 3. of the compact, and each generator of waste shipped to Barnwell. The continued shipment of waste to Barnwell after December 31, 1992, is deemed an acceptance of the conditions set forth in this section.
SECTION 2. Section 48-48-60 of the 1976 Code is amended to read:
"Section 48-48-60. The department shall act pursuant to P. L. 99-240 to deny access to the regional facility when the waste from nuclear power reactors accepted by the sited regions equals or exceeds eleven million, nine hundred thousand cubic feet during the seven-year nine-year period beginning January 1, 1986, and ending December 31, 1992 1994."
SECTION 3. If the federal Congress or the federal courts rule that the Southeastern compact is illegal then the Barnwell site must close down immediately.
SECTION 4. If any provision of this act or the application of any provision is held invalid, the invalidity applies to this act in its entirety, to any and all provisions of this act, and the application of this act or any provision of this act, and to this end the provisions of this act are not severable.
SECTION 5. North Carolina must establish laws or regulations which preclude the siting of any low level nuclear waste facility with ten miles of the South Carolina State Line or within one mile of the South Carolina State Line for solid or hazardous waste facilities permitted by the State of North Carolina. These laws or regulations must be adopted by July 1, 1993.
SECTION 6. To provide that no out-of-state waste may be disposed of at the barnwell low-level radioactive waste facility after june 30, 1993, unless by referendum of the voters of this state the date is extended.
A. Notwithstanding any other provision of law, no waste generated outside the State of South Carolina may be disposed of at the low-level radioactive waste facility at Barnwell after June 30, 1993, unless South Carolina voters agree in a referendum in the General Election in November 1992 to extend beyond June 30, 1993, the date by which the low-level radioactive waste facility at Barnwell must cease to accept waste from outside the State of South Carolina
B. This section takes effect July 1, 1992.
SECTION 7. In the event North Carolina fails to meet any of the milestones, North Carolina shall also be required to pay damages in the sum of $10 million to the State of South Carolina. Those sums shall go to a Barnwell County fund for economic development. In the even they fail to make such payments within ten days of breach of the milestone, the Barnwell facility shall immediately close to North Carolina waste.
SECTION 8. This act takes effect upon approval by the Governor.