Reference is to Printer's Date 03/27/19-H.
Amend the bill, as and if amended, by striking SECTIONS 2 and 3 and inserting:
/ SECTION 2. Section 44-96-40(34) and (35) of the 1976 Code is amended to read:
"(34) 'Recovered
materials' means those materials which have known use, reuse, or
recycling potential; can be feasibly used, reused, or recycled;
and have been diverted or removed from the solid waste stream
for sale, use, reuse, or recycling, whether or not requiring
subsequent separation and processing. Recovered materials
includes post-use polymers and recoverable feedstocks that are
processed at a pyrolysis or gasification facility, held at such
facility prior to processing, or stored off site with the intent
that they will be processed at a pyrolysis or gasification
facility but before delivery to such a facility. At least
seventy-five percent by weight of the materials received during
the previous calendar year must be used, reused, recycled, or
transferred to a different site for use, reuse, or recycling in
order to qualify as a recovered material.
(35) 'Recovered
Materials Processing Facility' means a facility engaged solely
in the recycling, storage, processing, and resale or reuse of
recovered materials. The term includes pyrolysis and
gasification facilities that process post-use polymers or
recoverable feedstocks. The term does not include a solid
waste processing facility; however, solid waste generated by a
recovered material processing facility is subject to all
applicable laws and regulations relating to the solid waste. The
term does not include facilities which thermally treat solid
waste principally for volume reduction or for reduction of
contaminants. Records must be kept documenting the amount by
weight of materials that are received at the facility and used,
reused, or recycled or transferred to another site for use,
reuse, or recycling. Records must also be kept which clearly
document the location of final disposition of the materials.
Records must be made available for inspection by department
personnel upon request."
SECTION 3. Section 44-96-250(13) of the 1976 Code is amended to read:
"(13) 'Financial responsibility mechanism' means a mechanism designed to demonstrate that sufficient funds will be available to meet specific environmental protection needs of solid waste management facilities and recovered materials processing facilities pertaining to pyrolysis and gasification facilities as defined in Section 44-96-40(34) and (35). Available financial responsibility mechanisms include, but are not limited to, insurance, trust funds, surety bonds, letters of credit, personal bonds, certificates of deposit, financial tests, and corporate guarantees as determined by the department by regulation."
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.