S*388 Session 109 (1991-1992)
S*0388(Rat #0118, Act #0063 of 1991) General Bill, By Moore, Bryan, Courson,
Giese, D.L. Hinds, Washington and Wilson
A Bill to amend Title 44, Code of Laws of South Carolina, 1976, by adding
Chapter 96 so as to establish the policy of this State regarding solid waste
and to provide for the management of solid waste; to amend Section 16-11-700,
relating to the offense of littering, so as to increase the penalties for
violations; to provide for existing regulations; to provide that alternative
financing for implementation of solid waste policy is intended; and to direct
the South Carolina Public Service Commission and the Joint Legislative
Committee on Energy to review use of solid waste as a source of fuel for
producing electricity.-amended title
12/10/90 Senate Prefiled
12/10/90 Senate Referred to Committee on Medical Affairs
01/08/91 Senate Introduced and read first time SJ-129
01/08/91 Senate Referred to Committee on Medical Affairs SJ-129
03/21/91 Senate Committee report: Favorable with amendment
Medical Affairs SJ-25
03/26/91 Senate Read second time SJ-13
03/26/91 Senate Ordered to third reading with notice of
amendments SJ-13
04/04/91 Senate Debate adjourned SJ-21
04/09/91 Senate Amended SJ-41
04/09/91 Senate Read third time and sent to House SJ-127
04/10/91 House Introduced, read first time, placed on calendar
without reference HJ-15
04/16/91 House Amended HJ-19
04/16/91 House Debate interrupted HJ-106
04/17/91 House Special order, set for Wed. 4/17/91 after
uncontested calendar (Under H 3926) HJ-35
04/17/91 House Amended HJ-46
04/17/91 House Read second time HJ-72
04/18/91 House Read third time and returned to Senate with
amendments HJ-32
04/23/91 Senate Non-concurrence in House amendment SJ-6
04/24/91 House House insists upon amendment and conference
committee appointed Reps. Sharpe, Keyserling &
Gonzales HJ-2
04/24/91 Senate Conference committee appointed Sens. Moore,
Giese, Hayes SJ-27
05/01/91 Senate Free conference powers granted SJ-76
05/01/91 Senate Free conference committee appointed Sens. Moore,
Giese, Hayes SJ-76
05/02/91 House Free conference powers granted HJ-22
05/02/91 House Free conference committee appointed Sharpe,
Keyserling & Gonzales HJ-24
05/14/91 Senate Free conference report received and adopted SJ-28
05/15/91 House Free conference report received and adopted HJ-29
05/15/91 Senate Ordered enrolled for ratification SJ-6
05/21/91 Ratified R 118
05/27/91 Signed By Governor
05/27/91 Effective date 05/27/91
05/27/91 Act No. 63
06/25/91 Copies available
(A63, R118, S388)
AN ACT TO AMEND TITLE 44, CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING CHAPTER 96 SO AS TO ESTABLISH
THE POLICY OF THIS STATE REGARDING SOLID WASTE AND TO
PROVIDE FOR THE MANAGEMENT OF SOLID WASTE; TO AMEND
SECTION 16-11-700, RELATING TO THE OFFENSE OF LITTERING,
SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS;
TO PROVIDE FOR EXISTING REGULATIONS; TO PROVIDE THAT
ALTERNATIVE FINANCING FOR IMPLEMENTATION OF SOLID
WASTE POLICY IS INTENDED; AND TO DIRECT THE SOUTH
CAROLINA PUBLIC SERVICE COMMISSION AND THE JOINT
LEGISLATIVE COMMITTEE ON ENERGY TO REVIEW USE OF
SOLID WASTE AS A SOURCE OF FUEL FOR PRODUCING
ELECTRICITY.
Be it enacted by the General Assembly of the State of South Carolina:
South Carolina Solid Waste Policy and Management Act of
1991
SECTION 1. Title 44 of the 1976 Code is amended by adding:
"CHAPTER 96
Solid Waste Policy and Management
Section 44-96-10. Short title.
This chapter is known and may be cited as the `South Carolina Solid
Waste Policy and Management Act of 1991'.
Article 1
Solid Waste Policy; Specific Wastes
Section 44-96-20. Findings; purposes.
(A) The General Assembly finds that:
(1) Over three million eight hundred thousand tons of solid waste are
generated in South Carolina each year.
(2) On the average, each South Carolinian currently produces
approximately four and one-half pounds of solid waste each day.
(3) Unless steps are taken to reduce or recycle the amount of waste
produced in this State, over five million tons of solid waste will be
generated annually in South Carolina by the year 2000.
(4) Approximately eighty percent of the solid waste generated in
South Carolina is landfilled.
(5) There are currently some seventy-nine permitted sanitary
landfills in this State.
(6) Most of the permitted landfill capacity will be used within the
next ten years. Twenty-three of forty-six counties have ten years or less of
landfill space remaining.
(7) Siting of solid waste facilities is becoming increasingly difficult
due to the opposition of local residents.
(8) The costs of solid waste management will increase significantly
due to decreased landfill capacity and more stringent federal requirements
for solid waste management facilities. More stringent federal and state
requirements may also force a number of existing solid waste landfills to
close.
(9) Insufficient and improper methods of managing solid waste can
create hazards to public health, cause pollution of air and water resources,
constitute a waste of natural resources, and create public nuisances.
(10) The economic growth and population growth of our State have
required increased industrial production which, together with related
commercial and agricultural operations to meet our needs, have resulted in
increased amounts of discarded materials.
(11) The continuing technological progress and improvements in
methods of manufacturing, packaging, and marketing of consumer products
have resulted in an increasing amount of material discarded by the
purchasers of these products, necessitating a statewide approach to assist
local governments in improving solid waste management practices and to
promote more efficient methods of solid waste management.
(12) The failure or inability to economically recover material and
energy resources from solid waste results in the unnecessary waste and
depletion of our natural resources, such that maximum resource recovery
from solid waste and maximum recycling and reuse of these resources must
be considered goals of the State.
(13) A coordinated statewide solid waste management program is
needed to protect public health and safety, protect and preserve the quality
of the environment, and conserve and recycle natural resources.
(14) The statewide solid waste management program should be
implemented through the preparation of a state solid waste management
plan and through the preparation by local governments of solid waste
management plans consistent with the state plan and with this chapter.
(B) It is the purpose of this article to:
(1) protect the public health and safety, protect and preserve the
environment of this State, and recover resources which have the potential
for further usefulness by providing for, in the most environmentally safe,
economically feasible and cost-effective manner, the storage, collection,
transport, separation, treatment, processing, recycling, and disposal of solid
waste;
(2) establish and maintain a cooperative state program for providing
planning assistance, technical assistance, and financial assistance to local
governments for solid waste management;
(3) require local governments to adequately plan for and provide
efficient, environmentally acceptable solid waste management services and
programs;
(4) promote the establishment of resource recovery systems that
preserve and enhance the quality of air, water, and land resources;
(5) ensure that solid waste is transported, stored, treated, processed,
and disposed of in a manner adequate to protect human health, safety, and
welfare and the environment;
(6) promote the reduction, recycling, reuse, and treatment of solid
waste, and the recycling of materials which would otherwise be disposed of
as solid waste;
(7) encourage local governments to utilize all means reasonably
available to promote efficient and proper methods of managing solid waste,
which may include contracting with private entities to provide management
services or operate management facilities on behalf of the local
government, when it is cost effective to do so;
(8) promote the education of the general public and the training of
solid waste professionals to reduce the generation of solid waste, to ensure
proper disposal of solid waste, and to encourage recycling;
(9) encourage the development of waste reduction and recycling
programs through planning assistance, technical assistance, grants, and
other incentives;
(10) encourage the development of the state's recycling industries by
promoting the successful development of markets for recycled items and by
promoting the acceleration and advancement of the technology used in
manufacturing processes that use recycled items;
(11) establish a leadership role for the State in recycling efforts by
requiring the General Assembly, the Governor's Office, the Judiciary, and
all state agencies to separate solid waste for recycling and by granting a
preference in state procurement policies to products with recycled content;
(12) require counties to develop and implement source separation,
resource recovery, or recycling programs, or all of the above, or enhance
existing programs so that valuable materials may be returned to productive
use, energy and natural resources conserved, and the useful life of solid
waste management facilities extended;
(13) require local governments and state agencies to determine the full
cost of providing storage, collection, transport, separation, treatment,
recycling, and disposal of solid waste in an environmentally safe manner;
and
(14) encourage local governments to pursue a regional approach to
solid waste management.
Section 44-96-30. Applicability.
This chapter does not apply to hazardous waste regulated under the
South Carolina Hazardous Waste Management Act, to infectious waste
regulated under the South Carolina Infectious Waste Management Act, to
radioactive waste regulated under the South Carolina Atomic Energy and
Radiation Control Act, to the Southeast Interstate Radioactive Waste
Compact, or to refuse as defined and regulated pursuant to the South
Carolina Mining Act, including processed mineral waste, which will not
have a significant adverse impact on the environment.
Section 44-96-40. Definitions.
As used in this chapter:
(1) `Beverage' means beer or malt beverages, mineral water, soda
water, and similar carbonated soft drinks in liquid form, and all other
liquids intended for human consumption, except for liquids marketed for
and intended for consumption for medicinal purposes.
(2) `Beverage container' means the individual, separate, and sealed
glass, aluminum or other metal, or plastic bottle, can, jar, or carton
containing beverage intended for human consumption.
(3) `Collection' means the act of picking up solid waste materials from
homes, businesses, governmental agencies, institutions, or industrial sites.
(4) `Compost' means the humus-like product of the process of
composting waste.
(5) `Composting facility' means any facility used to provide aerobic,
thermophilic decomposition of the solid organic constituents of solid waste
to produce a stable, humus-like material.
(6) `Construction and demolition debris' means discarded solid wastes
resulting from construction, remodeling, repair and demolition of
structures, road building, and land clearing. The wastes include, but are
not limited to, bricks, concrete, and other masonry materials, soil, rock,
lumber, road spoils, paving material, and tree and brush stumps, but does
not include solid waste from agricultural or silvicultural operations.
(7) `County solid waste management plan' means a solid waste
management plan prepared, approved, and submitted by a single county
pursuant to Section 44-96-80.
(8) `Degradable', with respect to any material, means that the material,
after being discarded, is capable of decomposing to components other than
heavy metals or other toxic substances after exposure to bacteria, light, or
outdoor elements.
(9) `Department' means the South Carolina Department of Health and
Environmental Control.
(10) `Discharge' means the accidental or intentional spilling, leaking,
pumping, pouring, emitting, emptying, or dumping of solid waste,
including leachate, into or on any land or water.
(11) `Disposal' means the discharge, deposition, injection, dumping,
spilling, or placing of any solid waste into or on any land or water, so that
the substance or any constituent thereof may enter the environment or be
emitted into the air or discharged into any waters, including groundwater.
(12) `Energy recovery' means the beneficial use, reuse, recycling, or
reclamation of solid waste through the use of the waste to recover energy
therefrom.
(13) `Facility' means all contiguous land, structures, other
appurtenances and improvements on the land used for treating, storing, or
disposing of solid waste. A facility may consist of several treatment,
storage, or disposal operational units, including, but not limited to, one or
more landfills, surface impoundments, or combination thereof.
(14) `For hire carrier' means those motor carriers transporting persons
or property over any improved public highway under a rate, fare, or charge
established and approved by the Public Service Commission for such
transportation services available to the public and does not include or apply
to businesses and vendors operating their own motor carriers to transport
persons or property for their own internal business operations.
(15) `Generation' means the act or process of producing solid waste. (16) `Groundwater' means water beneath the land surface in the
saturated zone.
(17) `Hazardous waste' has the meaning provided in Section 44-56-20
of the South Carolina Hazardous Waste Management Act.
(18) `Incineration' means the use of controlled flame combustion to
thermally break down solid, liquid, or gaseous combustible wastes,
producing residue that contains little or no combustible materials.
(19) `Industrial waste' means solid waste that results from industrial
processes including, but not limited to, factories and treatment plants.
(20) `Infectious waste' has the meaning given in Section 44-93-20 of
the South Carolina Infectious Waste Management Act.
(21) `Land-clearing debris' means solid waste which is generated solely
from land-clearing activities, but does not include solid waste from
agricultural or silvicultural operations.
(22) `Landfill' means a disposal facility or part of a facility where solid
waste is placed in or on land, and which is not a land treatment facility, a
surface impoundment, or an injection well.
(23) `Lead-acid battery' means any battery that consists of lead and
sulfuric acid, is used as a power source, and has a capacity of six volts or
more.
(24) `Lead-acid battery collection facility' means a facility authorized
by the Department of Health and Environmental Control to accept lead-acid
batteries from the public for temporary storage prior to recycling.
(25) `Local government' means a county, any municipality located
wholly or partly within the county, and any other political subdivision
located wholly or partly within the county when such political subdivision
provides solid waste management services.
(26) `Materials Recovery Facility' means a solid waste management
facility that provides for the extraction from solid waste of recoverable
materials, materials suitable for use as a fuel or soil amendment, or any
combination of such materials.
(27) `Motor oil' and `similar lubricants' means the fraction of crude oil
or synthetic oil which is sold for the purposes of reducing friction in an
industrial or mechanical device. The terms include re-refined oil but do not
include heavy greases.
(28) `Municipal solid waste landfill' means any sanitary landfill or
landfill unit, publicly or privately owned, that receives household waste.
The landfill may also receive other types of solid waste, such as
commercial waste, nonhazardous sludge, and industrial solid waste. (29) `Office' means the Office of Solid Waste Reduction and Recycling
established within the Department of Health and Environmental Control
pursuant to Section 44-96-110.
(30) `Owner/operator' means the person who owns the land on which a
solid waste management facility is located or the person who is responsible
for the overall operation of the facility, or both.
(31) `Person' means an individual, corporation, company, association,
partnership, unit of local government, state agency, federal agency, or other
legal entity.
(32) `Plastic bottle' means a plastic container intended for single use,
which has a neck that is smaller than the body of the container, accepts a
screw-type, snap cap, or other closure, and has a capacity of sixteen fluid
ounces or more, but less than five gallons.
(33) `Plastic container' means any container having a wall thickness of
not less than one one-hundredth of an inch used to contain beverages,
foods, or nonfood products and composed of synthetic polymeric materials.
(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, but does not include materials when recycled or transferred to a
different site for recycling in an amount which does not equal at least
seventy-five percent by weight of materials received during the previous
calendar year.
(35) `Recovered Materials Processing Facility' means a facility engaged
solely in the recycling, storage, processing, and resale or reuse of recovered
materials. The term does not include a solid waste handling facility;
however, any solid waste generated by such facility is subject to all
applicable laws and regulations relating to the solid waste.
(36) `Recyclable material' means those materials which are capable of
being recycled and which would otherwise be processed or disposed of as
solid waste.
(37) `Recycling' means any process by which materials which would
otherwise become solid waste are collected, separated, or processed and
reused or returned to use in the form of raw materials or products
(including composting).
(38) `Region' means a group of counties in South Carolina which is
planning to or has prepared, approved, and submitted a regional solid waste
management plan to the department pursuant to Section 44-96-80.
(39) `Regional solid waste management plan' means a solid waste
management plan prepared, approved, and submitted by a group of counties
in South Carolina pursuant to Section 44-96-80.
(40) `Resource recovery' means the process of obtaining material or
energy resources from solid waste which no longer has any useful life in its
present form and preparing the waste for recycling.
(41) `Resource recovery facility' means a combination of structures,
machinery, or devices utilized to separate, process, modify, convert, treat,
or prepare collected solid waste so that component materials or substances
or recoverable resources may be used as a raw material or energy source.
(42) `Reuse' means the return of a commodity into the economic stream
for use in the same kind of application as before without change in its
identity.
(43) `Rigid plastic container' means any formed or molded container,
other than a bottle, intended for single use, composed predominantly of
plastic resin, and having a relatively inflexible finite shape or form with a
capacity of eight ounces or more, but less than five gallons.
(44) `Sanitary landfill' means a land disposal site employing an
engineered method of disposing of solid waste on land in a manner that
minimizes environmental hazards and meets the design and operation
requirements of this chapter.
(45) `Secondary lead smelter' means a facility which produces metallic
lead from various forms of lead scrap, including used lead-acid batteries.
(46) `Solid waste' means any garbage, refuse, or sludge from a waste
treatment facility, water supply plant, or air pollution control facility and
other discarded material, including solid, liquid, semi-solid, or contained
gaseous material resulting from industrial, commercial, mining, and
agricultural operations and from community activities. This term does not
include solid or dissolved material in domestic sewage, recovered
materials, or solid or dissolved materials in irrigation return flows or
industrial discharges which are point sources subject to NPDES permits
under the Federal Water Pollution Control Act, as amended, or the
Pollution Control Act of South Carolina, as amended, or source, special
nuclear, or by-product material as defined by the Atomic Energy Act of
1964, as amended. Also excluded from this definition are application of
fertilizer and animal manure during normal agricultural operations or refuse
as defined and regulated pursuant to the South Carolina Mining Act,
including processed mineral waste, which will not have a significant
adverse impact on the environment.
(47) `Solid waste disposal facility' means any solid waste management
facility or part of a facility at which solid waste is intentionally placed into
or on any land or water and at which waste will remain after closure.
(48) `Solid waste management' means the systematic control of the
generation, collection, source separation, storage, transportation, treatment,
recovery, and disposal of solid waste.
(49) `Solid waste management facility' means any solid waste disposal
area, volume reduction plant, transfer station, or other facility, the purpose
of which is the storage, collection, transportation, treatment, utilization,
processing, recycling, or disposal, or any combination thereof, of solid
waste. The term does not include a recovered materials processing facility
or facilities which use or ship recovered materials, except that portion of
the facilities which is managing solid waste.
(50) `Solid Waste Management Grant Program' means the grant
program established and administered by the Office of Solid Waste
Reduction and Recycling pursuant to Section 44-96-130.
(51) `Solid Waste Management Trust Fund' means the trust fund
established within the Department of Health and Environmental Control
pursuant to Section 44-96-120.
(52) `Source reduction' means the reduction of solid waste before it
enters the solid waste stream by methods such as product redesign or
reduced packaging.
(53) `Source separation' means the act or process of removing a
particular type of recyclable material from other waste at the point of
generation or under control of the generator for the purposes of collection,
disposition, and recycling.
(54) `Specific wastes' means solid waste which requires separate
management provisions, including plastics, used oil, waste tires, lead-acid
batteries, yard trash, compost, and white goods.
(55) `State solid waste management plan' means the plan which the
Department of Health and Environmental Control is required to submit to
the General Assembly and to the Governor pursuant to Section 44-96-60.
(56) `Storage' means the containment of solid waste, either on a
temporary basis or for a period of years, in such manner as not to constitute
disposal of such solid waste; provided, however, that storage in containers
by persons of solid waste resulting from their own activities on their
property, leased or rented property, if the solid waste in such containers is
collected at least once a week, shall not constitute `storage' for purposes of
this act. The term does not apply to containers provided by or under the
authority of a county for the collection and temporary storage of solid
waste prior to disposal.
(57) `Surface water' means lakes, bays, sounds, ponds, impounding
reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic Ocean within territorial limits, and all other bodies of surface
water, natural or artificial, inland or coastal, fresh or salt, public or private.
(58) `Tire' means the continuous solid or pneumatic rubber covering
encircling the wheel of a motor vehicle, trailer, or motorcycle as defined in
Section 56-3-20(2), (4), and (13). It does not include an industrial press-on
tire, with a metal or solid compound rim, which may be retooled.
(59) `Tire retailing business' means the retail sale of tires in any
quantity for any use or purpose by the purchaser other than for resale. (60) `Transport' means the movement of solid waste from the point of
generation to any intermediate point and finally to the point of ultimate
processing, treatment, storage, or disposal.
(61) `Transporter' means a person engaged in the off-site transportation
of solid waste by air, rail, highway, or water.
(62) `Treatment' means any technique designed to change the physical,
chemical, or biological character or composition of any solid waste so as to
render it safe for transport, amenable to storage, recovery, or recycling, safe
for disposal, or reduced in volume or concentration.
(63) `Used oil' means any oil which has been refined from crude or
synthetic oil and, as a result of use, storage, or handling, has become
unsuitable for its original purpose due to the presence of impurities or loss
of original properties, but which may be suitable for further use and may be
economically recyclable.
(64) `Used oil collection center' means a facility which, in the course of
business, accepts used oil for subsequent disposal or recycling.
(65) `Used oil energy recovery facility' means a facility that burns more
than six thousand gallons of used oil annually for energy recovery.
(66) `Used oil recycling facility' means a facility that recycles more
than six thousand gallons of used oil annually.
(67) `Waste tire' means a tire that is no longer suitable for its original
intended purpose because of wear, damage, or defect.
(68) `Waste tire collection site' means a permitted site, or a site
exempted from the permit requirement, used for the temporary storage of
waste tires prior to treatment or recycling.
(69) `Waste tire hauler' means a person engaged in the picking up or
transporting of waste tires for the purpose of storage, processing, or
disposal.
(70) `Waste tire site' means an establishment, site, or place of business,
without a collector or processor permit, that is maintained, operated, used,
or allowed to be used for the disposal, storing, or depositing of unprocessed
used tires, but does not include a truck service facility which meets the
following requirements:
(a) all vehicles serviced are owned or leased by the owner or operator
of the service facility;
(b) no more than two hundred waste tires are accumulated for a
period of not more than thirty days at a time;
(c) the facility does not accept any tires from sources other than its
own; and
(d) all waste tires are stored under a covered structure.
(71) `Waste tire treatment site' means a permitted site used to produce
or manufacture usable materials, including fuel, from waste tires.
(72) `Waters of the State' means lakes, bays, sounds, ponds,
impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries,
marshes, inlets, canals, the Atlantic Ocean within the territorial limits, and
all other bodies of surface or underground water, natural or artificial, public
or private, inland or coastal, fresh or salt, which are wholly or partially
within or bordering the State or within its jurisdiction.
(73) `White goods' include refrigerators, ranges, water heaters, freezers,
dishwashers, trash compactors, washers, dryers, air conditioners, and
commercial large appliances.
(74) `Yard trash' means solid waste consisting solely of vegetative
matter resulting from landscaping maintenance.
Section 44-96-50. State solid waste management policy and goals.
(A) It is the policy of this State to promote appropriate methods of
solid waste management prior to utilizing the options of disposal in
landfills, treatment or disposal by incineration or other treatment, storage,
or disposal methods, and to assist local government with solid waste
management functions. In furtherance of this state policy, it shall be
preferable to reduce the production and generation of waste at the source
and to promote the reuse and recycling of materials rather than the
treatment, storage, or disposal of wastes by landfill disposal, incineration,
or other management methods designed to handle waste after it enters the
waste stream.
It is the policy of this State that the methods of management of solid
waste shall protect public health, safety, and the environment by employing
the best available technology which is economically feasible for the control
of pollution and the release of hazardous constituents into the environment.
Such methods shall be implemented in a manner to maximize the reduction
of solid waste through source reduction, reuse, and recycling.
(B) It is the policy of this State to encourage research by private
entities, by state agencies, and by state-supported educational institutions
into the reduction of solid waste production and generation.
(C) It is the policy of this State to encourage a regional approach to
solid waste management.
(D) It is the goal of this State to reduce, on a statewide per capita basis,
the amount of solid waste being received at municipal solid waste landfills
and any solid waste incinerators permitted after the effective date of this act
by thirty percent, calculated by weight, of the fiscal year 1993 solid waste
level, not later than six years after the date of enactment of this chapter. In
determining whether this waste reduction goal has been achieved, no more
than fifty percent of this goal may be met by the removal from the
municipal solid waste stream of yard trash, land-clearing debris, white
goods, construction and demolition debris, and waste tires.
In a county or municipality where a recycling or reduction program is in
place prior to 1993, the base figure for determining a thirty percent
reduction goal is the weight of solid waste reduced, recycled, or removed
from the municipal solid waste stream during one of the preceding two
years in that county or municipality added to the amount of solid waste
currently being disposed of by that county or municipality in municipal
solid waste landfills together with the weight of solid waste reduced due to
incineration. Waste reduction resulting from incineration may not account
for more than fifty percent of a solid waste landfill effort toward the thirty
percent reduction goal and only if the incineration is performed at a facility
permitted prior to the effective date of this act.
(E) It is the goal of this State to continue setting new and revised goals
after the initial six-year period referenced in subsection (D) of this section.
Such goals should be established in a manner so as to attempt to further
reduce the flow of solid waste being disposed of in municipal solid waste
landfills and solid waste incinerators after meeting the initial goal of a
thirty percent reduction.
(F) It is the goal of this State to recycle, on a statewide basis, at least
twenty-five percent, calculated by weight, of the total solid waste stream
generated in this State not later than six years after the date of enactment of
this chapter.
In determining whether this solid waste recycling goal has been
achieved, no more than forty percent of this goal may be met by the
removal from the solid waste stream of yard trash, land clearing debris, and
construction and demolition debris.
(G) It is the policy of this State that each county or region make every
effort to meet, on an individual basis, the state solid waste recycling and
reduction goals and that each county or region, and municipalities located
therein, which meet this goal be financially rewarded by the State.
Section 44-96-60. State solid waste management plan; revision of plan
and annual report; State Solid Waste Advisory Council.
(A) Not later than eighteen months after this chapter is effective, the
department shall submit to the Governor and to the General Assembly a
state solid waste management plan. All regulations promulgated by the
department in accordance with this chapter are subject to the provisions of
Chapter 23 of Title 1, the Administrative Procedures Act. The plan shall, at
a minimum, include:
(1) an inventory of the amounts and types of solid waste currently
being disposed of at solid waste disposal facilities in this State, both in the
municipal solid waste stream and in the industrial solid waste stream;
(2) an estimate of solid waste which will require disposal at solid
waste disposal facilities in this State projected for the twenty-year period
following this chapter's effective date;
(3) an estimate of the current capacity in this State to manage solid
waste, including an identification of each solid waste management facility
and a projection of its remaining useful life;
(4) an evaluation of current solid waste management practices,
including without limitation waste reduction, recycling, incineration,
storage, processing, disposal, and export;
(5) an analysis of the types of solid waste facilities which will be
needed to manage the state's solid waste during the projected twenty-year
period;
(6) a description of procedures by which the State may facilitate the
siting, construction, and operation of new facilities needed to manage the
state's solid waste over the projected twenty-year period;
(7) an evaluation of existing local government solid waste
management programs, including recommendations, if necessary, on ways
to improve such programs;
(8) a description of the means by which the State shall achieve its
statewide solid waste recycling and reduction goals; including
recommendations on which categories of solid waste materials should be
recycled;
(9) procedures and requirements for meeting state goals for waste
reduction and recycling, including composting, and objectives for
waste-to-energy implementation and sanitary landfilling;
(10) a description of existing state programs and recommendations for
new programs or activities that will be needed to assist local governments
in meeting their responsibilities under this article, whether by financial,
technical, or other forms of aid;
(11) procedures by which local governments and regions may request
assistance from the department;
(12) procedures for encouraging and ensuring cooperative efforts in
solid waste management by the State, local governments, and private
industry, including a description of the means by which the State may
encourage local governments to pursue a regional approach to solid waste
management;
(13) minimum standards and procedures developed after consulting
with local government officials which must be met by a county or region in
its solid waste management plan, including the procedures which will be
used to provide for input from private industry and from private citizens;
(14) a comprehensive analysis of the amounts and types of hazardous
waste currently being disposed of in municipal solid waste landfills and
recommendations regarding more appropriate means of managing such
waste;
(15) a description of the public education programs to be developed in
consultation with local governments, other state agencies, and business and
industry organizations to inform the public of solid waste management
practices in this State and the need for and the benefits of recycling,
reduction, and other methods of managing the solid waste generated in this
State;
(16) a description of the program for the certification of operators at
solid waste management facilities;
(17) recommendations on whether to require that certain solid waste
materials be made degradable and, if so, which categories of materials; and
(18) a fiscal impact statement identifying the costs incurred by the
department in preparing the state solid waste management plan and which
will be incurred in carrying out all of the department's duties and
responsibilities under this chapter, including the number of new employees
which may be necessary, and an estimate of the revenues which will be
raised by the various fees authorized by this chapter.
(B) After submission of the state solid waste management plan, the
department shall submit to the Governor and to the General Assembly by
the end of each calendar year a comprehensive report on solid waste
management in this State. The annual report, shall, at a minimum, include:
(1) any revisions in the state solid waste management plan which the
department determines are necessary;
(2) a description and evaluation of the progress made in
implementing the state solid waste management plan;
(3) a description and evaluation of the progress made by local
governments in implementing their solid waste management plans;
(4) an inventory of the amounts and types of solid waste received,
recycled, incinerated, or disposed at solid waste disposal facilities during
the previous year and the methods of recycling, incineration, or disposal
used, including, but not limited to, paper, polystyrene, and beverage
containers;
(5) a determination of the success of the State and of each county or
region in achieving the solid waste recycling and reduction goals
established in Section 44-96-50;
(6) recommendations to the Governor and to the General Assembly
for improving the management of solid waste in this State; and
(7) the number of lead-acid batteries recycled.
(C) Not later than six months after this chapter is effective, there shall
be established a State Solid Waste Advisory Council. The council shall
consist of the following sixteen members:
(1) thirteen members appointed by the Governor which shall include
one member to represent the Governor; one member to represent
manufacturing interests; one member to represent the retail industry; two
members to represent the solid waste disposal industry; one member to
represent existing private recycling industry; two members to represent the
general public; three members to represent county governments to be
recommended by the South Carolina Association of Counties, one shall
represent a county with a population of 50,000 or less, one shall represent a
county with a population more than 50,000 and up to 100,000, and the final
county representative shall represent a county with a population over
100,000; two members shall represent municipalities to be recommended
by the South Carolina Municipal Association;
(2) the Consumer Advocate or his designee;
(3) one member to represent the Department of Health and
Environmental Control; and
(4) one member to represent the State Development Board.
The members of the council shall serve at the pleasure of their
appointing authority. Members shall promulgate regulations concerning
meeting attendance. The council shall advise the department on the
preparation of the state solid waste management plan, on methods of
implementing the state plan, and on the preparation of the annual reports by
the department on solid waste management. The council shall be provided
with drafts of the plan and reports and shall be given adequate opportunity
to comment. The council also shall be advised on a regular basis by the
department regarding the grant applications which have been accepted or
denied under the Solid Waste Management Grant Program and on the status
of the Solid Waste Management Trust Fund. The council ceases to exist
six years after this chapter is effective.
Section 44-96-70. Establishment of the Recycling Market Development
Council; initial report; annual report.
(A) There is established within the State Development Board a
Recycling Market Development Council to assist in the development of
markets for recovered materials and products with recycled content in this
State.
(B) The members of the council shall be appointed not later than
ninety days after this chapter is effective.
(C) The council shall consist of fourteen members to be appointed by
the Governor to include:
(1) one member shall represent the State Development Board;
(2) one member shall represent county governments;
(3) one member shall represent municipalities;
(4) one member shall represent the solid waste collection and
disposal industry;
(5) one member shall represent the existing recycling industry;
(6) one member shall represent the glass industry;
(7) one member shall represent the paper industry;
(8) one member shall represent the aluminum industry;
(9) one member shall represent the plastics industry;
(10) one member shall represent the tire industry;
(11) one member shall represent the general public;
(12) one member shall represent the oil industry;
(13) one member shall represent the scrap metal recycling industry;
and
(14) one member shall represent higher education research
institutions.
(D) Each member of the council shall serve a two-year term beginning
on the date of his appointment and shall serve until a successor is appointed
and qualified. Members shall serve at the pleasure of their appointing
authority and shall receive the usual mileage, per diem, and subsistence
provided by law for members of boards, committees, and commissions.
Until sufficient funds have accumulated in the Solid Waste Management
Trust Fund to cover the council's expenses, the appointing authorities shall
provide the mileage, per diem, and subsistence for their respective
appointees. Any other expenses of the council shall be shared equally by
the appointing authorities until the trust fund has sufficient funds to cover
the expenses.
(E) The chairman shall be designated by the State Development Board
and the council shall select its own vice-chairman. The council shall adopt
operating procedures and shall meet on the call of the chairman or of a
majority of the members. Members shall promulgate regulations
concerning meeting attendance. A majority of the members shall constitute
a quorum to do business. The State Development Board shall provide the
necessary staff and administrative facilities and services to the council. The
Department of Health and Environmental Control shall provide technical
assistance to the council at the request of the chairman or of the
vice-chairman, or by majority vote of the council.
(F) Not later than fifteen months after this chapter is effective, the
council shall provide to the Governor and to the General Assembly an
initial report which shall include, at a minimum, the following:
(1) a description and analysis of this state's existing recycling
industry;
(2) an analysis of the projected long-term capacity of existing
markets to absorb materials generated by source separation, recovery, or
recycling programs;
(3) an analysis of potential markets in this State, in other states, or in
foreign countries for recovered materials and products with recycled
content from this State;
(4) an analysis of institutional, economic, and technical barriers to
the use of recovered materials and products with recycled content;
(5) recommendations for actions which may be taken to increase
demand for source separated, recovered, or recycled materials or products;
(6) recommendations for actions which may be taken to increase the
incentives for private individuals and for business and industry to consume
or export recovered materials and products with recycled content;
(7) an analysis of the compatibility of recycling with solid waste
treatment or disposal methods and recommendations on the feasibility of
the implementation of mechanisms for cooperative marketing of recyclable
materials;
(8) recommendations on categories of materials which should be
recovered, given existing and potential markets for such materials;
(9) recommendations for a public education program to be
implemented by the Office of Solid Waste Reduction and Recycling within
the department to provide information to the public and to business and
industry on the benefits of source separation, recovery, and recycling and
on the availability of recovered materials or products with recycled content;
(10) a study of methods of and cost effectiveness of source separation
and recycling of recovered materials;
(11) a study of packaging reduction; and
(12) a study of the design of products at the primary stage of
development to promote recyclability.
(G) Following its initial report, the council shall submit to the
Governor and to the General Assembly by the end of each calendar year an
annual report on recycling activities in this State which shall, at a
minimum, include the following:
(1) any revisions which the council determines are necessary to its
initial report;
(2) a description and analysis of the amounts and types of solid
waste materials recovered or recycled in this State during the preceding
year;
(3) recommendations regarding materials which should be added to
or deleted from source separation, recovery, and recycling programs; and
(4) any other recommendations, including tax incentives, to facilitate
the development of markets for recovered materials or products in this
State.
Section 44-96-80. County or regional solid waste management plans;
local government responsibilities.
(A) Not later than fifteen months after the date on which the
department submits its state solid waste management plan to the Governor
and to the General Assembly, the governing body of each county, if the
county intends to submit a single county plan, or the governing bodies of
the counties in a region, if two or more counties intend to submit a regional
plan, in cooperation with the local governments located in the county or
region, shall prepare a solid waste management plan for the area within that
county or region. Local governments within the county or region shall
participate in the development of the county or regional plan and are
required to be a part of the plan. This plan must provide for public
participation and include, at a minimum, the following:
(1) an estimate of the amount of solid waste currently disposed of at
solid waste disposal facilities within that county or region and a projection
of the amount of solid waste which will be disposed of at solid waste
disposal facilities during the twenty-year period following this chapter's
effective date;
(2) an estimate of the current capacity within that county or region to
manage solid waste, including identification of each solid waste
management facility and a projection of its useful life;
(3) an analysis of the existing and new solid waste facilities which
will be needed to manage the solid waste generated within that county or
region during the projected twenty-year period;
(4) an estimate of the cost of implementing the solid waste
management plan within that county or region;
(5) an estimate of the revenue which each local government or
region needs and intends to make available to fund implementation of the
solid waste management plan;
(6) an estimate of the cost of siting, constructing, and bringing into
operation any new facilities needed to manage solid waste within that
county or region during the projected twenty-year period;
(7) a description and estimate of the sources and amount of revenues
which can be made available for the siting, construction, and operation of
new solid waste management facilities;
(8) a description of resource recovery, or recycling program, or both,
which shall be implemented in each county or region which shall include,
at a minimum, the following:
(a) the designation of a recycling coordinator;
(b) an identification of the categories of solid waste materials to be
source separated, recovered, recycled, or all of the above;
(c) an identification of the means by which such materials will be
collected and marketed;
(d) a description of the incentives or penalties, or both, that will be
used to ensure compliance with the recycling program; and
(e) a description of the public education program which will be used
to inform the public of the need for and benefits of source separation,
recovery, and recycling and of the requirements of the recycling program.
A county or region may be exempted from the requirements of Section
44-96-80(A)(8) if it provides sufficient justification to the department that
the implementation of a source separation, resource recovery, recycling
program, or all of the above within that county or region is economically
infeasible or impracticable or that such program is unnecessary for the
county or region to meet the waste recycling and reduction goals
established in Section 44-96-50; and
(9) a description of efforts, in addition to the recycling program,
which will be undertaken within that county or region to meet the solid
waste reduction goal as established on a statewide basis in Section
44-96-50.
(B) Each county or region shall submit its solid waste management
plan to the department for review. The department shall have one hundred
eighty days from the date on which a plan is submitted to review the plan
and provide comments to the submitting entity. At the end of the one
hundred eighty-day review period, the county or region shall begin
implementation of its solid waste management plan. Such plan must be
implemented not later than one year after the end of the one hundred
eighty-day review period.
(C) Each solid waste management plan submitted by a county or
region shall be designed to achieve within that county or region the same
recycling and waste reduction goals established on a statewide basis in
Section 44-96-50. Nothing in this chapter, however, prohibits a county or
region from setting higher percentage goals for recycling and waste
reduction in its solid waste management plan than the goals established in
Section 44-96-50. The department may reduce or modify the statewide
goals as they apply to a county or region to account for industrial growth or
other good cause shown. However, reduction or modification must not
result in a failure to meet the recycling and reduction goals on a statewide
basis as established in Section 44-96-50.
(D) Each county or region submitting a solid waste management plan
containing a source separation, resource recovery, recycling programs, or
all of the above to the department shall provide its residents with the
opportunity to recycle the categories of solid waste materials designated in
the county or regional solid waste management plan. The opportunity to
recycle may include one or more of the following:
(1) curbside collection systems;
(2) drop-off centers;
(3) collection centers; or
(4) collection systems for multi-family residences.
(E) Each solid waste management plan submitted pursuant to this
section shall be consistent with the state solid waste management plan, with
the provisions of this chapter, with all other applicable provisions of state
law, and with any regulation promulgated by the department for the
protection of public health and safety or for protection of the environment.
(F) Each county or region submitting a solid waste management plan
to the department shall thereafter submit an annual progress report to the
department by a date to be determined by the department. The annual
report shall contain information as may be requested by the department but
must contain, at a minimum, the following:
(1) any revisions to the solid waste management plan previously
submitted by the county or region;
(2) the amount of waste disposed of at municipal solid waste
disposal facilities during the previous year by type of waste;
(3) the percentage reduction each year in solid waste disposed of at
municipal solid waste disposal facilities;
(4) the amount, type, and percentage of materials that were recycled,
if any, during the previous year;
(5) the percentage of the population participating in various types of
source separation, recovery, or recycling activities during the previous year;
and
(6) a description of the source separation, recovery, or recycling
activities or all of the above activities attempted, if any, their success rates,
the reasons for their success or failure, and a description of such activities
which are ongoing.
(G) Counties are strongly encouraged to pursue a regional approach to
solid waste management. Nothing in this chapter, however, shall be
construed to require a county to participate in a regional plan or to prohibit
two or more counties within the State which are not contiguous from
preparing, approving, and submitting a regional solid waste management
plan or one or more counties, including industrial waste generators located
therein, from contracting with an in-state solid waste disposal facility
located outside of the county or region. Not later than eighteen months after
the date of enactment of this chapter, each county shall notify the
department in writing whether it intends to submit a single county solid
waste management plan or to participate in a regional plan.
(H) Local governments may enter into cooperative agreements with
other local governments to provide for the collection, separation, or
recycling of solid waste at mutually agreed upon sites. Local
governments may expend funds received from any source to establish and
maintain such regional facilities and to provide for sharing the costs of
establishing and maintaining such facilities in an equitable manner.
(I) Each county or region shall ensure that all their local governments
participate in the preparation and implementation of the solid waste
management plan, including the source separation, resource recovery, or
recycling program, or all of the above.
(J) The governing body of a county has the responsibility and authority
to provide for the operation of solid waste management facilities to meet
the needs of all incorporated or unincorporated areas of the county. Nothing
in this chapter, however, prohibits a local government from continuing to
operate or to use an existing management facility, permitted on or before
this chapter is effective, in accordance with the provisions of the solid
waste management plan submitted by the county or region within which the
local government is located. Notwithstanding any provision of law to the
contrary, a county which does not regulate the operation or closure of a
solid waste management facility, or which has not obtained a permit for
that solid waste management facility, shall not be held liable for the
operation, closure, and postclosure of that solid waste management facility
if it is owned and operated by a private entity under a permit issued by the
department. However, that inclusion in a county or regional plan shall not
constitute regulation by a county or region under this section.
(K) The governing body of a county is authorized to enact such
ordinances as may be necessary to carry out its responsibilities under this
chapter; provided, however, that the governing body of a county may not
enact an ordinance inconsistent with the state solid waste management plan,
with any provision of this chapter, with any other applicable provision of
state law, or with any regulation promulgated by the department providing
for the protection of public health and safety or for protection of the
environment.
(L) In addition to all other fees provided in this chapter, there is
imposed a fee of ten dollars a ton on all solid waste generated out of state
and disposed of in this State except that if the other state's tipping fees for
in-state or out-of-state solid waste are higher than this state's out-of-state
fee, then the higher fee is imposed. The revenue generated from the
imposition of the out-of-state fee must be deposited in the Solid Waste
Management Trust Fund established in Section 44-96-120.
(M) Not later than eighteen months after this chapter is effective, each
operator of a municipal solid waste disposal facility shall install scales
conforming to requirements established by the department to weigh and
record all solid waste when it is received. The department shall promulgate
regulations exempting existing facilities which can demonstrate financial
hardship and establishing a volume equivalent for such facilities to use in
estimating the weight of the solid waste which they receive. All solid
waste disposal facilities permitted on or after this chapter is effective shall
install scales.
(N) Not later than one year after this chapter is effective, there shall be
established a local Solid Waste Advisory Council for each county or region
intending to submit a solid waste management plan. The local council shall
advise the county or region on the preparation of the solid waste
management plan and on methods of implementing the plan. The local
council shall be provided with all drafts of the plan and shall be given
sufficient opportunity to comment on the drafts. Each local council shall
consist of not more than fifteen members. The membership of each council
shall be as follows:
(1) one-third of the membership of the council shall represent the
county or member counties of a region and shall be appointed by the
governing body or bodies of the county or counties;
(2) one-third of the membership of the council shall represent the
municipalities within the county or region and shall be appointed by the
governing body or bodies of the municipalities within the county or region;
and
(3) one-third of the membership of the council shall include a
representative of the private solid waste management industry and a
representative of the private recycling or processing industry, if any,
operating within the county or region, and at least two members shall
represent the general public and have been active in public participation on
environmental issues for the past five or more years. These members shall
be appointed by the county and municipal representatives serving on the
council. Each local council shall elect a chairman and vice-chairman from
among its members. Members shall promulgate regulations concerning
meeting attendance. Each council shall, at a minimum, remain in existence
until the end of the one hundred eighty-day review period for the plans, but
may remain in existence for a longer period of time as determined by its
appointing entities. The comments of a local council on the final solid
waste management plan shall be forwarded to the department when the
final plan is submitted.
(O) Any amendments to a county or regional solid waste management
plan must be adopted and implemented in the same manner as provided for
in the initial plan.
(P) This chapter does not:
(1) authorize a local government to enter into agreements or to enact
ordinances or resolutions determining private rights with respect to
recovered materials in solid waste separated for recycling use or reuse at
any time prior to pickup by or delivery to a local government or persons
under contract with the local government; or
(2) prohibit a generator of recovered materials from selling,
conveying, or arranging for the transportation of materials to a recycler for
recycling nor prevent a recycling company or nonprofit entity from
collecting and transporting recovered materials from a buy-back center,
drop box, or a generator of recovered materials.
Section 44-96-90. Full cost disclosure.
(A) Not later than one year after this chapter is effective, the
department shall promulgate regulations establishing the method for local
governments to use in calculating the full cost for solid waste management
within the service area of the local government which, at a minimum, shall
include the provisions of subsections (C), (D), and (E) of this section. The
department shall comply with the requirements of the South Carolina
Administrative Procedures Act and notify local government officials of the
opportunity to provide input prior to issuing proposed regulations for
comment under this article.
(B) Not later than one year after promulgation of the regulations
provided in Section 44-96-80(A), and annually thereafter, each local
government shall determine its full cost for its solid waste management
services within its service area for the previous year. Each local
government shall publish annually a notice in a newspaper of general
circulation in its service area setting forth the full cost and the cost to
residential and nonresidential users, on an average or individual basis of its
solid waste management services within its service area for the previous
year. In calculating the costs, local governments must include costs
charged to them by persons with whom they contract for solid waste
management services.
(C) For local governments which provide collection, recycling, transfer
station services, or all three services, `full cost' shall, at a minimum,
include an itemized accounting of:
(1) the cost of equipment, including, but not limited to, trucks,
containers, compactors, parts, labor, maintenance, depreciation, insurance,
fuel and oil, and lubricants for equipment maintenance;
(2) the cost of overhead, including, but not limited to, supervision,
payroll, land, office and building costs, personnel and administrative costs
of running the waste management program, and support costs from other
departments, government agencies, and outside consultants or firms;
(3) the cost of employee social security, worker's compensation,
pension and health insurance payments; and
(4) disposal cost and laboratory and testing costs.
(D) For local governments which provide disposal services, `full cost'
shall, at a minimum, include an itemized accounting of:
(1) the cost of land, disposal site preparation, permits and licenses,
scales, buildings, site maintenance and improvements;
(2) the cost of equipment, including operation and maintenance costs
such as parts, depreciation, insurance, fuel and oil, and lubricants;
(3) the cost of labor and overhead, including, but not limited to,
supervision, payroll, office and building costs, personnel and administrative
costs of running the waste management program, and support costs from,
and studies provided by, other departments, government agencies, and
outside consultants or firms;
(4) the cost of employee social security, worker's compensation,
pension and health insurance payments; and
(5) disposal costs, leachate collection and treatment costs, site
monitoring costs, including, but not limited to, sampling, laboratory and
testing costs, environmental compliance inspections, closure and
postclosure expenditures, and escrow, if required.
(E) For purposes of this section, `service area' means the area in which
the local government provides, directly or by contract, solid waste
management services.
(F) A person operating under an agreement to collect or dispose of
solid waste within the service area of a local government or region shall
assist and cooperate with the local government or region to make the
calculations or to establish a system to provide the information required
under this section. However, contracts entered into prior to the effective
date of this chapter are exempt from the provisions of this section.
Section 44-96-100. Additional powers and duties of the department. In addition to the other powers and duties set forth in this article, the
department shall:
(1) establish such programs and promulgate such regulations as are
necessary to implement the state solid waste management plan;
(2) establish such programs and promulgate such regulations as are
necessary to implement the provisions of this article;
(3) provide to local governments, upon request, planning and
technical assistance in preparing and implementing their solid waste
management plans;
(4) provide to state agencies, upon request, planning and technical
assistance in carrying out their responsibilities under this article;
(5) cooperate and coordinate with federal agencies in carrying out
federal and state solid waste management requirements, including seeking
available federal grants and loans for solid waste management plans and
activities in this State;
(6) cooperate and coordinate with private organizations and with
business and industry in implementing the requirements of this article;
(7) encourage counties to pursue a regional approach to solid waste
management within a common geographical area;
(8) contract as needed with private entities or with state-supported
educational institutions to carry out the department's responsibilities under
this article, and contract with private entities or with state-owned
educational institutions to conduct research on solid waste management
technologies;
(9) receive appropriated funds and receive and administer grants or
other funds or gifts from public or private entities, including the state and
the federal government, to carry out the requirements of this article; and
(10) increase public awareness of solid waste management issues
through appropriate statewide educational programs on recycling, volume
reduction, litter control, proper methods of managing solid waste, and other
related issues.
Section 44-96-105. Promulgation of regulations.
All regulations promulgated by the department pursuant to this chapter
must be in consultation with officials representing local governments which
own or operate municipal solid waste disposal facilities, pursuant to the
Administrative Procedures Act.
Section 44-96-110. Establishment of the Office of Solid Waste
Reduction and Recycling.
(A) Ninety days after this chapter is effective there shall be established
within the department an Office of Solid Waste Reduction and Recycling
which shall promote and assist in the development of source separation,
recovery, and recycling programs for local governments and for private
entities under a contractual agreement with local governments or
state-supported institutions. The Office of Solid Waste Reduction and
Recycling shall be separate from, and shall not participate in, any of the
regulatory functions of the department with regard to solid waste
management.
(B) The Office of Solid Waste Reduction and Recycling shall have the
following duties and responsibilities:
(1) receive funds for and disburse funds from the Solid Waste
Management Trust Fund established in Section 44-96-120;
(2) manage the Solid Waste Management Grant Program established
in Section 44-96-130;
(3) promote and assist in the development of solid waste reduction,
source separation, recycling, and resource recovery programs;
(4) maintain a directory of recycling and resource recovery systems
in the State and provide assistance in matching recovered materials with
markets;
(5) provide for the education of the general public and the training of
solid waste management professionals to encourage recycling and solid
waste reduction;
(6) develop descriptive literature to educate local governments on
solid waste reduction and recycling issues; and
(7) conduct at least one workshop each year in each region served by
a council of governments.
(C) Not later than six months after this chapter is effective, the Office
of Solid Waste Reduction and Recycling, in consultation with the
Department of Education, shall develop guidelines for the establishment
and implementation of recycling demonstration projects in school districts
in this State. The office shall notify the superintendent of each school
district of the existence of the demonstration project program and provide
information on how to apply for the program. Upon the request of the
school board of a district, the office shall provide technical assistance and
financial assistance from the Solid Waste Management Trust Fund in
establishing a recycling demonstration project, including private funding
for the project, and shall coordinate the establishment and implementation
of the project with the school district and with private industry. The office
shall determine the number of such demonstration projects that may be
feasibly initiated in a single calendar year. The office, in consultation with
the Department of Education, also shall develop and make available to
school districts, upon request, curriculum materials and resource guides for
recycling awareness programs for instruction at the elementary, middle, and
high school levels.
Section 44-96-120. Establishment of the Solid Waste Management
Trust Fund.
(A) There is established a Solid Waste Management Trust Fund to be
administered by the Office of Solid Waste Reduction and Recycling to
fund:
(1) activities of the department to implement the provisions of this
act;
(2) research by state-supported educational institutions or by private
entities under contract with state-supported educational institutions on solid
waste management technologies;
(3) activities of the Recycling Market Development Council;
(4) demonstration projects or pilot programs to be conducted by
local governments within their jurisdictions, including local governments
which contract with private entities to assist in conducting the
demonstration projects or pilot programs;
(5) grants to local governments to carry out their responsibilities under
this article, pursuant to the provisions of Section 44-96-130, including local
governments which contract with private entities to assist in carrying out
their responsibilities under this article; and
(6) start-up administrative costs of the Tax Commission in the
amount of one hundred thousand dollars and the State Treasurer in the
amount of fifty thousand dollars.
(B) The Solid Waste Management Trust Fund shall consist of:
(1) funds appropriated by the General Assembly;
(2) contributions and grants from public and private sources;
(3) funds generated by the out-of-state disposal fee authorized
pursuant to Section 44-96-80;
(4) the balance of the funds generated by the two-dollar fee imposed
pursuant to Section 44-96-170(L), which is not remitted back to the
counties for the management of waste tires; these funds shall be remitted to
a special fund designated as the Waste Tire Grant Trust Fund;
(5) funds generated by the two-dollar fee for each lead-acid battery
fee imposed pursuant to Section 44-96-180(F) for the management of
lead-acid batteries;
(6) funds generated by the two-dollar fee for each white good fee
imposed pursuant to Section 44-96-200(D) for the management of white
goods;
(7) funds generated by fees imposed on motor oil and similar
lubricants pursuant to Section 44-96-160(V);
(8) interest earnings accrued on the Solid Waste Management Trust
Fund; and
(9) three million dollars of oil overcharge refund monies to be
awarded to this fund by the Governor, upon enactment of this act; in
addition, the Office of Solid Waste Reduction and Recycling will advise
the Governor on solid waste project criteria contained within oil overcharge
fund competitive grant solicitations totalling one million dollars each over
the next two years, to be used only for local government grants and local
government demonstration projects and pilot programs. The Office of Solid
Waste Reduction and Recycling and the Governor's Energy Office shall
cooperate to develop the necessary application information and other
documentation to implement the requirements of this appropriation.
(C) The department shall report on a quarterly basis to the State Solid
Waste Advisory Council, House Ways and Means Committee, Senate
Finance Committee, and the Joint Legislative Committee on Energy on the
condition of the Solid Waste Management Trust Fund and on the use of all
funds allocated from the Solid Waste Management Trust Fund. Quarterly
reports shall be made not later than sixty days after the last day of each
fiscal quarter beginning with the first full quarter after this chapter is
effective. Notwithstanding Chapter 39 of Title 11, the Department of
Health and Environmental Control, through the Office of Solid Waste
Reduction and Recycling, shall make decisions on the allocation of oil
overcharge funds transferred to the Solid Waste Management Trust Fund
pursuant to Section 44-96-120(B)(9). The department's decisions shall be
made upon the approval of the statewide Solid Waste Advisory Council and
after consultation with the Governor's Office and the Joint Legislative
Committee on Energy to ensure that the funds are administered according
to decisions of the federal courts and requirements of the United States
Department of Energy. If all oil overcharge funds transferred to the Solid
Waste Management Trust Fund are not committed for projects or programs
authorized by this chapter five years from the date this chapter is effective,
they shall be returned to the Governor's Office.
(D) The electrical output from a resource recovery facility constructed
in whole or in part with monies from the Solid Waste Management Trust
Fund shall be sold by competitive bids or requests for proposals, wherein
the contracts are awarded to the highest responsible and responsive bidder.
If the highest bid does not equal or exceed the avoided cost price which
could be obtained under the Public Regulatory Policy Act of 1978, said
power will be disposed of pursuant to the Federal Act. For the purposes of
this subsection `responsible bidder' shall mean a corporation doing business
in South Carolina who is an electric supplier as defined in Section
58-27-610, an electric cooperative incorporated under Chapter 49 of Title
33, a South Carolina municipality owning retail distribution facilities on the
effective date of this act, or the South Carolina Public Service
Authority.
(E) The revenue generated by the sale of electricity from a resource
recovery facility funded in whole or in part by a grant under this section
which is in whole or in part owned by a municipality, county, or
consolidated political subdivision, must be used for reduction of the public
cost for collection, separation, and disposal of solid waste or environmental
concerns related to disposal of solid waste, including reasonable expenses
of operation of the facility, or both. Revenue generated from the sale of
electricity by such resource recovery facility may not be commingled with
other public funds.
Section 44-96-130. Solid Waste Management Grant Program.
(A) The Office of Solid Waste Reduction and Recycling shall establish
a grant program utilizing funds within the Solid Waste Management Trust
Fund to assist local governments and regions in carrying out their
responsibilities under this chapter. Grant disbursements must be approved
by the State Solid Waste Advisory Council until such time as the State
Solid Waste Advisory Council ceases to exist, at which point, the Office of
Solid Waste Reduction and Recycling shall approve any grant
disbursements.
(B) The department shall ensure that, for the first five years after this
chapter is effective, one hundred percent of the grant funds made available
to local governments and regions shall be utilized for activities necessary to
carry out their solid waste management responsibilities established by this
article. Such grants shall be made available as soon as possible following
the promulgation by the department of regulations establishing the Solid
Waste Management Grant Program. After the date on which county or
regional solid waste management plans are required to be submitted to the
department, no local government shall be eligible for a grant from the Solid
Waste Management Grant Program unless it has submitted a solid waste
management plan meeting the requirements of Section 44-96-80.
(C) Beginning six years after this chapter is effective, the department
shall ensure that at least twenty-five percent of the grant funds made
available to local governments and regions must be bonus grants to the
local governments and regions which have met the solid waste reduction
and recycling goals set forth in their solid waste management plans. Bonus
grants shall be used to fund activities which are related to solid waste
management.
(D) Not later than twelve months after this chapter is effective, the
Office of Solid Waste Reduction and Recycling shall promulgate
regulations establishing the Solid Waste Management Grant Program.
Such regulations shall, at a minimum, establish the criteria for counties,
regions, and municipalities to qualify for grants, and shall set forth the
procedures for applying for grants. The department may require such
information of the entity applying for the grant as is necessary to properly
evaluate the grant proposal. The department shall comply with the
requirements of the South Carolina Administrative Procedures Act and
notify local government officials of the opportunity to provide input prior
to issuing proposed regulations for comment under this article.
(E) The regulations required to be promulgated by subsection (D) of
this section shall include procedures for any party aggrieved by a grant
decision of the Office of Solid Waste Reduction and Recycling to obtain
review of that decision.
Section 44-96-140. Recycling programs of state government; state
procurement policy; report of the Department of Highways and Public
Transportation.
(A) Not later than twelve months after the date on which the
department submits the state solid waste management plan to the Governor
and to the General Assembly, the General Assembly, the Governor's Office,
the Judiciary, each state agency, and each state-supported institution of
higher education shall:
(1) establish a source separation and recycling program in
cooperation with the department and the Division of General Services of
the State Budget and Control Board for the collection of selected recyclable
materials generated in state offices throughout the State, including, but not
limited to, high-grade office paper, corrugated paper, aluminum, glass,
tires, composting materials, plastics, batteries, and used oil;
(2) provide procedures for collecting and storing recyclable
materials, containers for storing materials, and contractual or other
arrangements with collectors or buyers of the recyclable materials, or
both;
(3) evaluate the amount of waste paper material recycled and
make all necessary modifications to the recycling program to ensure that all
waste paper materials are recycled to the maximum extent feasible; and
(4) establish and implement, in cooperation with the department
and the Division of General Services, a solid waste reduction program for
materials used in the course of agency operations. The program shall be
designed and implemented to achieve the maximum feasible reduction of
solid waste generated as a result of agency operations.
(B) Not later than six months after this chapter is effective, the
Division of General Services shall submit a report to the Governor and to
the General Assembly reviewing all goods and products purchased by the
State and determining what percentage of state purchases contain recycled
materials using content specifications established by the Office of Materials
Management, Division of General Services. The report also shall review
existing procurement regulations for the purchase of products and materials
and shall identify any portions of such regulations that discriminate against
products and materials with recycled content and products and materials
which are recyclable. (C) Not later than one year after this chapter is
effective, the Division of General Services shall amend the procurement
regulations to eliminate the portions of the regulations identified in its
report as discriminating against products and materials with recycled
content and products and materials which are recyclable.
(D) Not later than one year after the effective date of the amendments
to the procurement regulations, the General Assembly, the Governor's
Office, the Judiciary, all state agencies, all political subdivisions using
state funds to procure items, and all persons contracting with such agency
or political subdivision where such persons procure items with state funds
shall procure products and materials with recycled content and products
and materials which are recyclable where practicable, as determined by the
Office of Materials Management, Division of General Services. The list of
recycled content specifications shall be updated annually. It is the goal of
the General Assembly for state and local governmental agencies to reflect a
twenty-five percent goal in their procurement policies. The decision not to
procure such items shall be based on a determination that such procurement
items:
(1) are not available within a reasonable period of time;
(2) fail to meet the performance standards set forth in the
applicable specifications; or
(3) are only available at a price that exceeds by more than seven
and one-half percent the price of alternative items.
(E) Not later than six months after this chapter is effective, and
annually thereafter, the Department of Highways and Public Transportation
shall submit a report to the Governor and to the General Assembly on the
use of:
(1) compost as a substitute for regular soil amendment products
in all highway projects;
(2) solid waste including, but not limited to, ground rubber from
tires and fly ash or mixtures of them from coal-fired electrical facilities in
road surfacing of subbase materials;
(3) solid waste including, but not limited to, glass aggregate,
plastic, and fly ash in asphalt or concrete; and
(4) recycled mixed-plastic materials for guard rail posts,
right-of-way fence posts, and sign supports.
Section 44-96-150. Packaging; plastics.
(A) Six months after this chapter is effective, no beverage shall be
sold or offered for sale within this State in a beverage container designed
and constructed so that the container is opened by detaching a metal ring or
tab.
(B) On or after January 1, 1994, no person may distribute, sell, or
offer for sale in this State any food or drink in packages or containers,
including point of sale packaging, made with fully halogenated
chlorofluorocarbons (CFC's). Producers or manufacturers of all types of
containers, packaging, or packing material made from fully halogenated
CFC's are strongly urged to introduce alternative containers, packages, and
packing materials which are environmentally acceptable as soon as
possible. Not later than three years after this chapter is effective, the
department shall report to the Governor and to the General Assembly on
the progress made in introducing such alternative containers, packages, and
packing materials. Such report may include recommendations for
legislative actions to encourage or require the development and use of such
alternatives.
(C) One year after this chapter is effective, no plastic bag shall be
provided at any retail outlet to any retail customer for use in carrying items
purchased by that customer unless the bag is composed of material which is
recyclable.
(D) One year after this chapter is effective, no plastic rings or any
other device or material used to connect one container to another shall be
provided at any retail outlet to any retail customer unless such rings or
other device or material are degradable or recyclable. Producers of plastic
ring carriers are strongly urged to introduce alternatives as soon as possible.
Not later than three years after the date of enactment of this chapter, the
department shall report to the Governor and to the General Assembly on
the progress made in introducing such alternative packaging or materials.
Such report may include recommendations for legislative actions to
encourage or require the development and use of such alternatives.
(E) One year after this chapter is effective, no person shall distribute,
sell, or offer for sale in this State any polystyrene foam product for use in
conjunction with food for human consumption unless such product is
composed of material which is recyclable.
(F) Not later than eighteen months after this chapter is effective, no
person shall distribute, sell, or offer for sale in this State a plastic bottle or
rigid plastic container unless such bottle or container is labeled with a code
identifying the appropriate resin type used to produce the structure of the
container. The code shall consist of a number placed within three
triangulated arrows. The three arrows shall form an equilateral triangle
with the common point of each line forming each angle of the triangle at
the midpoint of each arrow and rounded with a short radius. The
arrowhead of each arrow shall be at the midpoint of each side of the
triangle with a short gap separating the arrowhead from the base of the
adjacent arrow. The triangle formed by the three arrows curved at their
midpoints shall depict a clockwise path around the code number. The label
shall appear on or near the bottom of the plastic container product and be
clearly visible. The numbers and letters shall be as follows:
(1) for polyethylene terephthalate, the letters `PETE' and the
number `1';
(2) for high density polyethylene, the letters `HDPE' and the
number `2';
(3) for vinyl, the letter `V' and the number `3';
(4) for low density polyethylene, the letters `LDPE' and the
number `4';
(5) for polypropylene, the letters `PP' and the number `5';
(6) for polystyrene, the letters `PS' and the number `6'; and
(7) for any other, the letters `OTHER' and the number `7'.
(G) Not later than five years after this chapter is effective, the
department shall make a determination as to the number of beverage
containers being sold annually in this State and the percentage of such
containers that are being recycled or recovered by individual category of
glass, aluminum, and plastic. If the department determines that one or more
categories of beverage containers are being recycled at a rate of less than
twenty-five percent, the department shall submit a report to the Governor
and to the General Assembly making recommendations on incentives,
penalties, or both, which may include the imposition of fees to increase the
recycling rate of that category to a minimum of twenty-five percent within
a reasonable period of time. Seven years after this chapter is effective, the
department shall make a determination, by individual category of container,
as to the percentage of such containers that are being recycled. If the
department determines that one or more categories of beverage containers
are being recycled at a rate of less than thirty-five percent, the department
shall submit a report to the Governor and to the General Assembly making
recommendations, which may include the imposition of appropriate fees, to
increase the recycling rate of that category to at least thirty-five percent
within a reasonable period of time. The department may, by regulation,
establish a program to obtain and verify the information that is necessary to
make the determinations and recommendations required by this subsection.
Section 44-96-160. Used oil.
(A) Twelve months after this chapter is effective, no person shall
knowingly:
(1) place used oil in municipal solid waste, discard or otherwise
dispose of used oil, except by delivery to a used oil collection facility, used
oil energy recovery facility, oil recycling facility, or to an authorized agent
for delivery to a used oil collection facility, used oil energy recovery
facility, or oil recycling facility;
(2) dispose of used oil in a solid waste disposal facility unless such
disposal is approved by the department;
(3) collect, transport, store, recycle, use or dispose of used oil in any
manner which may endanger public health and welfare or the environment;
(4) discharge used oil into sewers, drainage systems, septic tanks,
surface water or groundwater, or any other waters of this State, or onto the
ground; or
(5) mix or commingle used oil with hazardous substances that make
it unsuitable for recycling or beneficial use.
Notwithstanding any other provision of law, any person who
knowingly disposes of any used oil which has not been properly segregated
or separated from other solid wastes by the generator is guilty of a violation
of this subsection and shall be subject to a fine not to exceed two hundred
dollars. This provision may be enforced by a state, county, or municipal
law enforcement official, or by the department.
(B) The utilization of used oil for road oiling, dust control, weed
abatement, or other similar uses which have the potential to cause harm to
the environment is prohibited.
(C) The department shall encourage the voluntary establishment of
used oil collection centers and recycling programs and provide technical
assistance to persons who organize such programs.
If a hazardous substance is mixed with used oil accepted at a volunteer
used oil collection center, any costs for the proper disposal of this
contaminated waste will be incurred by the Petroleum Fund, if no more
than five gallons of used oil was accepted from any one person at any one
time.
(D) All government agencies and private businesses that change
motor oil for the public and major retail dealers of motor and lubricating oil
are encouraged to serve as used oil collection centers.
The Department of Highways and Public Transportation shall establish
or contract for at least one used oil collection center in every county unless
it can certify to the Office of Solid Waste Reduction and Recycling that a
private used oil collection center is in operation in a county and is
accepting up to five gallons of used oil from any member of the public.
(E) Any person who maintains a used oil collection facility that
receives a volume of used oil annually, which exceeds a limit to be
determined by the department, must register with the department.
(F) A used oil collection center shall annually report to the
department by a date to be determined by the department and shall indicate
if it is accepting used oil from the public, the quantities of used oil
collected in the previous year, and the total quantity of used oil handled in
the previous year.
(G) No person may recover from the owner or operator of a used oil
collection center any costs of response actions resulting from a release of
either used oil or a hazardous substance from a used oil collection center if
such used oil is:
(1) not mixed with any hazardous substance by the owner or
operator of the used oil collection center;
(2) not knowingly accepted with any hazardous substances contained
in it;
(3) transported from the used oil collection center by a registered
transporter; or
(4) stored in a used oil collection center that is in compliance with
this section.
This subsection applies only to that portion of the used oil collection
center utilized for the collection of used oil and does not apply if the owner
or operator is grossly negligent in the operation of the public used oil
collection center. Nothing in this section shall affect or modify in any way
the obligations or liability of any person under any other provisions of state
or federal law, including common law, for injury or damage resulting from
the release of used oil or hazardous substances. For the purpose of this
subsection, the owner or operator of a used oil collection center may
presume that a quantity of no more than five gallons of used oil accepted
from any member of the public is not mixed with a hazardous substance, if
the owner or operator acts in good faith and in the belief the oil is generated
from the individual's personal activity.
(H) Any motor, lubricating, or other oil offered for sale, at retail or
at wholesale for direct retail sale, for use off the premises, must be clearly
marked or labeled as containing a recyclable material which shall be
disposed of only at a used oil collection center. A statement on a container
of lubricating or other oil offered for sale is in compliance with this section
if it contains the following statement: `Don't pollute. Conserve resources.
Return used oil to collection centers.'
(I) Motor oil retailers shall post and maintain, at or near the point of
sale, a durable and legible sign, not less than eleven inches by fifteen
inches in size, informing the public of the importance of the proper
collection and disposal of used oil and how and where used oil may be
properly disposed.
(J) The department may inspect any place, building, or premises
subject to subsections (H) and (I) and issue warnings and citations to any
person who fails to comply with the requirements of those subsections.
Failure to comply following a warning shall constitute a violation
punishable by a fine not to exceed one hundred dollars per day. Each day
on which an establishment fails to comply shall constitute a separate
violation. The proceeds of any fine imposed pursuant to this subsection
shall be remitted to the Solid Waste Management Trust Fund.
(K) The following persons shall register annually with the
department pursuant to department regulations on forms prescribed in such
regulations:
(1) any person who transports over public highways more than five
hundred gallons of used oil weekly;
(2) any person who maintains a collection facility that receives more
than six thousand gallons of used oil annually; and
(3) any facility that recycles more than six hundred gallons of used
oil annually.
(L) The department shall require each registered person to submit by
a date to be determined by the department an annual report which specifies
the type and quantity of used oil transported, collected, and recycled during
the preceding year. The department also shall require each registered
person who transports or recycles used oil to maintain records which
identify:
(1) the source of the materials transported or recycled;
(2) the quantity of materials received;
(3) the date of receipt; and
(4) the destination or the end use of the materials.
(M) The department shall require sample analyses of used oil at
facilities of representative used oil transporters and at representative
recycling facilities to determine the incidence of contamination of used oil
with hazardous, toxic, or other harmful substances.
(N) The following entities are exempted from the requirements of
subsection (K):
(1) an on-site burner which only burns a specification used oil
generated by the burner, if the burning is done in compliance with any air
permits issued by the department; or
(2) an electric utility which generates during its operation used oil
that is then reclaimed, recycled, or refined by the electric utility for use in
its operations.
(O) Any person who fails to register with the department as required
by subsection (K), or to file the annual report required by subsection (L), is
subject to a fine not to exceed three hundred dollars per day. Each day on
which the person fails to comply shall constitute a separate violation. The
proceeds of any fine imposed pursuant to this subsection shall be remitted
to the Solid Waste Management Trust Fund.
(P) After the effective date of regulations promulgated by the
department pursuant to this section, any person who transports over public
highways more than five hundred gallons of used oil weekly must be a
registered transporter.
(Q) The department shall promulgate regulations establishing a
registration program for transporters of used oil, and shall issue, deny, or
revoke registrations authorizing the holder to transport used oil.
Registration requirements shall ensure that a used oil transporter is familiar
with applicable regulations and used oil management procedures. The
department shall promulgate regulations governing registration which shall
include requirements for the following:
(1) registration and annual reporting;
(2) evidence of familiarity with laws and regulations governing used
oil transportation; and
(3) proof of liability insurance or other means of financial
responsibility for any liability which may be incurred in the transport of
used oil.
(R) Each person who intends to operate, modify, or close a used oil
recycling facility shall obtain an operation or closure permit from the
department prior to operating, modifying, or closing the facility.
(S) Not later than eighteen months after this chapter is effective, the
department shall develop a permitting system for used oil recycling
facilities.
(T) Permits shall not be required under subsection (R) for the
burning of used oil as a fuel, provided:
(1) a valid air permit, if required, issued by the department is in
effect for the facility;
(2) the facility burns used oil in accordance with applicable state and
local government regulations, and the requirements and conditions of its air
permit; and
(3) the on specification used oil is burned in industrial furnaces and
boilers and nonindustrial furnaces and boilers.
(U) No permit is required under this section for the use of used oil for
the benefication or flotation of phosphate rock.
(V)(1) For sales made on or after November 1, 1991, every person
making wholesale sales of motor oil or similar lubricants, and every person
importing into this State ex-tax motor oil or similar lubricants, shall pay a
fee on a monthly basis of eight cents for every gallon of motor oil or similar
lubricants sold at wholesale or ex-tax motor oil or similar lubricants
imported. As used herein, `ex-tax motor oil or similar lubricants' means
motor oil or similar lubricants upon which the fee imposed herein has not
been levied and which is not sold at wholesale in this State. The fee
imposed herein shall be imposed only once with respect to each gallon of
motor oil or similar lubricants. The South Carolina State Tax Commission
shall administer, collect, and enforce this fee in the same manner the sales
and use taxes are collected pursuant to Chapter 36 of Title 12. However,
taxpayers are not required to make payments pursuant to Section
12-36-2600. In lieu of the discount allowed pursuant to Section
12-36-2610, the taxpayer may retain three percent of the total fees collected
as an administrative collection allowance. This allowance applies whether
or not the return is timely filed.
A for hire motor carrier, as defined under this act, which purchases
lubricating oils not for resale used in its fleet shall be exempt from the fee.
The for hire motor carrier must:
(a) have a maintenance facility to service its own fleet and
properly store waste oil for recycling collections;
(b) have reported to the Environmental Protection Agency, via
Report No. EXP 17, the existence of storage tanks for waste oil storage;
(c) maintain records of the dispensing and servicing of
lubrication oil in the fleet vehicles; and
(d) have a written contractual agreement with an approved waste
oil hauler.
(2) The Tax Commission shall remit fees collected pursuant to this
section to the Solid Waste Management Trust Fund. The fees must be
reserved in a separate account designated as the Petroleum Fund. The
Petroleum Fund shall be under the administration of the Office of Solid
Waste Reduction and Recycling.
The funds generated by the fees authorized by this section and set aside
for the Petroleum Fund shall be used by the Office of Solid Waste
Reduction and Recycling as follows:
(a) Two-fifths of the funds shall be used to establish incentive
programs to encourage:
(1) individuals who change their own oil to return their used
oil to used oil collection centers;
(2) the establishment and continued operation of collection
centers which accept used oil; and
(3) the establishment and continued operation of recycling
facilities which prepare used oil for reuses or which utilize used oil in a
manner that substitutes for a petroleum product made from new oil.
(b) Two-fifths of the funds shall be used to provide grants for
local government projects that the office determines will encourage the
collection, reuse, and proper disposal of used oil and similar lubricants.
Local government projects may include one or more of the following
programs or activities:
(1) curbside pickup of used oil containers by a local
government or its designee;
(2) retrofitting of solid waste equipment to promote curbside
pickup or disposal of used oil at used oil collection centers designated by
the local government;
(3) establishment of publicly operated used oil collection
centers at landfills or other public places; or
(4) providing of containers and other materials and supplies
that the public can utilize in an environmentally sound manner to store used
oil for pickup or return to a used oil collection center.
(c) One-fifth of the funds shall be used for public education and
research, including, but not limited to, reuses, disposal, and development of
markets for used oil and similar lubricants.
The office may use funds set aside under subitem (a) of item (2) to
contract for the development and implementation of incentive programs,
and the office may use funds set aside under subitem (c) of item (2) to
contract for the development and implementation of research and education
programs.
After the fee is imposed upon a distributor, the fee may not be imposed
again upon any person who subsequently receives motor oil or similar
lubricants from a distributor upon whom the fee already has been imposed.
Motor oil or similar lubricants exported from this State in its original
package or container shall be exempt from the fee imposed in this section.
Any person purchasing motor oil or similar lubricants at wholesale in its
original package or container and who exports such motor oil or similar
lubricants from this State may certify in writing to the seller that the motor
oil or similar lubricants will be exported, and such certification, if taken by
the seller in good faith, will relieve the seller of the fee otherwise imposed.
If the purchaser subsequently uses the motor oil or similar lubricants in this
State, the purchaser shall be liable for the fee imposed and the purchaser's
certification to the seller shall include an acknowledgment to that effect.
(W) The fee imposed under item (V) of this section shall be imposed
until the unobligated principal balance of the Petroleum Fund equals or
exceeds three million dollars. Based upon the amount of revenue received
and the time frame in which the amount is collected, the Tax Commission
is required to adjust the rate of the fee to reflect a full year's collection to
produce the amount of revenue required in the fund. The increase or
decrease in the fee made by the Tax Commission shall take effect for sales
beginning on or after the first day of the third month following
determination by the commission.
(X) The department shall promulgate regulations necessary to
implement the provisions of this section. Such regulations may include the
imposition of reasonable registration and permitting fees to assist in
defraying the costs of the regulatory activities of the department required
by this section.
(Y) All state agencies, all political subdivisions using state funds to
procure items, and all persons contracting with such agency or political
subdivision where such persons procure items with state funds shall
procure used oil materials and products where practicable, subject to the
provisions of Section 44-96-140(D).
Section 44-96-170. Waste tires.
(A) Not later than ninety days after this chapter is effective, the owner
or operator of a waste tire site shall notify the department of the site's
location and size and the approximate number of waste tires that are
accumulated at the site. However, this section does not apply to a
manufacturer who disposes only of tires generated in the course of its
scientific research and development activities, so long as the waste tires are
buried on the facility's own land or that of its affiliates or subsidiaries and
the disposal facility is in compliance with all applicable regulations.
(B) Not later than six months after this chapter is effective, the
department shall submit to the Governor and to the General Assembly a
report on waste tire management and disposal in this State. The report
shall, at a minimum, include the following:
(1) the number of waste tires generated in this State and the
geographical distribution of the waste tires;
(2) the number and location of existing waste tire sites;
(3) the location of existing waste tire collection sites;
(4) the necessary financial responsibility requirements for sites,
haulers, processors, collectors, and disposers of waste tires;
(5) alternative methods of collecting waste tires;
(6) current and future options for waste tire recycling;
(7) methods to establish reliable sources of waste tires for waste
tire users; and
(8) types and location of facilities in this State that can utilize
waste tires as a fuel source.
(C) State and county solid waste management plans shall include a
section on waste tires. The section on waste tires shall provide for public
participation in its preparation and shall, as a minimum, include:
(1) an estimate of the number of waste tires currently generated
annually within that county or region and a projection of the number of
waste tires to be generated during the twenty-year period following the date
this chapter is effective;
(2) an estimate of the current capacity in the county to manage
waste tire disposal;
(3) an estimate of the annual cost of implementing the approved
waste tire disposal plan;
(4) an estimate of the cost of siting, construction, and bringing
into operation any new facilities needed to provide waste tire disposal;
(5) the number of waste tires generated in each county and the
geographical distribution of such waste tires;
(6) the number and location of existing waste tire sites;
(7) the location of existing waste tire collection sites;
(8) alternative methods of collecting waste tires;
(9) current and future options for waste tire recycling;
(10) methods to establish reliable sources of waste tires for waste
tire users; and
(11) types and location of facilities in this county that can utilize
waste tires as a fuel source.
(D) Each county will be required by the department to participate in
ongoing waste tire clean-up enforcement efforts, and no later than twelve
months after promulgation of regulations by the department, establish
approved waste tire accumulation sites, designate waste tire disposal
methods to be used, and begin disposal operations in compliance with the
applicable regulations. Counties may contract with other counties and with
private firms to implement the provisions of this chapter. The department
shall administer waste tire disposal plans for those counties which do not
submit proposals.
(E) Counties are prohibited from imposing an additional disposal fee
on waste tires generated within the county. However, a county may impose
an additional disposal fee on waste tires, heavy equipment tires, and
oversized tires that have a greater diameter than the largest tire with a
Department of Transportation number. A disposal fee may be charged on
waste tires generated outside of South Carolina. Counties may require fleets
to provide documentation for proof of purchase on in-state tires. For tires
not included in documentation, an additional tipping fee may be charged.
Counties may charge a tipping fee of up to one dollar and fifty cents for
each waste tire manufactured in this State for which no fee has been paid
otherwise.
(F) Not later than six months after the department promulgates
regulations, no person, except as provided, shall knowingly deposit whole
waste tires in a landfill as a method of ultimate disposal.
(G) Eighteen months after this chapter is effective, no person shall:
(1) maintain a waste tire collection site unless such site is an
integral part of the person's permitted waste tire treatment facility or that
person has entered into a contract with a permitted waste tire treatment
facility for the disposal of waste tires;
(2) knowingly dispose of waste tires in this State, unless the
waste tires are disposed of at a:
(a) permitted solid waste disposal facility for treatment;
(b) waste tire collection site which is an integral part of a
permitted waste tire treatment facility;
(c) permitted waste tire treatment facility; or
(d) permitted waste tire collection center; or
(3) knowingly dispose of or discard waste tires on the property of
another, in a manner not prescribed by this act.
For an interim period to be determined by the department, waste tires
may be disposed of at a solid waste disposal facility, a waste tire treatment
facility, or a waste tire collection center seeking a permit from the
department pursuant to this section. Notwithstanding any other provision
of law, any person violating this subsection shall be subject to a fine not to
exceed two hundred dollars. This provision may be enforced by a state,
county, or municipal law enforcement official, or by the department. Each
tire improperly disposed of shall constitute a separate violation.
(H) Not later than twelve months after this chapter is effective, the
department shall promulgate regulations requiring all collectors, processors,
haulers, and disposers of waste tires to obtain a permit or registration issued
by the department. The regulations shall set forth the requirements for the
issuance of such permits or registrations. After the effective date of the
regulations, no person shall collect, haul, or process waste tires unless that
person has obtained a permit or registration from the department for that
activity or, for an interim period to be determined by the department, is
seeking a permit or registration from the department for that activity.
(I) Subsection (H) does not apply to items (1) through (5) if these
designated waste tire sites are maintained so as to prevent and control
mosquitos or other public health nuisances as determined by the
department:
(1) a tire retailing business where less than one thousand waste
tires are kept on the business premises;
(2) a tire retreading business where less than two thousand five
hundred waste tires are kept on the business premises or a tire retreading
facility that is owned or operated by a company that manufactures tires in
this State or the tire manufacturer's parent company or its subsidiaries;
(3) a business that, in the ordinary course of business, removes
tires from motor vehicles if less than one thousand of these tires are kept on
the business premises;
(4) a permitted solid waste facility with less than two thousand
five hundred waste tires temporarily stored on the business premises; or
(5) a person using waste tires for agricultural purposes.
(J) The department shall encourage the voluntary establishment of
waste tire collection centers, waste tire treatment facilities, and solid waste
disposal facilities to be open to the public for the deposit of waste tires.
(K) The department is authorized to establish incentive programs to
encourage individuals to return their used tires to waste tire disposal
facilities.
(L) For sales made on or after November 1, 1991, there is imposed a
fee of two dollars per new tire sold to the ultimate consumer, whether the
tire is mounted by the seller or not. The wholesaler or retailer receiving
new tires from unlicensed wholesalers shall be responsible for the fee
imposed by this section. The Tax Commission shall administer, collect,
and enforce the tire disposal fee in the same manner that the sales and use
taxes are collected pursuant to Chapter 36 of Title 12. The fee imposed by
this section must be remitted on a monthly basis. However, taxpayers are
not required to make payments under Section 12-36-2600. In lieu of the
discount allowed pursuant to Section 12-36-2610, the taxpayer may retain
three percent of the total fees collected as an administrative collection
allowance. This allowance applies whether or not the return is timely filed.
The commission shall deposit all fees collected to the credit of the State
Treasurer. The State Treasurer shall establish a separate and distinct
account from the State General Fund. The State Treasurer shall distribute
one and one-half dollars of each tire sold to each county based upon the
population in each county according to the most recent United States
Census. The county shall use these funds for collection and disposal of
waste tires generated within that county. The remaining portion of the tire
disposal fee is to be credited to the Solid Waste Management Trust Fund by
the State Treasurer for the Waste Tire Grant Trust Fund, which is
established under the administration of the South Carolina Department of
Health and Environmental Control. The General Assembly shall review the
waste tire disposal fee every five years.
(M) A wholesaler or retailer required to submit a fee under subsection
(L) who delivers or arranges delivery of waste tires to a permitted waste tire
disposal facility may apply for a refund of one dollar per tire delivered. In
no case may a refund be approved for a number of tires delivered in excess
of the number of new tires sold by the individual wholesaler or retailer.
Verification must be provided as required by the South Carolina State Tax
Commission. Any refund made pursuant to this subsection must be
charged against the appropriate county's distributions under subsection
(L).
(N) The Office of Solid Waste Reduction and Recycling of DHEC
may provide grants from the Waste Tire Grant Trust Fund to local
governments to assist in the following:
(1) constructing or operating a Tire Derived Fuel (TDF) burning
facility for processing or building heat, electricity, or other energy
recovery;
(2) constructing or operating, or contracting for the construction or
operation of a waste tire treatment facility and equipment for disposal;
(3) contracting for waste tire treatment facility services;
(4) removing or contracting for the removal of waste tires; or
(5) performing or contracting for the performance of research
designed to facilitate waste tire recycling or disposal.
Priority is to be given to TDF facilities that utilize existing combustion
equipment and provide large volume uses.
For three years from this chapter's effective date, the funds in the Waste
Tire Grant Trust Fund must be used exclusively to fund grants to a county
or region to pay for the cost of disposal of the accumulated waste tires.
(O) Waste tire grants must be awarded on the basis of written grant
request proposals submitted to and approved, not less than annually, by the
committee consisting of ten members appointed by the commissioner
representing the following:
(1) the South Carolina Tire Dealers and Retreaders Association;
(2) the South Carolina Association of Counties;
(3) the South Carolina Association of Regional Councils;
(4) the South Carolina Department of Health and Environmental
Control;
(5) tire manufacturers;
(6) the general public;
(7) a public interest and environmental organization;
(8) the South Carolina Department of Wildlife and Marine Resources;
(9) the Division of Energy, Agriculture and Natural Resources in the
Office of the Governor; and
(10) the South Carolina Municipal Association.
Members of the committee shall serve for terms of three years and until
their successors are appointed and qualify except that of those first
appointed, three shall serve for terms of two years, and three shall serve for
terms of one year, as designated by the commissioner.
Vacancies must be filled in the manner of original appointment for the
unexpired portion of the term. The representative of the department shall
serve as chairman. The committee shall review grant requests and
proposals and make recommendations on grant awards to the State Solid
Waste Advisory Council. Grants must be awarded by the State Solid Waste
Advisory Council. Upon the cessation of the existence of the State Solid
Waste Advisory Council, the Office of Solid Waste Reduction and
Recycling shall receive recommendations from the committee.
(P) A county failing to comply with the requirements of this section
and regulations promulgated under it are not eligible for monies from the
Waste Tire Grant Trust Fund.
Section 44-96-180. Lead-acid batteries.
(A) Twelve months after this chapter is effective, no person shall
knowingly place a used lead-acid battery in mixed municipal solid waste,
discard or otherwise dispose of a lead-acid battery, except by delivery to:
(1) a lead-acid battery retailer or wholesaler;
(2) a collection, recycling, or recovered material processing facility
that is registered by the department to accept lead-acid batteries; or
(3) a permitted secondary lead smelter.
(B) Twelve months after this chapter is effective, no battery retailer
shall knowingly dispose of a used lead-acid battery except by delivery to:
(1) the agent of a lead-acid battery wholesaler or the agent of a
permitted secondary lead smelter;
(2) a vehicle battery manufacturer for delivery to a permitted
secondary lead smelter;
(3) a collection, recycling, or recovered material processing facility
that is registered by the department to accept lead-acid batteries; or
(4) a permitted secondary lead smelter.
(C) Any person violating the provisions of subsections (A) or (B) shall
be subject to a fine not to exceed two hundred dollars. This provision may
be enforced by a state, county, or municipal law enforcement official or by
the department. Each lead-acid battery improperly disposed of shall
constitute a separate violation.
(D) A person selling lead-acid batteries or offering lead-acid batteries
for retail sale in this State shall:
(1) accept, at the point of transfer, lead-acid batteries from customers;
and
(2) post written notice at his place of business which must be at least
eight and one-half inches by eleven inches in size and must contain the
state recycling symbol and the following language:
(a) `It is illegal to put a motor vehicle battery in the garbage.'
(b) `Recycle your used batteries.'
(c) `State law requires us to accept motor vehicle batteries for
recycling.'
(E) No person may recover from the owner or operator of a lead-acid
battery collection center any costs of response actions resulting from a
release of either a hazardous substance from lead-acid batteries, unless the
owner or operator is grossly negligent in the operation of the public
lead-acid battery collection center, or recovered materials processing
facility. Nothing in this section shall affect or modify in any way the
obligations or liability of any person under any other provisions of state or
federal law, including common law, for injury or damage resulting from the
release of hazardous substances.
(F) For sales made on or after November 1, 1991, there is imposed a
fee of two dollars for each lead-acid battery delivered by wholesalers to
licensed retail merchants, jobbers, dealers, or other wholesalers for resale in
this State. Retail merchants, jobbers, dealers, or other wholesalers
receiving new lead-acid batteries from unlicensed wholesalers shall be
responsible for the fee imposed by this section. The wholesaler or retailer
is to remit the fee to the Tax Commission on a monthly basis. The Tax
Commission shall administer, collect, and enforce the lead-acid battery
disposal fee in the same manner that the sales and use taxes are collected
pursuant to Chapter 36 of Title 12. However, taxpayers are not required to
make payments under Section 12-36-2600. In lieu of the discount allowed
pursuant to Section 12-36-2610, the taxpayer may retain three percent of
the total fees collected as an administrative collection allowance. This
allowance applies whether or not the return is timely filed. The
commission shall deposit all fees collected to the credit of the State
Treasurer. The State Treasurer is required to establish a separate and
distinct account from the State General Fund. The lead-acid battery
disposal fee must be credited to the Solid Waste Management Trust Fund
by the State Treasurer.
(G) The lead-acid battery retailer must charge a five dollar refundable
deposit for each battery sold for which a core is not returned to the retailer.
The deposit must be returned to the consumer if a core is returned to the
same retailer within thirty days.
(H) The department shall produce, print, and distribute the notices
required by subsection (D) to all lead-acid battery retailers.
(I) Any person selling lead-acid batteries at wholesale or offering
lead-acid batteries for sale at wholesale must accept, at the point of transfer,
lead-acid batteries from customers.
(J) Not later than eighteen months after this chapter is effective, the
department shall promulgate regulations necessary to carry out the
requirements of this section. Such regulations may include the imposition
of reasonable fees to assist in defraying the costs of the regulatory activities
of the department required by this section.
(K) All state agencies, all political subdivisions using state funds to
procure items, and all persons contracting with such agency or political
subdivision where such persons procure items with state funds shall
procure recycled lead-acid batteries where practicable, subject to the
provisions of Section 44-96-140(D).
Section 44-96-190. Yard Trash; compost.
(A) Not later than twelve months after this chapter is effective, the
department shall:
(1) promulgate regulations governing the proper management or
disposal, or both, of yard trash and land-clearing debris;
(2) promulgate regulations establishing standards for the production
of compost, including requirements necessary to produce hygienically safe
compost products for varying applications; and
(3) comply with the requirements of the South Carolina
Administrative Procedures Act and notify local government officials of the
opportunity to provide input prior to issuing proposed regulations for
comment under this article.
(B) Fifteen months after this chapter is effective, no person shall
knowingly mix yard trash and land-clearing debris with other municipal
solid waste that is intended for collection or disposal at a municipal solid
waste landfill or a resource recovery facility.
(C) Fifteen months after this chapter is effective, no person shall
knowingly mix other municipal solid waste with yard trash and
land-clearing debris that is intended for collection and disposal at a
composting facility. This prohibition does not apply to bags or other
containers approved by the operator of the composting facility.
(D) Fifteen months after this chapter is effective, no owner or operator
of a municipal solid waste landfill shall knowingly accept loads composed
primarily of yard trash or land-clearing debris unless the landfill provides
and maintains a separate waste composting facility and composts all yard
trash or land-clearing debris prior to disposal in the landfill or contracts for
the composting of such waste at the facility.
(E) Any person violating the provisions of subsections (B) or (C) shall
be subject to a fine not to exceed two hundred dollars. This provision may
be enforced by a state, county, or municipal law enforcement official or by
the department.
(F) All state agencies, all political subdivisions using state funds to
procure items, and all persons contracting with such agency or political
subdivision where such persons procure items with state funds shall
procure composted materials and products where practicable, subject to the
provisions of Section 44-96-140(D).
Section 44-96-200. White goods.
(A) Not later than eighteen months after this chapter is effective, the
department shall promulgate regulations governing the proper management
or disposal, or both, of white goods requiring a person selling or offering
white goods for sale at retail in this State to post written notice at his place
of business informing the purchaser of the proper method of disposal of
used white goods. Persons dealing with the disposal of white goods are
encouraged to reclaim freon from white goods containing freon before
recycling or disposal.
(B) Three years after this chapter is effective, no person shall
knowingly include white goods with other municipal solid waste that is
intended for collection or disposal at a municipal solid waste landfill.
(C) Three years after this chapter is effective, no owner or operator of a
municipal solid waste landfill shall knowingly accept white goods for
disposal at such landfill.
(D) Notwithstanding any other provision of law, any person violating
the provisions of subsections (B) and (C) of this section shall be subject to
a fine not to exceed two hundred dollars. This provision may be enforced
by a state, county, or municipal law enforcement official, or by the
department. Each white good improperly disposed of shall constitute a
separate violation.
(E) For sales made on or after November 1, 1991, there is imposed a
fee of two dollars for each white good delivered by wholesalers to licensed
retail merchants, jobbers, dealers, or other wholesalers for resale in this
State. Retail merchants, jobbers, dealers, or other wholesalers receiving
new white goods from unlicensed wholesalers shall be responsible for the
fee imposed by this section. The wholesaler or retailer is to remit the fee to
the Tax Commission on a monthly basis. The Tax Commission shall
administer, collect, and enforce the white good disposal fee in the same
manner that the sales and use taxes are collected pursuant to Chapter 36 of
Title 12. However, taxpayers are not required to make payments under
Section 12-36-2600. In lieu of the discount allowed pursuant to Section
12-36-2610, the taxpayer may retain three percent of the total fees collected
as an administrative collection allowance. This allowance applies whether
or not the return is timely filed. The commission is required to deposit all
fees collected to the credit of the State Treasurer. The State Treasurer is
required to establish a separate and distinct account from the State General
Fund. The State Treasurer shall credit the white good disposal fee to the
Solid Waste Management Trust Fund.
Section 44-96-210. Newsprint.
(A) Five years after this chapter is effective, the department shall make
a determination as to whether newsprint sold within this State is being
recycled at a rate of thirty-five percent or more of the quantity sold within
the State. If the department determines that newsprint is being recycled at a
rate of less than thirty-five percent, the department shall submit a report to
the Governor and to the General Assembly making recommendations on
incentives or penalties to increase the recycling percentage of newsprint to
at least thirty-five percent within a reasonable period of time. The
department may, by regulation, establish a program to obtain and verify the
information necessary to make the determination and recommendations
required by this section.
(B) For the purposes of this section, `newsprint' means uncoated paper,
whether supercalendered or machine finished, of the type generally used
for, but not limited to, the publication of newspapers, directories, or
commercial advertising mailers, which is primarily from mechanical
woodpulps combined with some chemical woodpulp.
Section 44-96-220. Uniform Tax Commission collection and
enforcement methods apply.
The provisions of Chapter 54 of Title 12 apply to the administration,
collection, and enforcement of the fees imposed by this chapter as
administered by the Tax Commission.
Section 44-96-230. State recycling symbol.
The Office of Solid Waste Reduction and Recycling shall establish and
have trademarked a state recycling symbol which would be utilized
statewide for educating the public on recycling activities and for promoting
the state solid waste management plan. This symbol shall consist of six
open arrows pointing counter-clockwise enclosed within a dark circle with
the caption `South Carolina Recycles' on the outside of the dark circle.
There shall be a white open circle in the center.
Section 44-96-235. Severability.
If any clause, sentence, paragraph, or part of this chapter or application
thereof to any person or circumstance shall, for any reason, be judged by a
court of competent jurisdiction to be invalid, such judgment shall not
affect, impair, or invalidate the remainder of this chapter or its application
to other persons or circumstances.
Article 2
Solid Waste Management
Section 44-96-240. Findings; purposes.
(A) The General Assembly finds that:
(1) South Carolina is generating increasingly large volumes of solid
waste which may pose a threat to human health and safety and to the
environment if not properly managed or if managed in facilities
inadequately designed and operated to ensure protection of human health
and safety and the environment.
(2) Many communities are managing solid waste in existing facilities
not designed and operated with technology and engineering controls that
are adequately protective of the environment.
(3) A number of new solid waste management facilities will have to
be established in coming years to replace older facilities as they reach
capacity or as they are required to close because they cannot meet new state
or federal regulatory requirements.
(4) It is the policy of the State of South Carolina to protect human
health and safety and the environment from the effects of improper or
inadequate solid waste management.
(5) Legislation is needed to establish an adequate regulatory
framework for the siting, design, construction, operation, and closure of
solid waste management facilities in order to provide protection for human
health and safety and for the environment.
(6) A regional approach to the establishment of solid waste
management facilities should be strongly encouraged in order to provide
solid waste management services in the most efficient and cost-effective
manner and to minimize any threat to human health and safety or to the
environment.
(B) It is the purpose of this article to:
(1) regulate solid waste management facilities other than hazardous
waste management facilities subject to the South Carolina Hazardous
Waste Management Act, infectious waste management facilities subject to
the South Carolina Infectious Waste Management Act, and radioactive
waste facilities subject to the South Carolina Atomic Energy and Radiation
Control Act and other federal and state laws; and
(2) ensure that all solid waste management facilities in this State are
sited, designed, constructed, operated, and closed in a manner that protects
human health and safety and the environment.
Section 44-96-250. Definitions.
(A) The definitions set forth in Article 1 of this chapter are
incorporated by reference in this article.
(B) The following definitions are applicable in this article:
(1) `Applicant' means an individual, corporation, partnership,
business association, or government entity that applies for the issuance,
transfer, or modification of a permit under this article.
(2) `Ash' means the solid residue from the incineration of solid waste.
(3) `Closure' means the discontinuance of operation by ceasing to
accept, treat, store, or dispose of solid waste in a manner which minimizes
the need for further maintenance and protects human health and the
environment.
(4) `Commissioner' means the Commissioner of the South Carolina
Department of Health and Environmental Control.
(5) `Composite liner' means a liner which shall consist of a
geomembrane placed over a natural or recompacted soil layer.
(6) `Construction' means any physical modification to the site at
which a potential or proposed solid waste management facility is to be
located including, but not limited to, site preparation.
(7) `Contingency plan' means a document acceptable to the
department setting out an organized, planned, and coordinated course of
action to be followed at or by the facility in case of a fire, explosion, or
other incident that could threaten human health and safety or the
environment.
(8) `Cover' means soil or other suitable material acceptable to the
department, or both, that is used to cover compacted solid waste in a land
disposal site.
(9) `Daily cover' means a compacted layer of at least six inches of
soil or other cover material, in an amount approved by the department, that
is placed on all exposed solid waste in a landfill at the end of each day of
operation, except for recyclable materials properly located in a salvage
area.
(10) `Disclosure statement' means a sworn statement or affirmation,
the form and content of which shall be determined by the department and as
required by Section 44-96-300.
(11) `Double geomembrane liner' means a liner which shall consist of
the following layers from bottom to top:
(a) a properly graded and prepared subbase;
(b) a minimum 60 mil HDPE geomembrane secondary liner;
(c) a secondary leachate collection system;
(d) an approved bentonite mat or equivalent;
(e) a geomembrane primary liner; and
(f) a primary leachate collection system.
(12) `Equity' means both legal and equitable interests.
(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. 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.
(14) `Flood plain' means the lowland and relatively flat areas
adjoining inland and coastal areas of the mainland and off-shore islands
including, at a minimum, areas subject to a one percent or greater chance of
flooding in any given year.
(15) `Leachate' means the liquid that has percolated through or
drained from solid waste or other man-emplaced materials and that contains
soluble, partially soluble, or miscible components removed from such
waste.
(16) `Liner' means a continuous layer of natural or man-made
materials, beneath or on the sides of a surface impoundment, landfill, or
landfill cell, which restricts the downward or lateral escape of solid waste,
and constituents of such waste, or leachate.
(17) `Monofill' means a landfill or landfill cell into which only one
type of waste is placed.
(18) `Municipal solid waste incinerator' means any solid waste
incinerator, publicly or privately owned, that receives household waste.
Such incinerator may receive other types of solid waste such as commercial
or industrial solid waste.
(19) `Permit' means the process by which the department can ensure
cognizance of, as well as control over, the management of solid wastes.
(20) `Responsible party' means:
(a) any officer, corporation director, or senior management official
of a corporation, partnership, or business association that is an applicant;
(b) a management employee of a corporation, partnership, or
business association that is an applicant who has overall responsibility for
operations and financial management of the facility under consideration;
(c) an individual, officer, corporation director, senior management
official of a corporation, partnership, or business association under contract
to the applicant to operate the facility under consideration; or
(d) an individual, corporation, partnership, or business association
that holds, directly or indirectly, at least five percent equity or debt interest
in the applicant. If any holder of five percent or more of the equity or debt
of the applicant is not a natural person, the term means any officer,
corporation director, or senior management official of the equity or debt
holder who is empowered to make discretionary decisions with respect to
the operation and financial management of the facility under consideration.
(21) `Run-off' means any rainwater, leachate, or other liquid that
drains over land from any part of a facility.
(22) `Solid waste processing facility' means a combination of
structures, machinery, or devices utilized to reduce or alter the volume,
chemical, or physical characteristics of solid waste through processes, such
as baling or shredding, prior to delivery of such waste to a recycling or
resource recovery facility or to a solid waste treatment, storage, or disposal
facility and excludes collection vehicles. (23) `Transfer station'
means a combination of structures, machinery, or devices at a place or
facility where solid waste is taken from collection vehicles and placed in
other transportation units, with or without reduction of volume, for
movement to another solid waste management facility.
(24) `Vector' means a carrier that is capable of transmitting a pathogen
from one organism to another including, but not limited to, flies and other
insects, rodents, birds, and vermin.
(25) `Vehicle' means any motor vehicle, water vessel, railroad car,
airplane, or other means of transporting solid waste.
Section 44-96-260. Powers and duties of the department.
To carry out the purposes and provisions of this article, the department
is authorized to:
(1) promulgate such regulations, procedures, or standards as are
necessary to protect human health and safety or the environment from the
adverse effects of improper, inadequate, or unsound management of solid
waste;
(2) issue, deny, revoke, or modify permits, registrations, or orders
under such conditions as the department may prescribe, pursuant to
procedures consistent with the South Carolina Administrative Procedures
Act, for the operation of solid waste management facilities;
(3) establish, by regulation, and collect reasonable registration and
permit fees to assist in defraying the costs of the department's solid waste
regulatory programs;
(4) conduct inspections, conduct investigations, obtain samples, and
conduct research regarding the operation and maintenance of any solid
waste management facility;
(5) enter into agreements, contracts, or cooperative arrangements,
under such terms and conditions as the department determines appropriate,
with other state, federal, or interstate agencies, counties, municipalities,
educational institutions, other local governments, and local health
departments, consistent with the purposes and provisions of this article;
(6) receive financial and technical assistance from the federal
government or private entities;
(7) cooperate with private organizations and with business and
industry in carrying out the provisions of this article;
(8) establish qualifications for, and provide certification programs for,
operators of landfills and other solid waste management facilities;
(9) establish and carry out an appropriate statewide educational
program to inform local governments and private entities of the
requirements of this article; and
(10) encourage counties and municipalities to pursue a regional
approach to solid waste management within a common geographical area.
Section 44-96-270. Department report on regional solid waste
management facilities.
The department shall conduct a study and shall submit a report to the
Governor and to the General Assembly not later than eighteen months after
this chapter is effective on ways to encourage counties and municipalities
to pursue a regional approach to solid waste management, including
incentives to encourage the siting, construction, and operation of regional
solid waste management facilities.
Section 44-96-280. Powers of the commissioner.
The commissioner, upon receipt of information that any aspect of solid
waste management within any publicly or privately owned facility, may
present an imminent and substantial hazard to human health or safety or to
the environment, and may take necessary action to protect human health or
safety or the environment which may include, but is not limited to, the
following:
(1) entering the solid waste management facility in order to assess
what actions may be necessary;
(2) issuing or modifying an order directing the person responsible for
facility operations to take appropriate action to prevent or eliminate the
practice which is causing the hazard or a violation of any provision of this
article or regulation promulgated pursuant to this article;
(3) commencing an action to enjoin any act or practice that is causing
the hazard; and
(4) inspecting and obtaining samples from a person owning, operating,
or supervising any solid waste management facility. However, the
department shall provide, upon request, a sample of equal volume or weight
to the person owning, operating, or supervising the facility. The department
also shall provide such person with a copy of the results of the analysis of
the samples after the results have been properly evaluated by the
department to determine their validity.
Section 44-96-290. Permitting.
(A) No person shall operate a solid waste management facility without
a permit from the department. However, pursuant to a county or regional
plan, any political subdivision of this State may hold a permit for a solid
waste management facility as the owner of the facility and may contract for
the operation, management, or both, of the facility. A separate permit shall
be required for each site or facility although the department may include
one or more different types of facilities in a single permit if the facilities are
collocated on the same site. The department may, by regulation, exempt
certain facilities from all or part of the requirements of this section.
(B) No person shall initiate construction, expansion, modification, or
closure of a solid waste management facility except in accordance with
requirements established by the department pursuant to this article.
(C) Permits issued by the department to existing solid waste
management facilities pursuant to statutory and regulatory requirements in
effect before the date this article is effective remain valid for the life of the
permit. However, a solid waste management facility without an approved
closure plan is subject to the closure and postclosure requirements of this
article applicable to that type of facility and to any other requirements made
applicable specifically to existing solid waste management facilities by this
article or by regulations promulgated pursuant to it. Upon expiration of the
permit, the permittee shall comply with the requirements of this article and
regulations promulgated pursuant to it.
(D) The department shall promulgate regulations for the permitting of
solid waste management facilities which shall, at a minimum, address the
following issues:
(1) contents of permit applications and application procedures;
(2) suspension, revocation, modification, issuance, denial, or renewal
of a permit, including the criteria for taking such action and the procedures
for taking such action consistent with the South Carolina Administrative
Procedures Act;
(3) exemptions, variances, and emergency approvals;
(4) financial responsibility requirements sufficient to ensure the
satisfactory maintenance, closure, and postclosure care of any solid waste
management facility or to carry out any corrective action which may be
required as a condition of a permit; provided, however, that consideration
shall be given to mechanisms which would provide flexibility to the owner
or operator in meeting its financial obligations. The owner or operator
shall be allowed to use combined financial responsibility mechanisms for a
single facility and shall be allowed to use combined financial responsibility
mechanisms for multiple facilities, utilizing actuarially sound
risk-spreading techniques. The department shall require the demonstration
of financial responsibility prior to issuing a permit for any solid waste
management facility. The department regulations regarding financial
responsibility requirements shall not apply to any local government or
region comprised of local governments which owns and operates a
municipal solid waste management facility unless and until such time as
federal regulations require such local governments and regions to
demonstrate financial responsibility for such facilities;
(5) public notice and public hearing requirements consistent with the
requirements of the South Carolina Administrative Procedures Act; and
(6) generally applicable operational requirements.
(E) No permit to construct a new solid waste management facility or to
expand an existing solid waste management facility may be issued until a
demonstration of need is approved by the department. Facilities which
lawfully burn nonhazardous waste for energy recovery up to the normal
rate of manufacturing production or which lawfully use or reuse the waste
to make a product shall not be excluded from the demonstration of need
requirement. No construction of new or expanded solid waste management
facilities may be commenced until all permits required for construction
have been issued. In determining if there is a need for new or expanded
solid waste disposal sites, the department shall not consider solid waste
generated in jurisdictions not subject to the provisions of a county or
regional solid waste management plan pursuant to this chapter.
The department shall promulgate regulations to implement this section.
These regulations must apply to all solid waste management facilities
which have not obtained all permits required for construction. This
subsection does not apply to inert or cellulosic solid waste facilities which
are not commercial solid waste management facilities or to industrial
facilities managing solid waste generated in the course of normal
operations on property under the same ownership or control as the solid
waste management facility if the industrial facility is not a commercial
solid waste management facility.
(F) In considering a demonstration of need from an applicant to
construct a new facility prior to adoption and approval of state and county
or regional solid waste plans as required by Sections 44-96-60 and
44-96-80, the department may only consider the amount of waste
generated within this State; except that no county or proposed region may
be required to use any facility permitted during this interim period unless
the governing body of the county or the governing bodies of the counties in
a proposed region adopt a resolution expressing their intent to use the
facility. The governing body of the county in which such landfill will be
located shall request that the department issue a permit to the new facility.
Any new facility which is to be permitted must comply with zoning and
land use ordinances and must meet the requirements of Sections 44-96-320,
44-96-330, and 44-96-350.
In considering a demonstration of need from an applicant to construct
an expansion to an existing permitted facility prior to adoption and
approval of state and county or regional solid waste plans as required by
Sections 44-96-60 and 44-96-80, the department may only consider the
amount of waste generated within this State; except that no county or
proposed region may be required to use any facility permitted during this
interim period unless the governing body of the county or the governing
bodies of the counties in a proposed region adopt a resolution expressing
their intent to use the facility. Any expansion to an existing facility which
is to be permitted must comply with zoning and land use ordinances and
must meet the requirements of Sections 44-96-320, 44-96-330, and
44-96-350. For the purpose of this subsection, `expansion' means the
process of increasing existing capacity of operations at an existing site
when such increase is in conformity with the service area and scope of
operations of the original permit. During the interim period, the department
shall take into account financial impact on the county for expansions of
county landfill facilities which are at or near their permitted capacity in
determining whether to require the county to meet all or a portion of the
minimum requirements of Sections 44-96-320, 44-96-330, and 44-96-350.
In order to promote the comprehensive and proper management of solid
waste in South Carolina and protect the public health and welfare of its
citizens, prior to the adoption of the state and county or regional solid waste
management plans as required under Sections 44-96-60 and 44-96-80, and
prior to the promulgation of regulations required by Sections 44-96-340
and 44-96-350, whichever comes later, no new or expanded solid waste
facility, which proposes to incinerate solid waste, may be sited or permitted
without a finding by the Board of Health and Environmental Control that
the new or expanded facility is necessary to prevent an imminent and
substantial threat to the health of persons or the environment.
This subsection does not apply to inert or cellulosic solid waste facilities
which are not commercial facilities or to industrial facilities managing solid
waste generated in the course of normal operations on property under the
same ownership or control as the solid waste management facility if the
industrial facility is not a commercial solid waste management facility.
(G) No permit to construct a new solid waste management facility or to
expand an existing solid waste management facility within a county or
municipality may be issued by the department unless the proposed facility
or expansion is consistent with local zoning, land use, and other applicable
local ordinances, if any; that, eighteen months after the date of enactment
of this chapter, the proposed facility or expansion is consistent with the
local or regional solid waste management plan and the state solid waste
management plan; and that, one year after the end of the one hundred
eighty-day review period, the host jurisdiction and the jurisdiction
generating solid waste destined for the proposed facility or expansion can
demonstrate that they are actively involved in and have a strategy for
meeting the statewide goal of waste reduction established in this chapter.
This subsection shall not apply to industrial facilities managing solid waste
generated in the course of normal operations on property under the same
ownership or control as the waste management facility. However, the
facilities shall be consistent with the applicable local zoning and land use
ordinances, if any; and provided, further, that the industrial facility is not a
commercial solid waste management facility.
(H) A permit issued pursuant to this article shall contain such
conditions or requirements as are necessary to comply with the
requirements of this article and the regulations of the department and to
prevent a substantial hazard to human health or to the environment. Permits
issued under this section shall be effective for the design and operational
life of the facility, to be determined by the department, subject to the
provisions of this article. However, at least once every five years, the
department shall review the environmental compliance history of each
permittee. The time period for review for each category of permits shall be
established by the department by regulation. If, upon review, the
department finds that material or substantial violations of the permit
demonstrate the permittee's disregard for or inability to comply with
applicable laws, regulations, or requirements and would make continuation
of the permit not in the best interests of human health and safety or the
environment, the department may, after a hearing, amend or revoke the
permit, as appropriate and necessary. When a permit is reviewed, the
department shall include additional limitations, standards, or conditions
when the technical limitations, standards, or regulations on which the
original permit was based have been changed by statute or amended by
regulation.
(I) The department may amend or attach conditions to a permit when:
(1) there is a significant change in the manner and scope of operation
which may require new or additional permit conditions or safeguards to
protect human health and safety and the environment;
(2) the investigation has shown the need for additional equipment,
construction, procedures, and testing to ensure the protection of human
health and safety and the environment; and
(3) the amendment is necessary to meet changes in applicable
regulatory requirements.
Section 44-96-300. Disclosure statements by permit applicants.
(A) The department may obtain a disclosure statement from the
applicant at the same time that an application for a permit for operation of a
solid waste management facility is filed, except that this section shall not
apply if the applicant is a local government or a region comprised of local
governments. The disclosure statement shall contain the following
information with regard to the applicant and his responsible parties:
(1) the full name, business address, and social security number of all
responsible parties;
(2) a description of the experience and credentials, including any past
or present permits or licenses for the collection, transportation, treatment,
storage, or disposal of solid waste, issued to or held by the applicant within
the past five years;
(3) a listing and explanation of all convictions by final judgment of a
responsible party in a state or federal court, whether under appeal or not, of
a crime of moral turpitude punishable by a fine of five thousand dollars or
more or imprisonment for one year or more, or both, within five years
immediately preceding the date of the submission of the permit application;
(4) a listing and explanation of all convictions by final judgment of a
responsible party in a state or federal court, whether under appeal or not, of
a criminal or civil offense involving a violation of an environmental law
punishable by a fine of five thousand dollars or more or imprisonment for
one year or more, or both, in a state or federal court within five years of the
date of submission of the permit application;
(5) a listing and explanation of the instances in which a disposal
facility permit held by the applicant was revoked by final judgment in a
state or federal court, whether under appeal or not, within five years of the
date of submission of the permit application; and
(6) a listing and explanation of all adjudications of the applicant for
having been in contempt of any valid court order enforcing any federal
environmental law or any state environmental law relative to the activity
for which the permit is being sought, within five years of the date of
submission of the permit application.
(B) The burden of proof with regard to any application shall lie with
the applicant. The department shall deny a permit if it finds by a
preponderance of the evidence that:
(1) the applicant is not financially and technically qualified to carry
out the activity for which the permit is sought;
(2) the applicant has knowingly misrepresented or concealed any
material fact in the permit application or disclosure statement, or in any
other report or certification required under this article or under regulations
promulgated pursuant to this article;
(3) the applicant has obtained or attempted to obtain the permit by
misrepresentation or fraud; or
(4) the applicant has a documented and continuing history of criminal
convictions or a documented history of violation of state or federal
environmental laws such that the applicant's ability to operate within the
law is questionable.
(C) In making a determination of whether a preponderance of the
evidence exists under subsection (B), the department shall consider:
(1) the nature and details of the acts attributed to the applicant;
(2) the degree of culpability of the applicant;
(3) the applicant's policy or history of discipline, or both, of a
responsible party convicted of acts described in subsection (A);
(4) whether the applicant has substantially complied with this state's
statutes, rules, regulations, permits, and orders applicable to the applicant in
this State relative to the activity for which the permit is sought;
(5) whether the applicant, if the applicant has no prior history within
this State, has substantially complied with other jurisdictions' statutes,
rules, regulations, permits, and orders applicable to the applicant relative to
the activity for which the subject permit is sought;
(6) whether the applicant has in place and observes formal
management controls to minimize and prevent the occurrence of violations
or other unlawful activities relative to the activity for which the subject
permit is sought;
(7) mitigation based upon any demonstration of good citizenship by
the applicant including, without limitation, prompt payment of damages,
cooperation with investigations, termination of employment or other
relationship with responsible parties or other persons responsible for the
activity described in subsection (A) or other demonstration of good
citizenship by the applicant that the department finds acceptable; and
(8) whether the best interests of the public will be served by denial of
the permit.
(D) The department may request specific information or a background
investigation of an applicant by the State Law Enforcement Division or by
the Attorney General. Such investigations shall be completed and the
results provided to the department within ninety days of the department's
request for the investigation.
(E) In making a determination under this section, the department shall
comply with the notice and public hearing requirements for administrative
proceedings pursuant to the South Carolina Administrative Procedures Act
and with public notice requirements for permit decisions required pursuant
to this chapter.
(F) The department shall provide for an adjudicatory hearing if an
aggrieved party with standing appeals the granting, denial, or granting with
conditions of a permit by making a written request to the department for an
adjudicatory hearing within fifteen days of receiving the notification
required by this section.
(G) If a responsible party of an applicant is a chartered lending
institution or a publicly held corporation reporting under the Federal
Securities and Exchange Act of 1934 or a wholly-owned subsidiary of a
publicly held corporation reporting under the Federal Securities and
Exchange Act of 1934, such responsible party shall not be required to
submit a disclosure statement in accordance with the provisions of
subitems (1), (2), (3), (4), and (5) of subsection (A) of this section,
excluding subitem (A)(6), but shall submit to the department reports
covering its structure and operations required by the chartering body or the
Federal Securities and Exchange Commission. The department is
authorized to require a responsible party to provide such additional
information to the department as is reasonably necessary to make the
determinations provided for in this section.
(H) Every applicant shall file a disclosure statement with the
department together with the permit application or within sixty days of the
adoption of the form and content of the disclosure statement by the
department, whichever is later.
(I) Every holder of a permit issued pursuant to this article who has not
earlier filed a disclosure statement shall, not later than one year after this
article is effective, file a disclosure statement with the department.
(J) Not later than two years after this article is effective, every holder of
a permit issued pursuant to this article shall update its disclosure statement
not later than the end of January of each calendar year regarding any
material changes in information in the permit holder's most recent
disclosure statement on file with the department.
(K) If the department denies or revokes a permit based on this section
or on Section 44-96-290(F), the applicant of the denied permit or the holder
of the revoked permit may petition the department at any time for
reconsideration of the denial or revocation. The department shall issue the
denied permit or reinstate the revoked permit if the applicant of the denied
permit or the holder of the revoked permit affirmatively demonstrates
rehabilitation of the individual or business concern by a preponderance of
the evidence. In determining whether subsequent issuance or reinstatement
of a permit would be in the public interest, the department shall give
consideration to any relevant factors including, but not limited to, the
factors identified in subsection (C). The department may approve a
conditional permit, not to exceed two years, to allow the applicant of the
denied permit or the holder of the revoked permit a reasonable opportunity
to continue to affirmatively demonstrate the applicant's rehabilitation.
Section 44-96-310. Research, development, and demonstration permits.
(A) The department may issue a research, development, and
demonstration permit for any solid waste management facility proposing to
utilize an innovative and experimental solid waste management technology
or process. The application for such permit must clearly demonstrate
adequate protection of human health and safety and the environment and
must be consistent with federal and state laws and regulations and this
article. A permit issued under this section must not be for an activity of a
continuing nature.
(B) An application for a permit issued under this section must, at a
minimum:
(1) describe the proposed activity in detail;
(2) describe how the permit applicant intends to provide for the
management of solid waste in order to determine the efficiency and
performance capabilities of the technology or process and the effects of
such technology or process on human health and safety and the
environment, and how the permit applicant intends to protect human health
and safety and the environment in the conduct of the project; and
(3) state that the permit applicant will share on a timely basis with the
department any information obtained as a result of the activity undertaken
under the permit.
(C) Not later than eighteen months after this article is effective, the
department shall promulgate the criteria and procedures for the issuance of
such permits.
Section 44-96-320. Solid waste landfills.
(A) Not later than eighteen months after this article is effective, the
department shall promulgate, in addition to regulations generally applicable
to all solid waste management facilities, regulations governing the siting,
design, construction, operation, closure, and postclosure activities of all
landfills that dispose of solid waste. The department may, by regulation,
exempt certain facilities from all or part of the requirements of this section.
In determining if exemptions are warranted from all or part of the
regulations applicable to this section and Section 44-96-330, the
department must consider in situ soil as a criterion for granting exemptions.
These regulations shall not apply to the disposal of solid waste from a
single family or household on property where such waste is generated.
(B) The regulations governing solid waste landfills shall, at a
minimum, contain the following requirements:
(1) the submission by the permit applicant of the following
documents:
(a) a comprehensive engineering report that describes, at a
minimum, existing site conditions and construction plans;
(b) a quality assurance and quality control report;
(c) a hydrogeologic report and water quality and air quality
monitoring plans;
(d) a contingency plan describing the action to be taken in response
to contingencies which may occur during construction and operation of the
landfill;
(e) an operational plan describing how the facility will meet all
applicable regulatory requirements;
(f) the maximum volume of solid waste the facility is capable of
receiving over the operational life of the facility and the maximum rate at
which the facility will receive that waste; and
(g) a landscape plan;
(2) locational criteria. However, the department shall grant
exemptions from such criteria upon a demonstration by the permit
applicant of circumstances which warrant an exemption;
(3) landfill construction requirements;
(4) facility design and operational requirements including, but not
limited to, access controls, cover requirements, gas control, leachate
control, exclusion of hazardous wastes, liner requirements, litter control,
groundwater and surface water monitoring, and air quality monitoring;
(5) closure and postclosure requirements;
(6) financial responsibility requirements; and
(7) corrective action requirements.
Section 44-96-330. Minimum requirements for new and existing
municipal solid waste landfills.
(A) In addition to the requirements imposed by this article, the
regulations promulgated by the department shall, at a minimum, require the
following for new and existing municipal solid waste landfills:
(1) controls to detect and prevent the disposal of hazardous waste,
nonhazardous bulk liquids, and nonhazardous liquids in containers, other
than household wastes. Such controls shall include random inspections of
incoming loads, inspection of suspicious loads, records of inspections,
training of facility personnel to recognize illegal materials, and procedures
for notifying the proper authorities if any regulated hazardous waters are
found;
(2) daily cover to control disease vectors, fires, odors, blowing litter,
and scavenging;
(3) landfill gas monitoring and controls to minimize the buildup of
explosive gases beneath, around, or in facility structures excluding gas
control or recovery components;
(4) access controls to protect human health and safety and the
environment, to prevent unauthorized vehicular traffic, and to prevent
illegal dumping of wastes;
(5) run-on and run-off controls;
(6) landfill closure requirements that:
(a) minimize the need for further maintenance;
(b) ensure that no adverse effect will be caused from postclosure
releases to the groundwater, surface water, or atmosphere; and
(c) upon issuance of a permit, require the owner or operator to
record in the clerk's office or Register of Mesne Conveyances Office, in the
county in which the site is located, a survey plat indicating the location and
dimensions of landfill cells or other solid waste disposal units with respect
to permanently surveyed benchmarks. Upon recordation, the owner or
operator must submit to the department a copy of the recorded document;
(7) closure and postclosure care plans which identify for each facility
the steps necessary to ensure closure and postclosure care, time estimates,
modifications to monitoring and collection systems, final cover, and cost
estimates. The postclosure care period shall be determined by results from
the monitoring of the landfill, including leachate quality and quantity and
methane gas generation or some alternative;
(8) financial responsibility for closure and postclosure care;
(9) groundwater monitoring; and
(10) corrective action requirements.
(B) The regulations promulgated pursuant to this article shall require,
at a minimum, for each new municipal solid waste landfill and lateral
expansion to existing municipal solid waste landfills the following:
(1) a single composite liner, natural or manmade materials, or both, or
in situ soil, or a combination of both, capable of preventing the migration
of wastes out of the landfill to the aquifer or surface water during the active
life of the facility and during the required postclosure period and ensuring
that leachate does not contaminate the aquifer or surface water during the
active life of the facility and during the required postclosure period;
(2) leachate collection and removal systems;
(3) a construction quality assurance plan specifying the materials to
be used in liner construction, the construction techniques, the engineering
plans, and the installation test procedures; and
(4) landfills, at a minimum, shall not be located in the following
locations:
(a) within the one hundred-year flood plain unless it can be
demonstrated by the owner or operator that engineering measures have
been incorporated into the landfill design to ensure the landfill will not
restrict the flow of the one hundred-year base flood, reduce the temporary
water shortage capacity of the flood plain, or result in the washout of solid
waste so as to pose a hazard to human health or the environment;
(b) within two hundred feet of a fault that has had displacement in
Holocene time;
(c) within a seismic impact zone or other unstable areas unless it can
be demonstrated by the owner or operator that engineering measures have
been incorporated into the landfill design to ensure the structural stability
of the landfill capable of protecting human health and safety and the
environment; and
(d) within proximity of airports or wetlands to be determined by the
department by regulation.
Section 44-96-340. Solid waste incinerators.
(A) No solid waste incinerator with a daily capacity in excess of six
hundred tons may be permitted within the State, nor may any solid waste
incinerator with a daily capacity in excess of one hundred tons be permitted
to be sited within three miles of another such facility.
(B) Not later than eighteen months after this article is effective, the
department shall promulgate, in addition to regulations generally applicable
to all solid waste management facilities, regulations governing the siting,
design, construction, operation, closure, and postclosure activities of all
solid waste incinerators, other than facilities specifically regulated under
other provisions of this article or other applicable provisions of state law.
The department may, by regulation, exempt certain facilities from all or
part of the requirements of this section.
(C) The regulations governing solid waste incinerators shall, at a
minimum, contain the following requirements:
(1) the submission by the permit applicant of the following
documents:
(a) an engineering report which must, at a minimum, contain a
description of the facility, the process and equipment to be used, the
proposed service area, the types and quantities of wastes to be treated, and
storage of waste;
(b) engineering plans and specifications which must, at a minimum,
describe the process equipment specifications, instrumentation and control
diagrams, and performance specifications for all major equipment and
control centers;
(c) a personnel training program;
(d) an ash management plan including, at a minimum, an
identification of the facility approved by the department that will receive
the residue and a certification that the facility shall have adequate capacity
to handle such residue;
(e) an air quality monitoring plan;
(f) a description of the manner in which waste waters, if any, from
the facility will be managed;
(g) a quality assurance and quality control report;
(h) a contingency plan describing a technically and financially
feasible course of action to be taken in response to contingencies which
may occur during construction and operation of the facility;
(i) an operation plan describing how the facility will meet all
applicable regulatory requirements;
(j) a draft operation and maintenance manual; and
(k) a closure plan;
(2) locational criteria; provided, however, that the department shall
grant exemptions from such criteria upon a demonstration by the permit
applicant of circumstances which warrant an exemption;
(3) facility design and operational requirements including, but not
limited to, access controls, recordkeeping and reporting requirements,
receipt and handling of solid waste, process changes, emergency
preparedness, and guidelines for identifying items or materials that should
be removed prior to incineration;
(4) air and water quality monitoring requirements;
(5) closure and postclosure requirements;
(6) financial responsibility requirements;
(7) personnel training requirements;
(8) ash residue requirements including, but not limited to, testing
requirements and procedures, the contents of an ash management plan,
handling, storage, reuse or recycling, transportation, and disposal of the
ash; and
(9) corrective action requirements.
Section 44-96-350. Minimum requirements for the management of
municipal solid waste incinerator ash.
(A) In addition to the requirements imposed by this article, the
regulations promulgated by the department shall, at a minimum, require
that municipal solid waste incinerator ash which is disposed of at a solid
waste landfill be disposed of only in the following manner: (1) a monofill meeting the following requirements:
(a) the unit or cell is used exclusively for the disposal of municipal
solid waste incinerator ash;
(b) the unit is located, designed, and operated so as to protect human
health and safety and the environment;
(c) the unit has a groundwater monitoring system and a leachate
collection and removal system; and
(d) the unit has a single composite liner or double geomembrane
liner designed, operated, and constructed of materials to restrict the
migration of any constituent into and through such liner during such period
as the unit remains in operation, including any postclosure monitoring
period;
(2) a landfill unit, which may be used for the codisposal of municipal
solid waste and municipal solid waste incinerator ash, meeting the
following requirements:
(a) the unit is located, designed, and operated so as to protect human
health and safety and the environment;
(b) the unit has groundwater monitoring and leachate collection
systems; and
(c) the unit has a double geomembrane liner. The liner shall be
designed, operated, and constructed of materials to prevent the migration of
any constituent into and through such liner during the period the facility
remains in operation and for any postclosure monitoring period.
(B) The department shall prescribe criteria and testing procedures for
identifying the properties of municipal solid waste incinerator ash that may
result in entry into groundwater or surface water in such manner as may
pose a hazard to human health and safety or to the environment. The
department shall prescribe such criteria and testing procedures not later
than eighteen months after this article is effective. Based on the criteria
and testing procedures, the regulations shall permit municipal incinerator
ash which does not exhibit any of the properties identified in such criteria
to be disposed of in solid waste landfill units or cells meeting the
applicable regulatory requirements of this section. If such ash exhibits any
of the properties identified in the criteria, the department may require that it
be disposed of in a landfill meeting the requirements for hazardous waste
disposal.
Section 44-96-360. Solid waste processing facilities.
(A) Not later than eighteen months after this article is effective, the
department shall promulgate, in addition to regulations generally applicable
to all solid waste management facilities, regulations governing the siting,
design, construction, operation, closure, and postclosure activities of
facilities which receive solid waste for processing. The department may, by
regulation, exempt certain facilities from all or part of the requirements of
this section.
(B) All new processing facilities must comply with the requirements of
this section. The department shall establish a schedule for existing
facilities to come into compliance with the requirements of this section.
(C) The regulations governing solid waste processing facilities shall, at
a minimum, contain the following requirements:
(1) the submission by the permit applicant of the following
documents:
(a) an engineering report which must, at a minimum, contain a
description of the facility, the process and equipment to be used, the
proposed service area, the types and quantities of waste to be processed,
and a description of existing site conditions;
(b) complete construction plans and specifications;
(c) a design report;
(d) a personnel training program;
(e) an identification of possible air releases and groundwater and
surface water discharges;
(f) a waste control plan describing the manner in which waste from
the processing activities will be managed. The plan must, at a minimum,
identify the facilities to be approved by the department that will receive the
waste and a certification that such facilities have adequate capacity to
manage the waste;
(g) a quality assurance and quality control report;
(h) a contingency plan describing the action to be taken in response
to contingencies which could occur during operation of the facility;
(i) an operation plan describing how the facility will meet all
applicable regulatory requirements;
(j) a draft operation and maintenance manual;
(k) a closure plan; and
(l) a description of the restrictions, if any, that the facility places on
the materials it receives for processing and a statement explaining the need
for such restrictions;
(2) locational criteria; provided, however, that the department shall
grant exemptions from such criteria upon a demonstration by the permit
applicant of circumstances which warrant an exemption;
(3) facility design and operational requirements including, but not
limited to, access controls, reporting and recordkeeping requirements,
receipt and handling of solid waste, process changes, emergency
preparedness, and guidelines for identifying items or materials that may not
be accepted for processing;
(4) monitoring requirements including, at a minimum, air quality
monitoring and analysis, groundwater and surface water quality monitoring
and analysis, and product quality testing and analysis;
(5) closure and postclosure requirements;
(6) financial responsibility requirements;
(7) personnel training requirements; and
(8) corrective action requirements.
Section 44-96-370. Storage and transfer of solid waste.
(A) Not later than eighteen months after this article is effective, the
department shall promulgate regulations establishing minimum standards
for any storage of solid waste prior to processing or incineration or at or in
a transfer station. Such regulations shall require that any spillage or
leakage of solid waste be contained on the storage site and that no
unpermitted discharges to the environment occur. 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 governing solid waste transfer
facilities. The regulations shall, at a minimum, require the submission by a
permit applicant of a plan of operation and shall establish locational
criteria, operational requirements, and closure requirements. The
department may, by regulation, exempt certain facilities from all or part of
the requirements of this section.
Section 44-96-380. Land application facilities; composting facilities;
construction, demolition, and land clearing debris landfills.
(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, 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 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 regulation shall, at a minimum, contain the
following requirements:
(1) site selection;
(2) construction;
(3) hydrogeologic;
(4) operation; and
(5) closure and postclosure.
Section 44-96-390. Approval procedures for special wastes.
(A) For the purposes of this section, `special wastes' is defined as
nonresidential or commercial solid wastes, other than regulated hazardous
wastes, that are either difficult or dangerous to handle and require unusual
management at municipal solid waste landfills, including, but not limited
to:
(1) pesticide wastes;
(2) liquid wastes and bulk liquid wastes;
(3) sludges;
(4) industrial process wastes, defined as wastes generated as a direct
or indirect result of the manufacture of a product or the performance of a
service, including, but not limited to, spent pickling liquors, cutting oils,
chemical catalysts, distillation bottoms, etching acids, equipment cleanings,
point sludges, core sands, metallic dust sweepings, asbestos dust, and
off-specification, contaminated, or recalled wholesale or retail products.
Specifically excluded are uncontaminated packaging materials,
uncontaminated machinery components, landscape waste, and construction
or demolition debris;
(5) wastes from a pollution control process;
(6) residue or debris from the cleanup of a spill or release of chemical
substances, commercial products, or wastes listed in items (1) through (5);
(7) soil, water, residue, debris, or articles that are contaminated from
the cleanup of a facility or site formerly used for the generation, storage,
treatment, recycling, reclamation, or disposal of wastes listed in items (1)
through (6); and
(8) containers and drums.
(B) A special waste must not be disposed of nor accepted for disposal
at a municipal solid waste landfill without prior written approval by the
disposal facility in accordance with department requirements.
(C) A facility may apply to the department at any time for
modifications or additions to the types of special waste disposed of or
methods for disposal.
(D) Not later than six months after this article is effective or the initial
receipt of wastes, whichever is later, the owner or operator of a municipal
solid waste landfill shall prepare and submit to the department a waste
analysis plan that addresses, at a minimum, the:
(1) parameters for which each waste will be analyzed and the
rationale for the selection of those parameters;
(2) test methods which will be used to test for those parameters;
(3) sampling methods which will be used to obtain a representative
sampling of the special waste to be analyzed;
(4) frequency with which the initial analysis of the special waste will
be reviewed or repeated to ensure that the analysis is accurate and up to
date; and
(5) procedures which will be used to inspect and, if necessary,
analyze each special waste received at the facility to ensure that it matches
the identity of the special waste designated on the accompanying
transportation record. At a minimum, the plan must describe the:
(a) procedures which will be used to determine the identity of each
special waste managed at the facility; and
(b) the sampling methods which will be used to obtain a
representative sample of the special waste to be identified, if the
identification method includes sampling.
(E) The department shall respond to the analysis plan within ninety
days of the date of its receipt by the department.
Section 44-96-400. Information requirements by the department;
disclosure of information obtained by the department.
(A) To assist in carrying out its responsibilities under this article, the
department may require:
(1) the establishment and maintenance of records;
(2) the making of reports;
(3) the taking of samples and the performing of tests or analyses; (4) the installation, calibration, use, and maintenance of monitoring
equipment; or
(5) the providing of such other information as may be reasonably
necessary to achieve the purposes of this article.
(B) Information obtained by the department pursuant to this article
shall be available to the public unless the department determines such
information to be proprietary. The department may make such
determination where the person submitting the information demonstrates to
the satisfaction of the department that the information, or parts thereof, if
made public, would divulge methods, production rates, processes, or other
confidential information entitled to protection.
Section 44-96-410. Inspections; samples.
(A) For the purpose of enforcing this article or any regulations
promulgated pursuant to this article, an authorized representative or
employee of the department may, upon presentation of appropriate
credentials, at a reasonable time:
(1) enter any facility where solid wastes are managed;
(2) inspect and copy any records, reports, information, or test results
necessary to carry out the department's responsibilities under this article; or
(3) inspect and obtain samples of any solid wastes from the owner,
operator, or agent in charge of the facility, including samples from any
vehicles in which solid wastes are being transported, as well as samples of
any containers or labels. The department shall provide a sample of equal
volume or weight to the owner, operator, or agent in charge upon request.
The department also shall provide such person with a copy of the results of
any analyses of such samples.
Section 44-96-420. Modification or revocation of orders to prevent
violations of this article.
The department may issue, modify, or revoke any order to prevent a
violation of this article.
Section 44-96-430. Hearings.
The department may hold public hearings and compel the attendance of
witnesses, conduct studies, investigations, and research with respect to the
operation and maintenance of any solid waste management facility and
issue, deny, revoke, suspend, or modify permits under such conditions as it
may prescribe for the operation of solid waste management facilities.
However, no permit shall be revoked without first providing the permit
holder with the opportunity for a hearing.
Section 44-96-440. Unlawful acts.
(A) It shall be unlawful for any person to manage solid wastes in this
State without reporting such activity to the department as required by
regulation.
(B) It shall be unlawful for any person to manage solid wastes in this
State without complying with the standards and procedures set forth in such
regulations.
(C) It shall be unlawful for any person to fail to comply with this
article and any regulations promulgated pursuant to this article, or to fail to
comply with any permit issued under this article, or to fail to comply with
any order issued by the board, commissioner, or department.
Section 44-96-450. Violations; penalties.
(A) Whenever the department finds that a person is in violation of a
permit, regulation, standard, or requirement under this article, the
department may issue an order requiring the person to comply with the
permit, regulation, standard, or requirement, or the department may bring
civil action for injunctive relief in the appropriate court, or the department
may request that the Attorney General bring civil or criminal enforcement
action under this section. The department also may impose reasonable civil
penalties established by regulation, not to exceed ten thousand dollars for
each day of violation, for violations of the provisions of this article,
including any order, permit, regulation, or standard. After exhaustion of
administrative remedies, a person against whom a civil penalty is invoked
by the department may appeal the decision of the department or board to
the court of common pleas.
(B) A person who wilfully violates any provision of this article, or a
regulation promulgated pursuant to this article, is guilty of a misdemeanor
and, upon conviction, shall be fined not more than ten thousand dollars for
each day of violation or imprisoned for not more than one year, or both. If
the conviction is for a second or subsequent offense, the punishment shall
be a fine not to exceed twenty-five thousand dollars for each day of
violation or imprisonment not to exceed two years, or both. The provisions
of this subsection shall not apply to officials and employees of a local
government owning or operating, or both, a municipal solid waste
management facility or to officials and employees of a region, comprised of
local governments, owning or operating, or both, a regional municipal solid
waste management facility.
(C) Each day of noncompliance with an order issued pursuant to this
section or noncompliance with a permit, regulation, standard, or
requirement established under this article constitutes a separate offense.
Section 44-96-460. Training of operators of solid waste management
facilities.
(A) The department shall establish qualifications for and encourage the
development of certification programs for operators of landfills,
coordinators of local recycling programs, and operators of other solid
waste management facilities.
(B) The department shall work with accredited community colleges,
vocational technical centers, state universities, and private institutions in
developing educational materials, courses of study, and other such
information to be made available for persons seeking to be certified as
operators of solid waste management facilities.
(C) Two years after this article is effective, no person may perform the
duties of an operator of a solid waste management facility unless he has
completed an operator certification course approved by the department. An
owner of a solid waste management facility may not employ any person to
perform the duties of an operator unless such person has completed an
approved solid waste management facility operator certification course.
(D) The department shall adopt regulations to carry out the provisions
of this section. The department may establish by rule classifications for
operators to cover the need for differing levels of certification required to
operate various types of solid waste management facilities due to different
operating requirements at such facilities.
(E) For purposes of this section, the term `operator' means any person,
including the owner, who is principally engaged in, or is in charge of, the
actual operation, supervision, and maintenance of a solid waste
management facility and includes the person in charge of a shift or period
during any part of the day.
Section 44-96-470. Facility issues negotiation process.
(A) Upon the submission of any permit application to the department
for any municipal solid waste disposal facility, the permit applicant shall
within fifteen days of the date of submission of the application publicize
the submission by public notice and in writing as follows:
(1) if the application is for a facility serving no more than one county,
the public notice shall be published in a newspaper of general circulation
serving the host county, and each local government in the county shall be
notified further in writing of the permit application;
(2) if the application is for a facility serving more than one county,
the public notice shall be published in a newspaper of general circulation
serving each affected county, and each local government within such
counties shall be further notified in writing of the permit application;
(3) the public notice shall be prominently displayed in the courthouse
of each notified county; and
(4) the initial public notice and all other public notices required under
this section shall, at a minimum, contain:
(a) the name and address of the applicant;
(b) the nature of the proposed facility;
(c) a description of the proposed site;
(d) a locational map showing the proposed site; and
(e) such other information as is necessary to fully inform the public
to be determined by regulations to be promulgated by the department.
(B) The department shall review the application and supporting data,
make a determination as to the suitability or unsuitability of the proposed
site for the intended purpose, and notify, in writing, the applicant, the host
local government, if different from the applicant, and any other person who
has made a written request for notification to the department of its
determination.
(C) Upon receipt from the department of notice that the proposed site
is suitable for the intended purpose, the applicant shall within fifteen days
of receipt of such notification publicize the fact by public notice as outlined
in items (1), (2), (3), and (4) of subsection (A). Further, within forty-five
days of receipt of such notification from the department, the host local
government for the proposed site, as outlined in items (1), (2), (3), and (4)
of subsection (A), shall advertise and hold a public meeting to inform
affected residents and landowners in the area of the proposed site and of the
opportunity to engage in a facility issues negotiation process.
(D) Following notification of the applicant of the proposed site's
suitability, the department shall continue to review the applicant's permit
application, but the department shall not take any action with respect to
permit issuance or denial until such time as the local notification and
negotiation processes described in this section have been exhausted.
(E) The department shall not be a party to the negotiation process
described in this section, nor shall technical environmental issues which are
required by law and by regulation to be addressed in the permitting process
be considered negotiable items by parties to the negotiation process.
(F) Within thirty days following a public meeting held in accordance
with subsection (C), a facility issues negotiation process shall be initiated
by the host local government upon receipt of a written petition by at least
twenty-five affected persons, at least twenty of whom shall be registered
voters of or landowners in the host jurisdiction. Multiple petitions may be
consolidated into a single negotiating process. For the purposes of this
subsection, the term `affected person' means a registered voter of the host
local government or of a county contiguous to such host local government
or a landowner within the jurisdiction of the host local government. To be
valid, signatures shall be accompanied by the following information:
(1) for a registered voter: home address and voter registration
number; and
(2) for a landowner: home or business address and the county in
which the property lies, together with its tax map number.
(G) Within fifteen days following receipt of such written petition, the
host local government shall validate the petition to ensure that the
petitioners meet the requirements of this section.
(H) Within fifteen days following the validation of the written petition,
the host local government shall:
(1) set a date, time, and location for a petitioner's meeting to choose
a citizens' facility issues committee and a date, time, and location for a
meeting with the citizens' facility issues committee, the host local
government, and the permit applicant not later than thirty days following
validation of such written petition to negotiate;
(2) notify the petitioners by publication as provided in items (1), (2),
(3), and (4) of subsection (A) that the facility issues negotiation process is
being initiated and the date, time, and location of the first negotiation
meeting; and
(3) notify the permit applicant, if different from the host local
government, and the department that the facility issues negotiation process
is being initiated and the date, time, and location of the first negotiation
meeting.
(I) The host local government shall organize the petitioners meeting.
The majority of the petitioning persons in attendance shall select up to ten
members, at least eighty percent of whom shall be registered voters or
landowners in the host local government, to serve on a citizens' facility
issues committee to represent the petitioning persons in the negotiation
process. The membership of the citizens' facility issues committee shall be
chosen within fifteen days following the validation of such written petition
pursuant to this section.
(J) The negotiation process shall be overseen by a facilitator named by
the host local government, after consultation with the citizens' facility
issues committee, from a list provided by the department. The function of
the facilitator shall be to assist the petitioners, the host local government,
and the permit applicant, if different from the host local government,
through the negotiation process. The cost, if any, of the facilitator shall be
borne by the permit applicant.
(K) Beginning with the date of the first negotiation meeting called in
accordance with subsection (H), there shall be no fewer than three
negotiation meetings within forty-five days unless waived by consent of the
applicant and a majority of the facility issues committee. Such negotiation
meetings shall be presided over by the facilitator named in subsection (J)
and shall be for the purpose of assisting the petitioners, the host local
government, and the permit applicant, if different from the host local
government, to engage in nonbinding negotiation.
(L) Minutes of each meeting and a record of the negotiation process
shall be kept by the host local government.
(M) All issues except those which apply to environmental permit
conditions are negotiable. Environmental permit conditions are not
negotiable. Issues which may be negotiated include, but are not limited to:
(1) operational issues, such as hours of operation;
(2) recycling efforts that may be implemented;
(3) protection of property values;
(4) traffic routing and road maintenance; and
(5) establishment of local advisory committees.
(N) At the end of the forty-five-day period following the first
negotiation meeting, the facilitator shall publish a notice of the results, if
any, of the negotiation process in the same manner as provided in items (1),
(2), (3), and (4) of subsection (A) and shall include the date, time, and place
as determined by the facilitator of a public meeting, to be held within ten
days after publication, with the permit applicant, host local government,
and facility issues committee, at which the input of persons not represented
by the citizens' facility issues committee may be received.
(O) The negotiated concessions reached by agreement of all the
negotiating parties shall be reduced to writing and executed by the
chairman of the citizens' facility issues committee and the chief elected
official of the host local government and must be certified by resolution of
the host local government.
(P) If the negotiating parties fail to reach consensus on an issue, the
permit applicant may proceed to seek a permit from the department. The
facilitator shall notify the department in writing that the negotiating parties
have failed to reach consensus and the nature of the disputed issues.
(Q) If the negotiating parties reach consensus on negotiated issues, the
permit applicant may proceed to seek a permit from the department. The
facilitator shall notify the department in writing that the negotiating parties
have reached consensus.
(R) Negotiated concessions shall not be construed as environmental
permit conditions. However, they may be enforced by any negotiating party
in a civil proceeding.
(S) Upon receipt of a written notification from the facilitator that the
parties to negotiation have reached consensus or have failed to reach
consensus on negotiated issues, and upon written notification from the
permit applicant that he wishes to pursue permitting of the solid waste
disposal facility for which an application has been filed, the department
shall proceed to process the permit."
Increased penalties for litter violations
SECTION 2. Section 16-11-700 of the 1976 Code, as last amended by Act
530 of 1988, is further amended to read:
"Section 16-11-700. (A) No person may dump, throw, drop,
deposit, discard, or otherwise dispose of litter or other solid waste as
defined by Section 44-96-30(46) upon any public or private property or
waters in the State whether from a vehicle or otherwise, including, but not
limited to, a public highway, public park, beach, campground, forest land,
recreational area, trailer park, highway, road, street, or alley except:
(1) when the property is designated by the State for the disposal of
litter and other solid waste and the person is authorized to use the property
for that purpose;
(2) into a litter receptacle in a manner that the litter is prevented from
being carried away or deposited by the elements upon a part of the private
or public property or waters.
(B) Responsibility for the removal of litter from property or receptacles
is upon the owner of the property or upon the owner of the property where
the receptacle is located.
(C)(1) A person who violates the provisions of this section in an
amount less than fifteen pounds in weight or twenty-seven cubic feet in
volume is guilty of a misdemeanor and, upon conviction, must be fined not
less than one hundred dollars nor more than two hundred dollars or
imprisoned for not more than thirty days for each offense. In addition to a
fine and for each offense under the provisions of this item, the court shall
also impose a minimum of five hours of litter-gathering labor or other form
of public service as the court may order because of physical or other
incapacities, and which is under the supervision of the court.
(2) The fine for a deposit of a collection of litter or garbage in an area
or facility not intended for public deposit of litter or garbage is two hundred
dollars. The provisions of this item apply to a deposit of litter or garbage,
as defined in Section 44-67-30(4), in an area or facility not intended for
public deposit of litter or garbage, but this does not prohibit a private
property owner from depositing litter or garbage as a property enhancement
if the depositing does not violate applicable local or state health and safety
regulations. In addition to a fine and for each offense under the provisions
of this item the court shall also impose a minimum of five hours of
litter-gathering labor or other form of public service as the court may order
because of physical or other incapacities, and which is under the
supervision of the court.
(3) The court, in lieu of payment of the monetary fine imposed for a
violation of this section, may direct the substitution of additional
litter-gathering labor or other form of public service as it may order because
of physical or other incapacities, under the supervision of the court, not to
exceed one hour for each five dollars of fine imposed.
(4) For a second and subsequent convictions under the provisions of
items (1) or (2) of this subsection, a minimum of twenty hours of
community service must be imposed in addition to a fine.
(5) In addition to any other punishment authorized by this section, in
the discretion of the court in which conviction is obtained, the person may
be directed by the judge to pick up and remove from any public place or
any private property, with prior permission of the legal owner upon which
it is established by competent evidence that the person has deposited litter,
all litter deposited on the place or property by anyone before the date of
execution of sentence.
(6) Magistrates' and municipal courts have jurisdiction to try
violations of subsections (A), (B), (C), and (D) of this section.
(D) Any person who violates the provisions of this section in an
amount exceeding fifteen pounds in weight or twenty-seven cubic feet in
volume, but not exceeding five hundred pounds or one hundred cubic feet,
is guilty of a misdemeanor and, upon conviction, must be fined not less
than two hundred dollars nor more than five hundred dollars or imprisoned
for not more than ninety days. In addition, the court shall require the
violator to pick up litter or perform other community service commensurate
with the offense committed.
(E) (1) Any person who violates the provisions of this section in an
amount exceeding five hundred pounds in weight or one hundred cubic feet
in volume is guilty of a felony and, upon conviction, must be fined not less
than five hundred dollars nor more than one thousand dollars, or
imprisoned not more than one year, or both. In addition, the court may
order the violator to:
(a) remove or render harmless the litter that he dumped in violation
of this subsection;
(b) repair or restore property damaged by, or pay damages for
damage arising out of, his dumping litter in violation of this subsection; or
(c) perform community public service relating to the removal of
litter dumped in violation of this subsection or relating to the restoration of
an area polluted by litter dumped in violation of this subsection.
(2) A court may enjoin a violation of this subsection.
(3) A motor vehicle, vessel, aircraft, container, crane, winch, or
machine involved in the disposal of more than five hundred pounds in
weight or more than one hundred cubic feet in volume of litter in violation
of this subsection is declared contraband and is subject to seizure and
summary forfeiture to the State.
(4) If a person sustains damages arising out of a violation of this
subsection that is punishable as a felony, a court, in a civil action for such
damages, shall order the person to pay the injured party threefold the actual
damages or two hundred dollars, whichever amount is greater. In addition,
the court shall order the person to pay the injured party's court costs and
attorney's fees.
(5) No part of a fine imposed pursuant to this section may be
suspended.
(6) In addition to the fines provided for in subsections (C), (D), and
(E) of this section, a fee of twenty-five dollars is assessed to all persons
convicted or pleading guilty or nolo contendere for violating the provisions
of this section. This fee goes to the general fund of the municipality, or if
the violation occurred within an unincorporated area of the county, the fee
goes to the general fund of the county and must be used to defray the cost
of supervising those persons who have been ordered to do public service
pursuant to the provisions of this section."
Existing regulations remain in effect
SECTION 3. All rules, regulations, standards, orders, or other actions of
the department in effect on the date of enactment of this act, not
inconsistent with this act, shall remain in effect unless specifically changed
or voided by the Board of Health and Environmental Control or changed by
statute.
Alternative financing intended
SECTION 4. To ensure the public purpose of comprehensive management
of solid waste, it is the purpose and intent of the General Assembly that
alternative financing be provided for the implementation of this act, in
addition to the financing provided in this act. Nothing in this act shall be
construed to limit local governments or regions from availing themselves of
any methods of financing provided by law including, but not limited to, the
provisions of Chapters 16 and 21 of Title 6 to meet the present and future
solid waste disposal needs of the people of this State.
Public Service Commission and Joint Legislative Committee on Energy
to review use of solid waste to produce electricity
SECTION 5. The General Assembly finds that the combustion of refuse by
solid waste management facilities to supplement the electricity supply is in
some cases an effective energy conservation method and may be an
environmentally preferred alternative to conventional solid waste disposal.
Therefore, the South Carolina Public Service Commission and the Joint
Legislative Committee on Energy are directed to review alternatives which
will encourage the development of solid waste management facilities that
use solid waste as a primary source of fuel for the production of electricity.
The Public Service Commission and the Joint Legislative Committee on
Energy must review alternatives in addition to those existing under Section
210 of the Public Utility Regulatory Policies Act of 1978. Within twelve
months after the effective date of this act, the Public Service Commission
and the Joint Legislative Committee on Energy shall make a joint report on
the alternatives explored and the advantages and disadvantages of each
alternative. The report must be made to the Governor and the General
Assembly. Agencies of the State of South Carolina are directed to assist
and work with the Public Service Commission and the Joint Legislative
Committee on Energy in their review of alternatives which would be, in
whole or in part, within the jurisdiction, management, control, supervision,
or administration of the agency.
Analysis lines
SECTION 6. Analysis lines following each code section in this bill are for
informational purposes only and are not part of the Code itself.
Time effective
SECTION 7. This act takes effect upon approval by the Governor.
Approved the 27th day of May, 1991. |