H*3169(Rat #0729, Act #0590 of 1990)  General Bill, By M. McLeod, J.M. Baxley, 
L. Blanding, G.A. Brown, Harvin and J.T. McElveen
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 44-56-59 so as to make findings and declarations by the General Assembly with
 respect to the disposal of hazardous waste in this State and to amend Section
 44-56-60, as amended, relating to the requirement for obtaining and issuing
 permits for hazardous waste treatment, storage, or disposal, so as to require
 the Department of Health and Environmental Control to evaluate annually
 technologies and methods to reduce the volume of hazardous waste and report
 its results to the General Assembly before the first day of February beginning
 in 1991, and to reduce over two years the amount of hazardous waste that may
 be disposed of annually by burial from one hundred thirty-five thousand tons
 to one hundred ten thousand tons, to authorize the Commissioner of the
 Department of Health and Environmental Control to allow land disposal in
 excess of the annual limit upon the appropriate certification, to require the
 operator of a hazardous waste disposal facility or site to reserve annually
 capacity to dispose of South Carolina generated hazardous waste at least equal
 to the in-state waste disposed of at that site or facility in the previous
 year, and to provide exceptions, and to prohibit the burial in a twelve-month
 period in this State of more out-of-state generated hazardous waste than was
 buried in the previous twelve months.-amended title

   01/12/89  House  Introduced and read first time HJ-9
   01/12/89  House  Referred to Committee on Agriculture and Natural
                     Resources HJ-10
   02/07/90  House  Committee report: Favorable with amendment
                     Agriculture and Natural Resources HJ-5
   02/15/90  House  Amended HJ-29
   02/15/90  House  Objection by Rep. Carnell, Davenport & Waldrop HJ-4
   02/22/90  House  Objection withdrawn by Rep. Carnell & Waldrop HJ-18
   02/22/90  House  Read second time HJ-55
   02/27/90  House  Read third time and sent to Senate HJ-14
   02/28/90  Senate Introduced and read first time SJ-10
   02/28/90  Senate Referred to Committee on Agriculture and Natural
                     Resources SJ-10
   03/27/90  Senate Committee report: Favorable with amendment
                     Agriculture and Natural Resources SJ-17
   04/05/90  Senate Amended SJ-33
   04/05/90  Senate Read second time SJ-36
   04/05/90  Senate Unanimous consent for third reading on next
                     legislative day SJ-36
   04/06/90  Senate Read third time and returned to House with
                     amendments SJ-3
   04/11/90  House  Debate interrupted HJ-43
   04/12/90  House  Debate adjourned on Senate amendments until
                     Tuesday, April 17, 1990 HJ-207
   04/19/90  House  Non-concurrence in Senate amendment HJ-48
   05/01/90  Senate Senate insists upon amendment and conference
                     committee appointed Sens. Land, V. Smith and
                     Hinds SJ-37
   05/02/90  House  Conference committee appointed Hallman, McElveen
                     & McEachin HJ-2
   05/30/90  Senate Free conference powers granted SJ-40
   05/30/90  Senate Free conference committee appointed Sens. Verne
                     Smith, Hinds, Land SJ-40
   05/30/90  Senate Free conference report received and adopted SJ-41
   06/04/90  House  Free conference powers granted HJ-39
   06/04/90  House  Free conference committee appointed Hallman,
                     McElveen & McEachin HJ-41
   06/04/90  House  Free conference report received and adopted HJ-41
   06/04/90  House  Ordered enrolled for ratification HJ-45
   06/07/90         Ratified R 729
   06/13/90         Signed By Governor
   06/13/90         Effective date 06/13/90
   06/13/90         Act No. 590
   07/06/90         Copies available

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-56-59 SO AS TO MAKE FINDINGS AND DECLARATIONS BY THE GENERAL ASSEMBLY WITH RESPECT TO THE DISPOSAL OF HAZARDOUS WASTE IN THIS STATE; AND TO AMEND SECTION 44-56-60, AS AMENDED, RELATING TO THE REQUIREMENT FOR OBTAINING AND ISSUING PERMITS FOR HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL, SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO EVALUATE ANNUALLY TECHNOLOGIES AND METHODS TO REDUCE THE VOLUME OF HAZARDOUS WASTE AND REPORT ITS RESULTS TO THE GENERAL ASSEMBLY BEFORE THE FIRST DAY OF FEBRUARY BEGINNING IN 1991, AND TO REDUCE OVER TWO YEARS THE AMOUNT OF HAZARDOUS WASTE THAT MAY BE DISPOSED OF ANNUALLY BY BURIAL FROM ONE HUNDRED THIRTY-FIVE THOUSAND TONS TO ONE HUNDRED TEN THOUSAND TONS, TO AUTHORIZE THE COMMISSIONER OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ALLOW LAND DISPOSAL IN EXCESS OF THE ANNUAL LIMIT UPON THE APPROPRIATE CERTIFICATION, TO REQUIRE THE OPERATOR OF A HAZARDOUS WASTE DISPOSAL FACILITY OR SITE TO RESERVE ANNUALLY CAPACITY TO DISPOSE OF SOUTH CAROLINA GENERATED HAZARDOUS WASTE AT LEAST EQUAL TO THE IN-STATE WASTE DISPOSED OF AT THAT SITE OR FACILITY IN THE PREVIOUS YEAR, AND TO PROVIDE EXCEPTIONS, AND TO PROHIBIT THE BURIAL IN A TWELVE-MONTH PERIOD IN THIS STATE OF MORE OUT-OF-STATE GENERATED HAZARDOUS WASTE THAN WAS BURIED IN THE PREVIOUS TWELVE MONTHS.

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

Findings

SECTION 1. Chapter 56, Title 44 of the 1976 Code is amended by adding:

"Section 44-56-59. (A) The General Assembly finds:

(1) The existing commercial land disposal facility in South Carolina and available capacity in this State generally are limited resources;

(2) It is essential that the limited waste treatment and disposal capacity of the existing commercial facility and the State in general be preserved, ready and available to ensure that the needs of South Carolina are met first;

(3) The existing commercial land disposal facility as well as other hazardous waste treatment and disposal facilities must give preference to hazardous waste generators within the State for treatment and disposal of hazardous materials at licensed facilities in the State;

(4) The General Assembly and the Executive Branch have mandated restrictions on the importation of out-of-state wastes and on the capacity of existing hazardous waste landfills; and

(5) Reducing the amount of hazardous waste shipped to South Carolina commercial facilities will send a message to all states that South Carolina intends to reduce to the greatest extent possible the amount of hazardous waste treated and disposed of in this State.

(B) Based upon these findings, the General Assembly declares that:

(1) Landfilling is the least desirable method of managing hazardous waste and, in order to reduce potential risks to human health and the environment, reliance on landfilling must be reduced or eliminated when alternative disposal methods which are technologically and economically feasible are reasonably available within the State, through regional agreements between states, or through other means; and

(2) As this State reduces its reliance on landfilling through its waste minimization practices and other means, the amount of hazardous waste being shipped into this State for landfilling from locations outside of the State should be reduced and eliminated also."

Hazardous waste

SECTION 2. Section 44-56-60(a) of the 1976 Code is amended to read:

"(a) (1) In order to provide the General Assembly with the information it needs to accomplish the above goals, the Department of Health and Environmental Control shall evaluate annually the effects of new and existing waste management technologies, alternate methods of storage or disposal, recycling, incineration, waste minimization laws and practices, and other factors that tend to reduce the volume of hazardous waste. The results of the department's evaluation must be reported to the General Assembly not later than February first of each year, beginning in 1991, in a form that will permit the General Assembly to determine whether or not hazardous waste landfill capacity in this State should be reduced.

(2) No person may construct, substantially alter, or operate a hazardous waste treatment, storage, or disposal facility or site, nor may a person transport, store, treat, or dispose of hazardous waste without first obtaining a permit from the department for the facility, site, or activity. Beginning July 1, 1990, permitted hazardous waste disposal sites are restricted to a rate of land disposal by burial not to exceed one hundred twenty thousand tons of hazardous waste for the twelve-month period ending July 1, 1991. On July 1, 1991, permitted hazardous waste disposal sites are restricted to a rate of land disposal by burial not to exceed one hundred ten thousand tons of hazardous waste for each twelve-month period thereafter within the permitted area of the site.

(3) During a twelve-month period, the commissioner may allow land disposal by burial in excess of the limitation upon certification of the department that:

(A) disposal by land burial from a particular site in South Carolina is necessary to protect the health and safety of the people of this State; or

(B) at least one hundred ten thousand tons of hazardous waste disposed of by land burial in this State during the twelve-month period was generated in South Carolina.

During each twelve-month period, a person operating a hazardous waste disposal facility or site shall reserve at least the same capacity to dispose of hazardous waste generated in South Carolina that was disposed of by burial at that facility or site during the previous year excluding capacity that was used to dispose of hazardous waste pursuant to subitem (A). No more hazardous waste from out of state shall be buried in South Carolina than was buried in the previous twelve-month period.

Certification must be issued to the party seeking to use land disposal of the waste, and the certification must be presented to the operator of the facility at the time of disposal. The facility shall submit this certification with its regular report to the department of permitted activity at the disposal site."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 13th day of June, 1990.