Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Eternal God, the Refuge of every age and our Strength in this present hour, make Yourself known to us as we lift our prayer to You. Help us realize anew our constant need of Your guidance and help. Keep us constantly aware of Your continuous presence, and that with You as our Companion we are made ready for our tasks and equal to the demands made upon us. May these entrusted in Legislative processes be made wise with Your wisdom, strong in Your truths, and faithful in following Your way. Help us to accept our limitations without bitterness, to accept what cannot be changed with understanding, and to enjoy our successes with gratitude.
To You be the praise now and forevermore. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received.
Document No. 1191
Promulgated By Real Estate Commission
Application Fees, Licenses and License Fees
Referred to House Committee on Labor, Commerce and Industry
Withdrawn and Resubmitted May 15, 1990
Revised expiration date June 7, 1990
The following was received.
Columbia, S.C., May 15, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1511:
S. 1511 -- Senator Nell W. Smith: A BILL TO AMEND SECTION 20-7-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EMERGENCY PROTECTIVE CUSTODY OF A CHILD, SO AS TO REVISE THE DESIGNATION OF THE PROVISIONS OF THE SECTION AND TO PROVIDE FOR CUSTODY WHEN THE CHILD'S PARENT OR PARENTS HAVE BEEN ARRESTED.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4960 -- Reps. Neilson, Littlejohn, G. Brown, Wells, Holt, J. Bailey, Winstead, Waldrop, McKay, McGinnis, Beasley and Vaughn: A BILL TO AMEND TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICES AND EMPLOYEES BY ADDING CHAPTER 16 SO AS TO AUTHORIZE CERTAIN DRUG AND ALCOHOL TESTING OF PROSPECTIVE STATE EMPLOYEES.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, and Rep. LIMEHOUSE, for the minority, submitted an unfavorable report, on:
H. 4273 -- Rep. Kirsh: A BILL TO AMEND SECTION 40-11-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FINANCIAL STATEMENT REQUIRED TO LICENSE A CONTRACTOR, SO AS TO REQUIRE AN AFFIDAVIT OF FINANCIAL CONDITION INSTEAD OF A FINANCIAL STATEMENT.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 793 -- Senator Hinds: A BILL TO AMEND SECTION 58-23-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS FROM THE PROVISIONS GOVERNING MOTOR VEHICLE CARRIERS, SO AS TO DELETE THE EXCEPTION OF TRANSPORTING PASSENGERS WITHIN A DISTANCE OF FIVE MILES FROM THE LIMITS OF A MUNICIPALITY.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4980 -- Reps. Moss and L. Martin: A BILL TO AMEND SECTION 38-73-495, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE CHIEF INSURANCE COMMISSIONER TO DISAPPROVE A PREVIOUSLY APPROVED RATE FOR A CLASSIFICATION OF WORKERS' COMPENSATION INSURANCE AND OTHER MATTERS RELATING TO WORKERS' COMPENSATION, SO AS TO AUTHORIZE THE COMMISSIONER TO DISAPPROVE AN EXPERIENCE MODIFICATION RATE UPON A FINDING THAT IT IS EXCESSIVE, INADEQUATE, OR UNFAIRLY DISCRIMINATORY.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4945 -- Rep. Winstead: A BILL TO AMEND SECTION 16-14-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE FINANCIAL TRANSACTION CARD CRIME ACT, SO AS TO DEFINE "ACQUIRER"; AND TO AMEND SECTION 16-14-60, RELATING TO FINANCIAL TRANSACTION CARD FRAUD, SO AS TO MAKE IT ILLEGAL FOR A PERSON TO FRAUDULENTLY REPRESENT TO AN ACQUIRER THAT HE HAS AUTHORIZATION TO USE A CREDIT CARD ACCOUNT NUMBER FOR THE PURPOSE OF RECEIVING MONEY, GOODS, SERVICES, OR ANYTHING ELSE OF VALUE, AND TO PROVIDE PENALTIES FOR VIOLATION.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 698 -- Senators Saleeby, J. Verne Smith, Horace C. Smith, Stilwell, Macaulay and Mullinax: A BILL TO AMEND SECTION 40-59-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF RESIDENTIAL HOME BUILDERS, SO AS TO REDESIGNATE THE TERM "RESIDENTIAL HOME BUILDER" TO "RESIDENTIAL BUILDER" AND FURTHER PROVIDE FOR THE DEFINITION OF A RESIDENTIAL BUILDER; TO AMEND THE 1976 CODE BY ADDING SECTION 40-59-15 SO AS TO DEFINE THE TERM "RESIDENTIAL SPECIALTY CONTRACTOR"; TO AMEND SECTION 40-59-70, RELATING TO LICENSES REQUIRED OF RESIDENTIAL BUILDERS, SO AS TO PROVIDE FOR THE LICENSING OF RESIDENTIAL SPECIALTY CONTRACTORS, TO REVISE THE LICENSING PROCEDURE AND TO DELETE CERTAIN LICENSING EXCEPTIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 40-59-75 SO AS TO PROVIDE THAT THE RESIDENTIAL BUILDERS COMMISSION MUST BY REGULATION CLASSIFY AND DEFINE THE SCOPE OF OPERATIONS OF RESIDENTIAL SPECIALTY CONTRACTORS; TO AMEND SECTION 40-59-80, RELATING TO APPLICATIONS FOR AND THE ISSUANCE OF LICENSES, SO AS TO FURTHER PROVIDE FOR THE APPLICATION AND LICENSING PROCEDURES; TO AMEND SECTION 40-59-90, RELATING TO REVOCATION AND REISSUANCE OF LICENSES SO AS TO REVISE THIS REVOCATION AND REISSUANCE PROCEDURE; TO AMEND THE 1976 CODE BY ADDING SECTION 40-59-95 SO AS TO AUTHORIZE CERTAIN LEGAL PROCEDURES AGAINST PERSONS VIOLATING THE PROVISIONS OF THIS ACT AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 40-59-100, RELATING TO ROSTER OF LICENSES, SECTION 40-59-110, RELATING TO THE ANNUAL REPORT OF THE COMMISSION, SECTION 40-59-120, RELATING TO REGULATIONS OF THE COMMISSION, SECTION 40-59-130, RELATING TO PENALTIES FOR VIOLATIONS, AND SECTION 40-59-160, RELATING TO DUTIES OF BUILDING OFFICIALS, SO AS TO INCLUDE RESIDENTIAL SPECIALTY CONTRACTORS IN THESE PROVISIONS; TO AMEND SECTION 40-59-140, RELATING TO THE EXEMPTION OF GENERAL CONTRACTORS, SO AS TO ALSO EXEMPT MECHANICAL CONTRACTORS WHEN ENGAGED IN CONTRACTING IN THE CLASSIFICATION IN WHICH THEY ARE LICENSED TO PERFORM MECHANICAL CONTRACTING, AND TO PROVIDE FOR THE EXEMPTION FROM LICENSING OF CERTAIN PERSONS ENGAGED IN RESIDENTIAL SPECIALTY CONTRACTING ON OR BEFORE JULY 1, 1989, AND TO AUTHORIZE THE COMMISSION TO CLASSIFY OR RECLASSIFY LICENSES IN EXISTENCE ON THE EFFECTIVE DATE OF THIS ACT.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 1392 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE REAL ESTATE COMMISSION, RELATING TO APPLICATION FEES AND LICENSES AND LICENSE FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1191, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, and Rep. MAPPUS, for the minority, submitted an unfavorable report, on:
S. 1314 -- Senator Williams: A BILL TO AMEND SECTION 35-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE UNIFORM SECURITIES ACT, SO AS TO DEFINE THE TERM "INVESTMENT ADVISER REPRESENTATIVE", TO AMEND SECTION 35-1-310, RELATING TO EXEMPT SECURITIES, SO AS TO FURTHER PROVIDE FOR CERTAIN SECURITIES WHICH ARE EXEMPT, TO AMEND SECTIONS 35-1-420, 35-1-440, 35-1-510, 35-1-520, 35-1-550, 35-1-560, 35-1-570, AND 35-1-580 OF THE 1976 CODE, RELATING TO THE REGISTRATION OF BROKER-DEALERS, AGENTS, INVESTMENT ADVISERS, AND CERTAIN PROCEDURES FOR AND REQUIREMENTS OF REGISTRATION, SO AS TO FURTHER PROVIDE FOR THESE REGISTRATION REQUIREMENTS AND FOR THE REGISTRATION OF INVESTMENT ADVISER REPRESENTATIVES, AND TO AMEND SECTION 35-1-480, RELATING TO REGISTRATION FEES, SECTION 35-1-900, RELATING TO FILING FEES FOR REGISTRATION STATEMENTS, AND SECTION 35-1-980, RELATING TO AMENDED REGISTRATION STATEMENTS AND THE FILING FEES FOR THE AMENDED STATEMENTS, SO AS TO REVISE THESE FEES.
Ordered for consideration tomorrow.
The following was introduced:
H. 5119 -- Reps. T.M. Burriss, J. Brown, M.D. Burriss, Corning, Faber, Harrison, McBride, Quinn, T. Rogers, Taylor and Waites: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. GRADY WALLACE OF COLUMBIA IN RICHLAND COUNTY FOR THIRTY YEARS' DISTINGUISHED SERVICE WITH THE PAROLE AND PARDON SYSTEM UPON THE OCCASION OF HIS RETIREMENT AND WISHING HIM HAPPINESS AND GOOD HEALTH IN HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5120 -- Reps. Glover, Nettles, McEachin, McKay, Kinon and Harwell: A CONCURRENT RESOLUTION TO CONGRATULATE DR. WALTER DOUGLAS SMITH OF FLORENCE UPON RECEIVING THE "OUTSTANDING OLDER SOUTH CAROLINIAN OF THE YEAR" AWARD BY THE SOUTH CAROLINA COMMISSION ON AGING.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5121 -- Rep. Harvin: A CONCURRENT RESOLUTION EXTENDING CONGRATULATIONS AND BEST WISHES, ON BEHALF OF THE PEOPLE OF THE STATE OF SOUTH CAROLINA, TO THE HONORABLE LEE TENG-HUI AND THE HONORABLE LI YUAN-ZU UPON THEIR UPCOMING INAUGURATION AS PRESIDENT AND VICE PRESIDENT, RESPECTIVELY, OF THE REPUBLIC OF CHINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1600 -- Senator Setzler: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF BARON B. SHUMPERT OF LEXINGTON COUNTY AND EXTENDING HEARTFELT SYMPATHY TO HIS FAMILY AND HIS FRIENDS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 5122 -- Rep. Washington: A BILL TO AMEND SECTION 7-7-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PLACES IN CHARLESTON COUNTY SO AS TO CHANGE THE VOTING PLACE FOR HOLLYWOOD PRECINCT FROM THE FIRE STATION TO THE TOWN HALL.
On motion of Rep. WASHINGTON, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Bruce Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Corbett Cork Davenport Derrick Elliott Faber Fair Fant Farr Felder Foster Gentry Glover Gordon Gregory Hallman Harris, J. Harris, P. Harrison Harwell Haskins Hayes Hendricks Hodges Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kinon Kirsh Klapman Kohn Koon Lanford Limehouse Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Snow Stoddard Sturkie Taylor Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkes Wilkins Williams, D. Williams, J. Winstead Wofford Wright
I came in after the roll call and was present for the Session on May 16, 1990.
Robert A. Barber Roland S. Corning Joseph T. McElveen
STATEMENTS OF ATTENDANCE
Rep. ALEX HARVIN, III signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, May 9.
Rep. ELLIOTT signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, May 15.
Announcement was made that Dr. Michael Holmes of Kingstree is the Doctor of the Day for the General Assembly.
The following Bill and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
H. 5099 -- Rep. Baker: A BILL TO AMEND ACT 1182 OF 1968, RELATING TO THE DUNKLIN FIRE DISTRICT IN GREENVILLE COUNTY, SO AS TO INCREASE THE AUTHORIZED INDEBTEDNESS FROM TWENTY FIVE THOUSAND TO ONE HUNDRED FIFTY THOUSAND DOLLARS.
H. 5073 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO UNIFORM CLASSIFICATION AND TERRITORIAL PLANS - AUTOMOBILE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1258, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. COOPER moved to adjourn debate upon the following Bill until Thursday, May 17, which was adopted.
H. 5083 -- Reps. P. Harris, T.C. Alexander, Cooper, McLellan and Tucker: A BILL TO AMEND ACT 510 OF 1982, AS AMENDED, RELATING TO THE ANDERSON COUNTY BOARD OF EDUCATION, SO AS TO REVISE THE AREAS FROM WHICH THE BOARD MEMBERS ARE ELECTED; AND TO AMEND SECTION 2 OF ACT 270 OF 1989, RELATING TO THE EXPIRATION OF THE TERMS OF THE CURRENT MEMBERS OF THE BOARD AND PROVISIONS FOR THE INITIAL TERMS OF THE NEW BOARD TO BE ELECTED IN 1990, SO AS TO DELETE THE REFERENCE TO AN AT-LARGE ELECTION.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 1549 -- Senator Matthews: A BILL TO AUTHORIZE SCHOOL DISTRICTS 3 AND 8 OF ORANGEBURG COUNTY TO CHARGE AND COLLECT INCIDENTAL FEES FROM PUPILS AND TO PROVIDE A WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS.
S. 1578 -- Senator Long: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF OCEAN VIEW MEMORIAL FOUNDATION, INC., IN HORRY COUNTY AND TO REPEAL AN ACT OF 1990 WHICH RESTORED THE CHARTER OF OCEAN VIEW FOUNDATION, INC.
The following Bill was taken up.
H. 4677 -- Reps. Gregory, Kirsh, Short, Fair, J. Brown, McLellan, Wilkins and Klapman: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA CEMETERY BOARD FOR SIX YEARS AND TO AMEND SECTIONS 39-55-55, 39-55-95, 39-55-125, AND 39-55-185, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CEMETERIES, SO AS TO DELETE THE PROVISION THAT TWO MEMBERS OF THE SOUTH CAROLINA CEMETERY BOARD MUST BE NOMINATED BY THE SOUTH CAROLINA CEMETERY ASSOCIATION AND TO PROVIDE THAT NOMINATIONS MAY BE RECEIVED FROM ANY INDIVIDUAL, GROUP, OR ASSOCIATION, TO REQUIRE A CEMETERY GENERAL MANAGER TO HAVE ONE YEAR'S EXPERIENCE INSTEAD OF TWO YEARS' EXPERIENCE, TO PROVIDE FOR REGULATIONS TO REGULATE MERCHANDISE OR MONUMENTS INSTALLED IN A CEMETERY, TO REGULATE THE PLACEMENT OF MONUMENTS OR MARKERS, TO REGULATE FEES, TO REQUIRE INSURANCE ON INSTALLERS OF MONUMENTS OR MARKERS, AND TO REQUIRE FINANCIAL REPORTS TO BE SIGNED BY A LICENSED ACCOUNTANT.
The motion of Rep. BARFIELD to reconsider the vote whereby the Bill was given a second reading was taken up.
Rep. BARFIELD spoke in favor of the motion to reconsider.
Rep. WASHINGTON moved to table the motion to reconsider, which was agreed to.
The Bill was read the third time and ordered sent to the Senate.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 1411 -- Senator Williams: A BILL TO AMEND TITLE 1, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 SO AS TO CREATE THE SOUTH CAROLINA COMMISSION ON PROSECUTION COORDINATION, PROVIDE FOR ITS COMPOSITION AND THE TERMS OF THE MEMBERS, PROVIDE FOR THE FILLING OF VACANCIES, PROVIDE FOR ITS DUTIES, AND AUTHORIZE THE COMMISSION TO APPOINT AN EXECUTIVE DIRECTOR.
The following Bill was taken up.
H. 4987 -- Rep. Corning: A BILL TO AUTHORIZE A SHERIFF TO EMPLOY A DEPUTY AND PAY HIS COMPENSATION FROM FUNDS RECEIVED FROM A RESIDENTIAL HOMEOWNER'S ASSOCIATION, AND TO PROVIDE FOR THE PATROL DUTIES OF THE DEPUTY SHERIFF EMPLOYED AND COMPENSATED IN THIS MANNER.
Rep. KIRSH objected to the Bill.
Rep. J. BAILEY moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 3104 -- Reps. J. Bailey, Harvin, Vaughn, Snow, Barber, Mappus, McEachin and Keyserling: A BILL TO AMEND SECTION 7-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Bailey, J. Baker Baxley Bennett Blackwell Boan Brown, H. Bruce Burriss, T.M. Chamblee Clyborne Cole Cooper Corbett Elliott Fant Farr Gentry Gordon Harwell Haskins Hayes Hendricks Hodges Holt Jaskwhich Johnson, J.C. Johnson, J.W. Keyserling Kinon Manly Martin, D. Martin, L. Mattos McCain McEachin McGinnis McKay McLellan McTeer Moss Nesbitt Nettles Phillips Rhoad Rudnick Sheheen Short Simpson Smith Stoddard Tucker Vaughn Waites Waldrop Washington Wells White Wilder Wilkes Wilkins Williams, D. Williams, J. Wofford
Those who voted in the negative are:
Blanding Brown, G. Brown, J. Davenport Derrick Faber Foster Gregory Hallman Harris, J. Harrison Kay Keegan Keesley Kirsh Klapman Littlejohn McLeod Quinn Sharpe Taylor Wright
So, having failed to receive the necessary vote, the motion to grant free conference powers was rejected.
The following Bill was taken up.
S. 1136 -- Senators McLeod, Lourie, Nell W. Smith, Leatherman and Long: A BILL TO AMEND SECTION 44-77-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO THE DEATH WITH DIGNITY ACT, SO AS TO REVISE THE DEFINITIONS OF "LIFE-SUSTAINING PROCEDURES" AND "TERMINAL CONDITION"; SECTION 44-77-40, AS AMENDED, RELATING TO THE VALIDITY OF A DEATH WITH DIGNITY DECLARATION, SO AS TO DELETE THE REQUIREMENT THAT AN ACCOMPANYING AFFIDAVIT TO A DECLARATION MUST BE SUBSCRIBED AND SWORN TO BY THE TWO WITNESSES IN THE DECLARANT'S PRESENCE; SECTION 44-77-50, AS AMENDED, RELATING TO THE FORM OF A DECLARATION, SO AS TO PROVIDE FOR THE APPOINTMENT OF AN AGENT, REVISE THE LANGUAGE PERTAINING TO THE REVOCATION OF A DECLARATION, AND PROVIDE FOR SPECIFIC DIRECTIONS IN A DECLARATION; AND SECTION 44-77-80, AS AMENDED, RELATING TO THE REVOCATION OF A DECLARATION, SO AS TO PROVIDE FOR REVOCATION BY A DECLARANT'S AGENT INSTEAD OF DESIGNEE.
Rep. QUINN objected to the Bill.
Reps. WILKINS, HAYES and SHEHEEN proposed the following Amendment No. 1 (Doc. No. 1734X), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___. The validity of a declaration made pursuant to Chapter 77, Title 44 of the 1976 Code properly executed before the effective date of this act is not affected by the amendments to Chapter 77, Title 44 of the 1976 Code contained in this act./
Renumber sections to conform.
Amend title to conform.
Rep. HAYES explained the amendment.
The amendment was then adopted.
Rep. HAYES proposed the following Amendment No. 2 (Doc. No. 1762X).
Amend the bill, as and if amended, Section 44-77-50(B), as contained in SECTION 3, on page 8, by adding after the period on line 9:
/The authority of a person designated pursuant to this section exists only when the declarant is incompetent to act on his own behalf./
Amend title to conform.
Rep. HAYES explained the amendment and moved to adjourn debate upon the Bill until Thursday, May 17, which was adopted.
Rep. CORBETT moved to adjourn debate upon the following Joint Resolution until Thursday, May 17, which was adopted.
S. 1405 -- Senators McConnell, Courson, Gilbert, Leventis, Macaulay, McGill, Rose, Martschink, Shealy, Lee, Russell, Hinds, Wilson, Helmly, Long, Peeler, Thomas, Giese, Stilwell and Passailaigue: A JOINT RESOLUTION TO CREATE THE ADVISORY COMMISSION ON ELIMINATION OF WASTEFUL STATE GOVERNMENT SPENDING, AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES.
The following Bill was taken up.
S. 1238 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE FOR SIX YEARS; TO AMEND SECTIONS 40-19-20, 40-19-100, 40-19-170, AND 40-19-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMBALMERS AND FUNERAL DIRECTORS, SO AS TO DECREASE THE NUMBER OF MEMBERS OF THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE FROM ELEVEN TO NINE AND TO CHANGE THE METHOD FOR THEIR APPOINTMENT, TO CHANGE QUALIFICATIONS FOR LICENSURE, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PROHIBIT LICENSEES FROM SERVING AS CORONERS; TO EXEMPT BUSINESSES LICENSED TO PROVIDE FUNERAL SERVICE BEFORE JANUARY 1, 1984, FROM FACILITY REQUIREMENTS; AND TO REPEAL SECTION 40-19-230 RELATING TO PARKING SPACE REQUIREMENTS.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 0332l), which was adopted.
Amend the bill, as and if amended, by inserting the following language at the end of SECTION 2:
/"This continuing education program shall be offered, at a minimum, four times a year at locations easily accessible to participants, and shall be available through correspondence courses. The board must develop procedures to waive the education requirement for licensees who demonstrate competency in the profession. No licensee shall be refused renewal of his license unless he has failed to receive a minimum of six credit hours of continuing education over a two year period."/
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4830 -- Rep. Kohn: A BILL TO AMEND SECTION 38-77-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE COLLISION AND COMPREHENSIVE COVERAGE, SO AS TO DELETE CERTAIN PROVISIONS WHICH ARE INCONSISTENT WITH THE CESSATION BY COVERAGE PROVISIONS OF THE AUTOMOBILE INSURANCE REFORM ACT OF 1989.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 1483o), which was adopted.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/SECTION ____. The 1976 Code is amended by adding:
"Section 38-77-285. All automobile insurance coverages written by an insurer for an insured must be written in the same policy except that all automobile insurance policies in effect on the effective date of this section may continue in force until the expiration date of the policy."/
Renumber sections to conform.
Amend title to conform.
Rep. LIMEHOUSE moved to adjourn debate upon the Bill until Thursday, May 17, which was adopted.
The following Bill was taken up.
S. 1451 -- Senators Drummond, Long, Lee, Bryan, Hinds and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 TO CHAPTER 13, TITLE 24 SO AS TO PROVIDE FOR A SHOCK INCARCERATION PROGRAM THROUGH THE DEPARTMENT OF CORRECTIONS AND TO REPEAL SECTION 24-21-475 RELATING TO THE SHOCK PROBATION PROGRAM.
Reps. HODGES, HUFF and LIMEHOUSE objected to the Bill.
Rep. M.O. ALEXANDER moved to adjourn debate upon the following Bill until Thursday, May 17, which was adopted.
S. 1281 -- Senator Moore: A BILL TO AMEND SECTION 58-23-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF TAXIS IN COUNTIES CONTAINING A CITY HAVING A POPULATION IN EXCESS OF SEVENTY THOUSAND PERSONS, SO AS TO REDUCE THIS POPULATION REQUIREMENT TO TEN THOUSAND PERSONS; AND TO AMEND THE CAPTION OF ARTICLE 13, CHAPTER 23, TITLE 58, ACCORDINGLY.
The following Bill was taken up.
H. 4401 -- Rep. Washington: A BILL TO PROVIDE THAT THE MEMBERS OF THE BOARD OF TRUSTEES OF THE SEVERAL SCHOOL DISTRICTS OF THIS STATE, WHO ARE NOT POPULARLY ELECTED, MUST BE ELECTED IN NONPARTISAN ELECTIONS HELD IN THE MANNER STIPULATED BY THE PROVISIONS OF THIS ACT.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 0853o), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The members of the board of trustees of the school districts of this State must be elected in nonpartisan elections held in the manner provided in this act.
SECTION 2. Except as otherwise authorized in this act, the boards of trustees of the school districts must consist of five, seven, or nine members as determined in the manner hereinafter provided. Also, members of the board of trustees of a school district must be elected using one of the following alternatives:
(1) from single-member election districts;
(2) from the district at large; or
(3) from a combination of items (1) and (2).
A referendum must be held in the district before January 1, 1992, to determine the size and manner of election of the board. The referendum must be called by a resolution of the school board and the questions framed by the board. The referendum must be conducted by the county election commission and may be held at a general election, at a special election, or separately as determined by the school board. Once a referendum has been called, two public hearings which must have been advertised in a newspaper of general circulation in the school district must be held by the legislative delegation of the county in which the school district lies and the governing school board to explain the alternative forms of size and method of school trustee elections. The three alternative sizes of the board and the three alternative forms of school trustee elections must appear as separate questions on the ballot and unless one receives a favorable vote of a majority of those persons voting in the referendum, a second or run-off referendum must be held two weeks after the initial referendum at which time the two sizes or forms which received the highest number of votes must be submitted again to the qualified electors for final selection of the size or form to be adopted. Upon completion of the referendum the General Assembly by act and based on the results of the referendum shall provide for the size of the board and the manner in which the trustees of the district must be elected. In the event the trustees are to be elected from single member election districts or a combination of single-member election districts and the district at large, the General Assembly by act shall draw these districts, and shall determine the number of at-large seats and single-member seats where a combination plan is chosen.
If a referendum is not held in a school district by January 1, 1992, the General Assembly by act at its 1992 session shall provide for the size of these boards and the manner of election of these school trustees consistent with the provisions of this act.
SECTION 3. After adoption of the initial size of the board and school trustee method of election, changes in the size or form selected may be initiated by referendum called upon the filing of a petition with the board of not less than ten percent of the registered electors of the district concerned. Petitions must specify the particular change sought by the petitioners, and the district trustees shall frame the referendum question or questions in accordance with the petition. No revision referendum may be called sooner than 1996. Separate questions are also required if both a size and method of election changes are sought by the petition. Upon receipt of such a petition verified by the appropriate election commission, the school board shall provide for a referendum on the question of changing the size of the board or the method of election plan, or both, to one of the other sizes or plans provided for in this act as designated in the petition. The referendum must be conducted not sooner than thirty days and not more than ninety days following receipt of the verified petition. Any change in the existing size or plan, or both, requires a favorable vote by a two-thirds majority of those voting. Notice of the referendum, including a statement of the question or questions to be voted upon, must be published at least once in a newspaper of general circulation in the district at least thirty days before the date of the referendum. After the referendum, whether or not there is a change in size or form, no additional referendum on that question may be held for four years.
SECTION 4. Members of the board of trustees of the school districts of this State, after the size of the boards and the manner of their election is determined as provided in Section 2, must be elected in nonpartisan elections to be conducted at the same time as the 1992 general election for terms of four years each, except that of those members elected in 1992, one-half plus one of the members elected in 1992 receiving the highest number of votes shall serve terms of four years each and the remainder of the members elected in 1992 receiving the next highest number of votes shall serve terms of two years each. Successors to these members elected in 1992 must be then elected in nonpartisan elections to be conducted every two or four years thereafter as appropriate at the same time as the general election of that year. All members of these school boards shall serve until their successors are selected and qualify. Any vacancy occurring for any reason other than expiration of a term must be filled by the appointment of the Governor upon the recommendation of the county legislative delegation until the next scheduled election at which time a successor must be elected for the remainder of the unexpired term. However, this provision for filling vacancies only applies where there is not another method of filling these vacancies prescribed by local law for this particular board.
Notwithstanding the provisions of Section 7-11-15 of the 1976 Code or any other provision of law, any person desiring to qualify as a candidate shall file written notice of his candidacy with the county election commission at least sixty days before the date set for the election but not earlier than ninety days prior to the election. The notice of candidacy must be a sworn statement and include the candidate's name, age, voting precinct, period of residence in the district, and that other information as the county election commission requires.
The county commissioners of election shall conduct and supervise the elections for members of the board in the manner governed by the election laws of this State mutatis mutandi. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results of the election. The commissioners shall advertise that date of the election ninety days preceding it in a newspaper of general circulation in the district and shall publish a second notice thirty days before the election. The costs of the election must be borne by the district.
The results of the election must be determined in accordance with the nonpartisan plurality method prescribed by Section 5-15-61 of the 1976 Code.
The members of the board shall take office as provided in Section 59-19-315 of the 1976 Code. The current members of the school boards of this State on the effective date of this act shall continue to serve in office until the members elected in the manner specified in this act shall take office.
SECTION 5. (A) The provisions of this act do not apply to: (1) county boards of education; or (2) any school district which on the effective date of this act elects its school trustees in nonpartisan elections, except that any subsequent changes in the size or method of election of these nonpartisan trustees must conform to one of the three alternatives for each authorized by this act.
(B) If provisions of law applicable to a particular school district on the effective date of this act provide for a size of the board larger than nine members, the board shall remain that size. The General Assembly after the effective date of this act is authorized to decrease the size of this board to one of those authorized by this act but may not increase the size of this board.
SECTION 6. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
Rep. R. BROWN proposed the following Amendment No. 2 (Doc. No. 1478X), which was adopted.
Amend the report by the Committee Education and Public Works, as and if amended, in SECTION 5(A), page 4401-5, line 12, by striking /or/ and on line 18, by inserting after /act/ /; or (3) any school districts who, by law, are under the governing authority of an elected county board of education when that board has the authority to establish elected trustees/.
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4572 -- Reps. Hayes, Huff, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Holt, Jaskwhich, J.C. Johnson, Kay, Keegan, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Littlejohn, Manly, Mappus, D. Martin, L. Martin, McAbee, McBride, McCain, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, Rudnick, Sharpe, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, D. Williams, Winstead, Wofford and Wright: A BILL TO AMEND CHAPTER 53, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES BY ADDING SECTION 44-53-476 SO AS TO MAKE IT UNLAWFUL TO BE A "LEADER OF A NARCOTICS TRAFFICKING NETWORK", TO PROVIDE THE ELEMENTS OF THIS OFFENSE, TO PROVIDE PENALTIES FOR VIOLATION, AND TO AMEND SECTION 16-1-10, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO ADD THIS OFFENSE WHICH IS A FELONY TO THIS LIST.
Debate was resumed on Amendment No. 5, which was proposed on Tuesday, April 17, by Rep. RUDNICK.
Rep. RUDNICK moved to table the amendment, which was agreed to.
Reps. WILKINS, HUFF and HAYES proposed the following Amendment No. 7 (Doc. No. 1251o), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 53, Title 44 of the 1976 Code is amended by adding:
"Section 44-53-476. (A) A person is a 'leader of a narcotics trafficking network' if he occupies a position of authority or control as an organizer, supervisor, financier, or manager of an organization consisting of five or more persons which is engaged in a continuing scheme or course of conduct to unlawfully manufacture, distribute, dispense, deliver, or bring into or transport in this State a controlled substance classified in Schedules I, II, III, or IV or a controlled substance analog in amounts exceeding the statutory quantity necessary to constitute the offense of trafficking in that controlled substance as provided in Section 44-53-370(e).
(B) A person who is a 'leader of a narcotics trafficking network' is guilty of a felony and, upon conviction, except as provided in subsection (C), must be punished by a mandatory term of life imprisonment, no part of which may be suspended, and probation and parole must not be granted for any portion of the term. A person sentenced under the provisions of this section is not eligible for work release, extended work release, or supervised furlough. The court also may impose a fine of not more than five hundred thousand dollars or five times the street value of the controlled dangerous substance or controlled substance analog involved, whichever is greater.
(C) A person engaging in the offense described in subsection (A) who murders or counsels, commands, induces, procures, or causes the murder of an individual is guilty of a felony and, upon conviction, must be punished as provided in Section 16-3-20, which sentence must be reviewed by the Supreme Court as provided in Section 16-3-25.
(D) A conviction of a leader of a narcotics trafficking network offense does not merge with the conviction for any offense which is the object of the conspiracy. Nothing contained in this section prohibits the court from imposing an extended term nor may this section be construed to preclude or limit the prosecution or conviction of a person for conspiracy, manufacturing, distributing, or dispensing, or employing a juvenile in a drug distribution scheme.
(E) It is not necessary in a prosecution under this section for the State to prove that an intended profit actually was realized. The trier of fact may infer that a particular scheme or course of conduct was undertaken for profit from all of the attending circumstances, including, but not limited to, the number of persons involved in the scheme or course of conduct, the actor's net worth and his expenditures in relation to his legitimate sources of income, the amount of purity of the specified controlled substance or controlled substance analog involved, or the amount of cash or currency involved.
(F) It is not a defense to a prosecution under this section that the controlled substance or controlled substance analog was brought into or transported in this State solely for ultimate distribution or dispensing in another jurisdiction, nor is it a defense that a profit was intended to be made in another jurisdiction."
SECTION 2. Section 16-3-20(C)(a)(1) of the 1976 Code is amended to read:
"(1) The Murder murder was committed while in the commission of the following crimes or acts:
(a) criminal sexual conduct in any degree,;
(b) kidnapping,;
(c) burglary in any degree,;
(d) robbery while armed with a deadly weapon,;
(e) larceny with use of a deadly weapon,;
(f) killing by poison,; and
(g) leading a narcotics trafficking network as defined in Section 44-53-476; or
(h) physical torture."
SECTION 3. Section 16-3-20(A) of the 1976 Code is amended to read:
"(A) A person who is convicted of or pleads guilty to murder must be punished by death or by imprisonment for life and is not eligible for parole until the service of twenty years; provided, however, that. However when the State seeks the death penalty and an aggravating circumstance is specifically found specifically beyond a reasonable doubt pursuant to subsections (B) and (C), and a recommendation of death is not made, the court must shall impose a sentence of life imprisonment without eligibility for parole until the service of thirty years. However, when the aggravating circumstance described in subsection (C)(a)(1)(g) is found and the recommendation of death is not made, the court shall impose the sentence provided in Section 44-53-476(B). Provided, further, that under no circumstances may a A female who is pregnant with child must not be executed so long as she is in that condition. When the Governor commutes a sentence of death under the provisions of Section 14 of Article IV of the Constitution of South Carolina, 1895, the commutee is not eligible for parole. No person sentenced under the provisions of this subsection may receive any work-release credits, good-time credits, or any other credit that would reduce the mandatory imprisonment required by this subsection."
SECTION 4. The felony crimes provided in Section 44-53-476 of the 1976 Code, as contained in Section 1 of this act, are added to the list of crimes classified as felonies pursuant to Section 16-1-10 of the 1976 Code.
SECTION 5. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. WILKINS explained the amendment.
Rep. McLEOD spoke against the amendment and moved to table the amendment.
Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, G. Blanding Brown, G. Bruce Carnell Chamblee Cole Cooper Corbett Farr Foster Hallman Kay Keegan Keesley Kirsh Littlejohn McAbee McLeod Vaughn Waldrop Wells
Those who voted in the negative are:
Alexander, T.C. Bailey, J. Baker Barfield Baxley Bennett Blackwell Boan Brown, H. Brown, J. Burch Burriss, T.M. Clyborne Cork Davenport Derrick Faber Felder Gentry Glover Gregory Harris, J. Harris, P. Harwell Haskins Hayes Hendricks Hodges Holt Huff Jaskwhich Johnson, J.W. Keyserling Kinon Klapman Koon Martin, D. Martin, L. McBride McCain McEachin McGinnis McKay McLellan Moss Neilson Nesbitt Nettles Phillips Rama Rudnick Sharpe Sheheen Simpson Smith Snow Sturkie Taylor Tucker Washington Whipper White Wilder Wilkins Winstead Wofford Wright
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.
Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Bailey, J. Baker Barfield Baxley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Burch Carnell Chamblee Clyborne Cooper Corbett Cork Davenport Derrick Faber Farr Felder Gentry Glover Gregory Hallman Harris, J. Harris, P. Harwell Haskins Hayes Hendricks Hodges Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kinon Klapman Koon Littlejohn Martin, D. Martin, L. McAbee McBride McCain McEachin McGinnis McKay McLellan McTeer Moss Neilson Nesbitt Nettles Phillips Rama Rudnick Sharpe Sheheen Short Simpson Smith Sturkie Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkins Winstead Wofford Wright
Those who voted in the negative are:
Burriss, T.M.
So, the amendment was adopted.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of amendments.
The Reading Clerk of the House read the following House Resolution:
H. 5091 -- Rep. Sheheen: A HOUSE RESOLUTION TO SET WEDNESDAY, MAY 16, 1990, AT 11:00 A.M. AS THE TIME FOR THE HOUSE OF REPRESENTATIVES TO ELECT TWO OF ITS MEMBERS TO THE LEGISLATIVE AUDIT COUNCIL NOMINATING COMMITTEE.
The SPEAKER announced that nominations were in order for two members of the Legislative Audit Council Nominating Committee.
Rep. WASHINGTON nominated Rep. WHIPPER, Rep. HASKINS nominated Rep. CORBETT, Rep. HAYES nominated Rep. KIRSH, Rep. T.M. BURRISS nominated Rep. KLAPMAN, Rep. BLACKWELL nominated Rep. HODGES.
On motion of Rep. WHITE, nominations were closed.
On motion of Rep. BLACKWELL, with unanimous consent, the Members of the House voted by electronic roll call.
The following named Representatives voted for Rep. WHIPPER:
Alexander, T.C. Bailey, G. Bailey, J. Bailey, K. Barber Bennett Blanding Carnell Chamblee Cooper Elliott Faber Foster Glover Gordon Gregory Harvin Harwell Holt Huff Johnson, J.C. Keesley Keyserling Kinon Kohn Manly Martin, D. McBride McCain McLellan McTeer Neilson Phillips Rama Rhoad Rogers, T. Rudnick Short Smith Snow Taylor Waites Waldrop Washington Whipper White Wilder Wilkes Winstead
The following named Representatives voted for Rep. CORBETT:
Bailey, G. Baker Barfield Bruce Clyborne Cole Corbett Cork Davenport Elliott Felder Glover Hallman Harvin Haskins Jaskwhich Keegan Lanford Limehouse Littlejohn McCain Rama Vaughn Wells Wofford
The following named Representatives voted for Rep. KIRSH:
Alexander, M.O. Bailey, K. Bennett Brown, G. Brown, H. Brown, R. Burriss, T.M. Corbett Davenport Farr Foster Gentry Harris, P. Hayes Hendricks Johnson, J.C. Kay Kinon Kirsh Klapman Koon Mappus Mattos McAbee McEachin McElveen McLeod McTeer Neilson Nesbitt Nettles Phillips Quinn Rhoad Rogers, T. Rudnick Sharpe Sheheen Simpson Smith Snow Sturkie Townsend Tucker Waites Wright
The following named Representatives voted for Rep. KLAPMAN:
Alexander, M.O. Barfield Blackwell Brown, G. Brown, H. Bruce Burriss, T.M. Carnell Cork Derrick Hallman Harris, J. Harwell Haskins Keegan Kirsh Klapman Kohn Koon Littlejohn Mappus Martin, L. Mattos McAbee McGinnis McLeod Nesbitt Simpson Sturkie Taylor Vaughn Waldrop Wells Wilkins Winstead Wofford Wright
The following named Representatives voted for Rep. HODGES:
Alexander, T.C. Baker Barber Blackwell Blanding Boan Brown, R. Clyborne Cooper Derrick Farr Gentry Gregory Harris, J. Harris, P. Hayes Hendricks Hodges Jaskwhich Johnson, J.W. Kay Keesley Keyserling Limehouse Manly Martin, L. McElveen McEachin McLellan Nettles Quinn Sheheen Short Townsend Tucker Washington Whipper Wilder Wilkes Wilkins
There were 197 votes cast:
Of which Rep. WHIPPER received 49
Of which Rep. CORBETT received 25
Of which Rep. KIRSH received 46
Of which Rep. KLAPMAN received 37
Of which Rep. HODGES received 40
Whereupon, the SPEAKER announced that Reps. WHIPPER and KIRSH were duly elected for the term prescribed by law.
The following Bill was taken up.
S. 1524 -- Judiciary Committee: A BILL TO AMEND CHAPTER 17, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYISTS AND LOBBYING, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF LOBBYISTS AND LOBBYING AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
The question then recurred to the passage of the Bill on third reading.
Rep. WINSTEAD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield Baxley Bennett Blackwell Boan Brown, G. Brown, H. Brown, J. Brown, R. Bruce Burch Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Corbett Cork Corning Davenport Derrick Elliott Faber Farr Felder Foster Gentry Glover Gregory Hallman Harris, J. Harris, P. Harvin Harwell Haskins Hayes Hendricks Hodges Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kinon Kirsh Klapman Kohn Koon Lanford Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rhoad Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Snow Sturkie Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkes Wilkins Williams, J. Winstead Wofford Wright
Those who voted in the negative are:
So, the Bill was read the third time, and ordered returned to the Senate with amendments.
The SPEAKER granted Reps. T. ROGERS and SMITH a temporary leave of absence.
The following Bill was taken up:
S. 1182 -- Senators Moore, Land, Nell W. Smith, Saleeby, Leatherman, Peeler, Drummond, Stilwell, Bryan, Pope, Lourie, Williams, Waddell, Horace C. Smith, Hinds, O'Dell, McLeod, J. Verne Smith, Rose, Giese, Wilson, Fielding, Thomas, Setzler, Passailaigue, Hayes, Long, Martschink, Macaulay, Mitchell, Mullinax, Shealy, Hinson, Courson, Holland, Patterson, Lee, McGill and Helmly: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 95 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, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS OF THE LITTER LAWS; AND TO AMEND SECTION 56-1-720 SO AS TO ASSIGN POINTS FOR THE DUMPING OF LITTER ON PUBLIC OR PRIVATE PROPERTY OR WATERS; AND TO AMEND CHAPTER 7 OF TITLE 12 RELATING TO THE TAX LAWS BY ADDING SECTION 12-7-1255 TO PROVIDE A TAX CREDIT FOR QUALIFIED RECYCLING EQUIPMENT.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. Nos. 1470o, 1476o, 1481o).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 44 of the 1976 Code is amended by adding:
Section 44-95-10. Short Title.
This chapter is known and may be cited as the 'South Carolina Solid Waste Policy and Management Act of 1990'.
Section 44-95-20. Findings; purposes.
(A) The General Assembly finds that:
(1) Over 3,800,000 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, thereby 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) provide for in the most economically feasible, cost-effective, and environmentally safe manner, the storage, collection, transport, separation, treatment, processing, recycling, and disposal of solid waste in order to protect the public health and safety, protect and preserve the environment of this State, and recover resources which have the potential for further usefulness;
(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 counties and municipalities 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 counties and municipalities 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 county or municipality, 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, and/or recycling programs 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 counties, municipalities, 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 counties and municipalities to pursue a regional approach to solid waste management.
Section 44-95-30. 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, or to radioactive waste regulated under the South Carolina Atomic Energy and Radiation Control Act, the Southeast Interstate Radioactive Waste Compact, or to mine waste or refuse regulated under the South Carolina Mining Act.
Section 44-95-40. Definitions.
Definitions as used in this chapter:
(1) 'Beverage' means beer or malt beverages and mineral waters, 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) 'Composing 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) 'County solid waste management plan' means a solid waste management plan prepared, approved, and submitted by a single county pursuant to Section 44-95-80.
(7) 'Construction and demolition debris' means discarded solid wastes resulting from construction, remodeling, repair and demolition of structures, road building, and land clearing. Such wastes include, but are not limited to, bricks, concrete, and other masonry materials, soil, rock and lumber, road spoils, paving material, and tree and brush stumps, but does not include solid waste from agricultural or silvacultural operations.
(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 such 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 such 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 (e.g., one or more landfills, surface impoundments, or combination of them).
( ) '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.
(14) 'Generation' means the act or process of producing solid waste.
(15) 'Groundwater' means water beneath the land surface in the saturated zone.
(16) 'Hazardous waste' has the meaning given in Section 44-56-20 of the Hazardous Waste Management Act.
(17) '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.
(18) 'Industrial waste' means solid waste that results from industrial processes including, but not limited to, factories and treatment plants.
(19) 'Infectious waste' has the meaning given in Section 44-93-20 of the South Carolina Infectious Waste Management Act.
(20) 'Land-clearing debris' means solid waste which is generated solely from land-clearing activities, but does not include solid waste from agricultural or silvacultural operations.
(21) '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.
(22) '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.
(23) '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.
( ) 'Motor oil' and 'similar lubricants' means the fraction of crude oil or synthetic oil which is sold for the purposes of reducing friction in any industrial or mechanical device. Such term includes re-refined oil but does not include heavy greases.
(24) 'Municipal solid waste landfill' means any sanitary landfill or landfill unit, publicly or privately owned, that receives household waste. Such landfill may also receive other types of solid waste, such as commercial waste, nonhazardous sludge, and industrial solid waste.
(25) 'Office' means the Office of Solid Waste Reduction and Recycling established within the Department of Health and Environmental Control pursuant to Section 44-95-110.
(26) 'Owner/operator' means the person who owns the land on which a solid waste management facility is located and/or the person who is responsible for the overall operation of the facility.
(27) 'Person' means an individual, corporation, company, association, partnership, unit of local government, state agency, federal agency, or other legal entity.
(28) 'Plastic bottle' means a plastic container intended for single use, that 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.
(29) 'Plastic container' means any container having a wall thickness of not less than 0.010 inches used to contain beverages, foods or nonfood products and composed of synthetic polymeric materials.
(30) '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.
(31) 'Recyclable material' means those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste.
(32) '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).
(33) 'Region' means a group of counties which is planning to or has prepared, approved, and submitted a regional solid waste management plan to the department pursuant to Section 44-95-80.
(35) 'Regional solid waste management plan' means a solid waste management plan prepared, approved, and submitted by a group of counties pursuant to Section 44-95-80.
(36) '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.
(37) '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.
(38) '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.
(39) '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.
(40) '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.
(41) 'Secondary lead smelter' means a facility which produces metallic lead from various forms of lead scrap, including used lead-acid batteries.
(42) '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 1954, as amended. Also excluded from this definition are application of fertilizer and animal manure during normal agricultural operations and materials from mining operations which are otherwise regulated by the State.
(43) '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.
(44) 'Solid waste management' means the systematic control of the generation, collection, source separation, storage, transportation, treatment, recovery, and disposal of solid waste.
(45) 'Solid Waste Management Grant Program' means the grant program established and administered by the Office of Solid Waste Reduction and Recycling pursuant to Section 44-95-130.
(46) 'Solid Waste Management Trust Fund' means the trust fund established within the Department of Health and Environmental Control pursuant to Section 44-95-120.
(47) '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.
(48) '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 such facilities which is managing solid waste.
(49) '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.
(50) '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 44-95-60.
(51) '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.
(52) '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.
(53) '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).
(54) '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).
(55) '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.
(56) 'Transporter' means a person engaged in the off-site transportation of solid waste by air, rail, highway, or water.
(57) '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.
(58) '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.
(59) 'Used oil collection center' means a facility which, in the course of business, accepts used oil for subsequent disposal or recycling.
(60) 'Used oil recycling facility' means a facility that recycles more than six thousand gallons of used oil annually.
( ) 'Used Oil Energy Recovery Facility' means a facility that burns more than six thousand gallons of used oil annually for energy recovery.
(61) 'Waste tire' means a tire that is no longer suitable for its original intended purpose because of wear, damage, or defect.
(62) '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.
(63) 'Waste tire hauler' means a person engaged in the picking up or transporting of waste tires for the purpose of storage, processing, or disposal.
(64) 'Waste tire treatment site' means a permitted site used to produce or manufacture usable materials, including fuel, from waste tires.
(65) '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 scrap tires are accumulated for a period of no more than thirty days at a time;
(c) the facility does not accept any tires from sources other than its own; and
(d) all scrap tires are stored under a covered structure.
(66) '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.
(67) 'White goods' include refrigerators, ranges, water heaters, freezers, dishwashers, trash compactors, washers, dryers, air conditioners, and commercial large appliances.
(68) 'Yard trash' means solid waste consisting solely of vegetative matter resulting from landscaping maintenance.
Section 44-95-50. 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 option of disposal in landfills and to assist units of local government with solid waste management functions. In furtherance of this state policy, there are established the following methods of managing solid waste, in descending order of preference:
(1) waste volume reduction at the source;
(2) recycling and reuse;
(3) composting;
(4) incineration for energy production;
(5) incineration for volume reduction; and
(6) disposal in landfills.
(B) It is the policy of this State to encourage research by private entities, by state agencies, and by state-supported educational institutions into innovative solid waste management methods and products.
(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 by thirty percent, calculated by weight, of the fiscal year 1992 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 1992, the base figure for determining a thirty percent reduction goal will be calculated by adding the weight of solid waste reduced or recycled during the preceding year in that county or municipality to the amount of solid waste currently being disposed of by that county or municipality in municipal solid waste landfills.
(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 after meeting the initial goal of a thirty percent reduction. 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.
(F) 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 44-95-60. State solid waste management plan; revision of plan and annual report.
(A) Not later than eighteen months after the date of enactment of this chapter, 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 date of enactment of this chapter;
(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 source separated and/or 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 counties, regions, or municipalities may request assistance from the department;
(12) procedures for ensuring cooperative efforts in solid waste management by the State, counties, municipalities, and by private industry, including a description of the means by which the State may encourage counties and municipalities 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 44-95-50;
(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 the date of enactment of this chapter, there shall be established a State Solid Waste Advisory Council. The council shall consist of the following twenty-two members:
(1) three House members appointed by the Speaker of the House;
(2) three Senate members appointed by the President of the Senate;
(3) 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 must represent a county with a population of 50,000 or less, one must represent a county with a population more than 50,000 and up to 100,000, and the final county representative must represent a county with a population over 100,000; two members to represent municipalities to be recommended by the South Carolina Municipal Association;
(4) the Consumer Advocate or his designee;
(5) one member to represent the Department of Health and Environmental Control; and
(6) one member to represent the State Development Board.
The members of the council shall serve at the pleasure of their appointing authority. 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 shall also 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 shall cease to exist six years after the date of enactment of this chapter.
Section 44-95-70. 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 the date of enactment of this chapter.
(C) The council shall consist of sixteen members, fourteen of whom shall be appointed by the Governor, one House member appointed by the Speaker of the House, and one Senator appointed by the President of the Senate. Of the members appointed by the Governor:
(1) one member must represent the State Development Board;
(2) one member must represent county governments;
(3) one member must represent municipalities;
(4) one member must represent the solid waste collection and disposal industry;
(5) one member must represent the existing recycling industry;
(6) one member must represent the glass industry;
(7) one member must represent the paper industry;
(8) one member must represent the aluminum industry;
(9) one member must represent the plastics industry;
(10) one member must represent the tire industry;
(11) one member must represent the general public;
(12) one member must represent the oil industry;
(13) one member must represent the scrap iron industry; and
(14) one member must represent higher education research institutions.
(D) Each member of the council shall serve a two-year term beginning on the date of his or her 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 and must be paid from approved accounts of both Houses until such time as sufficient funds have accumulated in the Solid Waste Management Trust Fund to cover the council's 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. 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 the date of enactment of this chapter, 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 such materials or products;
(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 recommendation, including tax incentives, to facilitate the development of markets for recovered materials or products in this State.
Section 44-95-80. 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 municipalities located in the county or region, shall prepare a solid waste management plan for the area within that county or region. Municipalities 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 the date of enactment of this chapter;
(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 county or region needs and intends to make available to fund implementation of the solid waste management plan, including the funds necessary for the implementation of those portions of the plan which are the responsibilities of the municipalities within the county or regional area, and including the revenue to be generated by the imposition of the fees authorized by this chapter;
(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 source separation, resource recovery and/or recycling program 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 and/or recycled;
(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 this item if it provides sufficient justification to the department that the implementation of a source separation, resource recovery, and/or recycling program 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 44-95-50.
(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 44-95-50.
(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 approve 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 and 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 44-95-50. Nothing in this chapter, however, shall be construed to prohibit a county or region from setting higher percentage goals for recycling and waste reduction in its solid waste management plan that the goals established in Section 44-95-50. The department may reduce or modify the statewide goals for a county or region to account for industrial growth or other good cause shown.
(D) Each county or region submitting a solid waste management plan containing a source separation, resource recovery, and/or recycling program to the department shall provide its residents with the opportunity to source separate and 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 such 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, and/or recycling 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) Counties and municipalities are authorized to enter into cooperative agreements with other counties and municipalities to provide for the collection, separation or recycling of solid waste at mutually agreed upon sites. Counties and municipalities are authorized to 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 municipalities participate in the preparation and implementation of the solid waste management plan, including the source separation, resource recovery, and/or recycling program.
(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, shall be construed to prohibit a municipality from continuing to operate or to use an existing management facility, permitted on or prior to the date of enactment of this chapter, in accordance with the provisions of the solid waste management plan submitted by the county or region within which the municipality 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 post-closure of that solid waste management facility if it is owned and operated by a private entity under a permit issued by the department; provided, 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 ordinance 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) vacant
(M) (1) Not later than ninety days after the date of enactment of this chapter, the operator of a municipal solid waste disposal facility shall impose a five dollars per ton or equivalent fee on all solid waste disposed of or incinerated at that facility, in addition to other fees imposed by the operator; provided, however, such fees shall not be imposed on ash from the incineration of solid waste within the county. Three-fifths of the revenue generated by this fee shall be remitted on a monthly basis to the governing body of the county where the waste was generated to be used to fund solid waste management recycling or reduction services or programs throughout the county; provided, however, where a local government operates the facility, the fees shall be remitted immediately to the local treasurer or designated office. The other two-fifths of the revenue generated by this fee shall be remitted on a quarterly basis to the department to be placed in the Solid Waste Management Trust Fund established in Section 44-95-120. (2) In addition to all other fees provided in this chapter, there is imposed a fee of ten dollars for each 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 instate 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 44-95-120.
(N) Not later than eighteen months after the date of enactment of this chapter, 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 the date of enactment of this chapter shall be required to install scales.
(O) Not later than one year after the date of enactment of this chapter, 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, a representative of the private recycling or processing industry, if any, operating within the county or region, and at least two members must 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. Each council shall, at a minimum, remain in existence until the end of the one hundred and 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.
Section 44-95-90. Full cost disclosure.
(A) Not later than one year after the date of enactment of this chapter, 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 county or municipality, 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 these regulations, each county and municipality shall determine the full cost for solid waste management within the service area of the county or municipality for the previous year. The county or municipality shall inform by publication of a notice in a newspaper of general circulation in the county, municipality or region, no less than once a year, residential and nonresidential users of solid waste management services within the county's or municipality's service area of the user's share, on an average or individual basis, of the full cost for solid waste management as determined pursuant to subsection (A). Counties shall provide the information required of municipalities only to residential and nonresidential users of solid waste management services within the county's service area that are not served by a municipality. Counties and municipalities shall include costs charged to them by persons contracting with them for disposal of solid waste in the full cost information provided to residential and nonresidential users of solid waste management services.
(C) For counties and municipalities which provide collection, recycling and/or transfer station services, 'full cost' shall, at a minimum, include an itemized accounting of:
(1) the cost of equipment (e.g., trucks, containers, compactors), plus parts, labor, maintenance, depreciation, insurance, fuel and oil, and lubricants for equipment maintenance;
(2) the cost of overhead (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 counties and municipalities 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 (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 (sampling, laboratory and testing costs, environmental compliance inspections), closure and post closure expenditures, and escrow (if required).
(E) For purposes of this section, 'service area' means the area in which the county or municipality 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 county, municipality, or region shall assist and cooperate with the county, municipality, or region to make the calculations or to establish a system to provide the information required under this section, if such person agrees to do so as part of such agreement.
Section 44-95-100. 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 counties and municipalities, 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 44-95-105. 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 44-95-110. Establishment of the Office of Solid Waste Reduction and Recycling.
(A) Ninety days after the enactment of this chapter 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 44-95-120;
(2) manage the Solid Waste Management Grant Program established in Section 44-95-130;
(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 the date of enactment of this chapter, 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, shall also 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 44-95-120. 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, for the purposes of:
(1) funding activities of the department to carry out its responsibilities under this act; provided, however, that upon full implementation of the program, no more than twenty-five percent of the Solid Waste Management Trust Fund monies may be used by the department for its operations and no more than seventy-five employees may be funded from trust fund monies;
(2) funding research by state-supported educational institutions or by private entities under contract with state-supported educational institutions on solid waste management technologies;
(3) funding activities of the Recycling Market Development Council;
(4) funding 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) funding grants to local governments to carry out their responsibilities under this article, pursuant to the provisions of Section 44-95-130, including local governments which contract with private entities to assist in carrying out their responsibilities under this article.
(6) funding 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; in addition, the Tax Commission shall receive annually fifty thousand dollars to offset its recurring administrative costs.
(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) five million dollars of oil overcharge refund monies, which are not legally obligated to any local government, agency, board, commission, or institution or other entity on the effective date of this act. Oil overcharge funds may be used only for local government grants and local government demonstration projects and pilot programs;
(4) two-fifths of the funds generated by the five-dollars per ton disposal fee authorized pursuant to Section 44-95-80(M);
(5) the balance of the funds generated by the two-dollar fee imposed pursuant to Section 44-95-170(L) which is not remitted back to the counties for the management of waste tires, to be remitted to a special fund designated as the Scrap Tire Grant Trust Fund;
(6) funds generated by the two-dollar fee per lead-acid battery fee imposed pursuant to Section 44-95-180(F) for the management of lead-acid batteries;
(7) funds generated by the two-dollar fee per white good fee imposed pursuant to Section 44-95-200(D) for the management of white goods;
(8) any funds generated by fees imposed on motor oil and similar lubricants pursuant to Section 44-95-160(V);
(9) funds generated by fees imposed on out-of-state waste disposed of in this State;
(10) any interest earnings accrued on the Solid Waste Management Trust Fund.
(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 the date of enactment of this chapter. 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 44-95-120(b)(3). The department's decision 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 assure 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 effective date of this act, the remainder shall be returned to the Governor's Office.
Section 44-95-130. 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 counties and municipalities in carrying out their responsibilities under this chapter. Grant disbursements must be approved by the State Solid Waste Advisory Council.
(B) The department shall ensure that, for the first five years following the date of enactment of this chapter, one hundred percent of the grant funds made available to counties, regions, and municipalities 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 county or region, and municipalities located therein, 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 44-95-80.
(C) Beginning six years after the date of enactment of this chapter, the department shall ensure that at least twenty-five percent of the grant funds made available to counties, regions, and municipalities shall be bonus grants to the counties or regions, and municipalities located therein, which have met the solid waste reduction and/or 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 the date of enactment of this chapter, 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, 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 44-95-140. 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 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 and/or buyers of the recyclable materials;
(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 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 the date of enactment of this chapter, 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 United States Environmental Protection Agency. The report shall also 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 the date of enactment of this chapter, 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.
(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 where practicable. 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 the date of enactment of this chapter, and annually thereafter, the Department of Highways and Public Transportation shall submit a report to the Governor and to the General Assembly on the following:
(1) the use of compost as a substitute for regular soil amendment products in all highway projects;
(2) the use of ground rubber from tires in road surfacing of subbase materials;
(3) the use of glass aggregate and/or plastic in asphalt or concrete; and
(4) the use of recycled mixed-plastic materials for guard rail posts, right-of-way fence posts, and sign supports.
Section 44-95-150. Packaging; plastics.
(A) Six months after the date of enactment of this chapter, 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) One year after the date of enactment of this chapter, no person shall 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 with 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 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 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 the date of enactment of this chapter, 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. Notice of recyclability shall be printed on each bag.
(D) One year after date of enactment of this chapter, 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 the date of enactment of this chapter, 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 the date of enactment of this chapter, no person shall distribute, sell, or offer for sale in this State any 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';
(7) for any other, the letters 'OTHER' and the number '7'.
(G) Not later than five years after the date of enactment of this chapter, 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 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 and/or penalties, 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 the date of enactment of this chapter, 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 44-95-160. Used oil.
(A) Twelve months after the date of enactment of this chapter 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, or oil recycling facility or to an authorized agent for delivery to a used oil collection facility, oil recycling facility, or used oil energy recovery 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.
Any person who unknowingly disposes in a landfill any used oil which has not been properly segregated or separated from other solid wastes by the generator is not guilty of a violation under this subsection.
(B) The utilization of used oil for road oiling, dust control, weed abatement, or other similar uses that 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.
(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 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 therein;
(3) transported from the used oil collection center by a registered transporter;
(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, provided that such owner or operator acts in good faith and such 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 shall also 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 such burner, provided that such 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 a 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 annually transports over public highways, more than five hundred gallons of used oil 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 assure 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 the date of enactment of this chapter, 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 non-industrial 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) For sales made on or after November 1, 1990, 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 Tax Commission shall administer, collect, and enforce this fee in the same manner that sales and use taxes are collected pursuant to Chapter 35 of Title 12. However, taxpayers are not required to make payments pursuant to Section 12-35-580. In lieu of the discount allowed pursuant to Section 12-35-1230, 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.
For hire motor carrier as defined under this act, who purchase lubricating oils not for resale used in their fleet shall be exempt from the fee. The for hire motor carrier must:
(1) have a maintenance facility to service his own fleet and properly store waste oil for recycling collections;
(2) have reported to the Environmental Protection Agency, via Report No. EXP 17, the existence of storage tanks for waste oil storage;
(3) maintain records of the dispensing and servicing of lubrication oil in the fleet vehicles;
(4) have a written contractual agreement with an approved waste oil hauler.
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:
(1) two-fifths of the funds shall be used to establish incentive programs to encourage:
(a) individuals who change their own oil to return their used oil to used oil collection centers;
(b) the establishment and continued operation of collection centers which accept used oil; and
(c) 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.
(2) 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:
(a) curbside pickup of used oil containers by a local government or its designee;
(b) retrofitting of solid waste equipment to promote curbside pickup or disposal of used oil at used oil collection centers designated by the local government;
(c) establishment of publicly operated used oil collection centers at landfills or other public places; or
(d) providing 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.
(3) one-fifth of the funds shall be used for public education and research involving, among other things, reuses, disposal, and development of markets for used oil and similar lubricants.
The office may use funds set aside under (V)(1) to contract for the development and implementation of incentive programs, and the office may use funds set aside under (V)(3) to contract for the development and implementation of research and education programs.
Motor oil or similar lubricants exported from this State in its original package or container shall be exempt from the fee imposed in this subsection. Any person purchasing motor oil or similar lubricants at wholesale in their 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 such 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 subsection (D) of Section 44-95-140.
Section 44-95-170. Waste tires.
(A) Not later than ninety days after the effective date of this chapter, 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 the date of enactment of this chapter, 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 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 of enactment;
(2) an estimate of the current capacity in the county (counties) 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 scrap tire clean-up enforcement efforts, and no later than twelve months after promulgation of regulations by the department, establish approved scrap tire accumulation sites, designate scrap 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 act. The department will administer waste tire disposal plans for those counties which do not submit proposals.
(E) Counties are prohibited from imposing an additional disposal fee on scrap 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 scrap 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 scrap 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 the date of enactment of this chapter, 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:
(a) at a permitted solid waste disposal facility for treatment;
(b) at a waste tire collection site which is an integral part of a permitted waste tire treatment facility;
(c) at a permitted waste tire treatment facility; or
(d) at a permitted waste tire collection center.
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.
(H) Not later than twelve months after the date of enactment of this chapter, 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:
(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 affiliated with a company that manufactures tires in this State;
(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; or
(5) a person using waste tires for agricultural purposes, if the waste tire sites are maintained so as to prevent mosquitos or other nuisances as determined by the department.
(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, 1990, 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 35 of Title 12. The fee imposed by this section shall be remitted on a monthly basis. However, taxpayers are not required to make payments under Section 12-35-580. In lieu of the discount allowed pursuant to Section 12-35-1230, 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 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, to be further earmarked in the Scrap Tire Waste Fund, which is established under the administration of the South Carolina Department of Health and Environmental Control. The General Assembly shall review the scrap tire disposal fee every five years.
(M) The Office of Solid Waste Reduction and Recycling of DHEC may provide grants from the Scrap Tire Grant 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 the effective date of this act, the funds in the Scrap Tire Grant 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.
(N) Scrap 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;
(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 Solid Waste Advisory Committee. Grants must be awarded by the State Solid Waste Advisory Committee.
(O) A county failing to comply with the requirements of this section and regulations promulgated thereunder may not be eligible for monies from the Scrap Tire Grant Fund.
Section 44-95-180. Lead-acid batteries.
(A) Twelve months after the effective date of this chapter, 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 the effective date of this chapter, 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 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 facilities. 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, 1990, beginning with the first day of the sixth month after the enactment of this act, 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 35 of Title 12. However, taxpayers are not required to make payments under Section 12-35-580. In lieu of the discount allowed pursuant to Section 12-35-1230, 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 distribute one dollar from the sale of each lead-acid battery in the fund 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 lead-acid batteries generated within that county. The remaining portion of the lead-acid battery disposal fee is to be credited to the Solid Waste Management Trust Fund by the State Treasurer.
(G) The department shall produce, print, and distribute the notices required by subsection (D) to all lead-acid battery retailers.
(H) 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.
(I) 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.
(J) 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 subsection (D) of Section 44-95-140.
Section 44-95-190. Yard trash; compost.
(A) Not later than twelve months after the date of enactment of this chapter, the department shall:
(1) promulgate regulations governing the proper management and/or disposal 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 the date of enactment of this chapter, 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 the date of enactment of this chapter, 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.
(D) Any person violating 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.
(E) 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 subsection (D) of Section 44-95-140.
Section 44-95-200. White goods.
(A) Not later than eighteen months after the date of enactment of this chapter, the department shall promulgate regulations governing the proper management and/or disposal of white goods requiring any 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 prior to recycling or disposal.
(B) Three years after the date of enactment of this chapter, 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 the date of enactment of this chapter, no owner or operator of a municipal solid waste landfill shall knowingly accept white goods for disposal at such landfill.
(D) For sales made on or after November 1, 1990, 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 35 of Title 12. However, taxpayers are not required to make payments under Section 12-35-580. In lieu of the discount allowed pursuant to Section 12-35-1230, 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 distribute one dollar from the sale of each white good in the fund 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 white goods generated within that county. The remaining portion of the white good disposal fee is to be credited to the Solid Waste Management Trust Fund by the State Treasurer.
Section 44-95-210. Newsprint.
(A) Five years after the date of enactment of this chapter, 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 and/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 44-95-215. 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 44-95-220. State recycling symbol.
The Office of Solid Waste Reduction and Recycling shall establish and have trademarked a state recycling symbol that 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 44-95-230. 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.
Section 44-95-240. 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.
(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 44-95-250. Definitions.
(A) The definitions set forth in Article 1 of this chapter are incorporated by reference as if fully set forth herein.
(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) '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.
(7) '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.
(8) 'Cover' means soil and/or other suitable material acceptable to the department 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 cover material 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 44-95-300.
(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; or
(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; or
(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 44-95-260. 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, 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 44-95-270. 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 the date of enactment of this article on ways to encourage counties and municipalities to pursue a regional approach to solid waste management, including incentives or requirements which might be imposed to encourage the siting, construction, and operation of regional solid waste management facilities.
Section 44-95-280. 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, 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;
(4) inspecting and obtaining samples from a person owning, operating, or supervising any solid waste management facility; provided, however, that the department shall provide, upon request, a sample of equal volume or weight to the person owning, operating, or supervising the facility. The department shall also 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 44-95-290. Permitting.
(A) No person shall operate a solid waste management facility without a permit from the department. 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 prior to the date of enactment of this article shall remain valid for the life of the permit; provided, however, that any solid waste management facility without an approved closure plan shall be subject to the closure and postclosure requirements of this article applicable to that type of facility and to any other requirements made specifically applicable to existing solid waste management facilities by this article or by regulations promulgated pursuant to this article. Upon expiration of the permit, the permittee must comply with the requirements of this article and regulations promulgated pursuant to this article.
(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) transferability of the permit;
(3) 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;
(4) exemptions, variances, and emergency approvals;
(5) 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;
(6) public notice and public hearing requirements consistent with the requirements of the South Carolina Administrative Procedures Act; and
(7) 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. 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. In considering a demonstration of need from an applicant to construct a new or expanded facility prior to adoption and approval of county or regional solid waste plans as required by Section 44-95-80, the department may consider the amount of waste generated within all South Carolina counties within one hundred miles of the applicant's proposed facility. The department shall promulgate regulations to implement this section. These regulations shall apply to all solid waste management facilities which have not obtained all permits required for construction. 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 solid waste management facility provided the industrial facility is not a commercial solid waste management facility.
(F) 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 the applicable local zoning and land use 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 or the state solid waste management plan; and that, one year after the end of the one hundred and 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 waste management facility; provided, however, that such 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.
(G) 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; provided, however, that, 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.
(H) 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 environment;
(2) 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 44-95-300. 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 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 any responsible party in any state or federal court, with all appeals exhausted, of any felony involving a crime of moral turpitude, within three years immediately preceding the date of the submission of the permit application;
(4) a listing and explanation of all convictions by final judgment of any responsible party in any state or federal court, with all appeals exhausted, of any felony involving a violation of any environmental law punishable as a felony in any state or federal court within five years of the date of submission of the permit application;
(5) a listing and explanation of any instances in which a disposal facility permit held by the applicant was revoked by final judgment in any state or federal court, with all appeals exhausted, 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 department shall deny a permit if it finds by clear and convincing 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 such that the applicant's ability to operate within the law is questionable.
(C) In making a determination of whether clear and convincing evidence exists under subsection (B) of this section, the department shall consider the following factors:
(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 and/or history of discipline of any responsible party convicted of acts described in subsection (A) of this section;
(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) of this section 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) If the department determines that the information provided by the applicant pursuant to subsection (A) of this section is incomplete, insufficient or otherwise inadequate, the department may request specific information or a background investigation of an applicant by the State Law Enforcement Division or by the Attorney General specifying the information which the department has determined is either incomplete, insufficient, or otherwise inadequate. 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.
(F) The department shall provide for an adjudicatory hearing if the applicant appeals the granting, denial, or granting with conditions of a permit by making a written request to the department for an adjudicatory hearing within thirty 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 subsection (A) of this section, 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 this article who has not earlier filed a disclosure statement shall, not later than one year after the date of enactment of this article, file a disclosure statement with the department.
(J) Not later than two years after the date of enactment of this article, 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 subsection (F) of Section 44-95-290, 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 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) of this section. 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 its rehabilitation.
Section 44-95-310. 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;
(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 the date of enactment of this article, the department shall promulgate the criteria and procedures for the issuance of such permits.
Section 44-95-320. Solid waste landfills.
(A) Not later than eighteen months after the date of enactment of this article, 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. 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 operation 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 rate at which the facility will receive that waste;
(g) a landscape 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) 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 44-95-330. Minimum requirements for new and existing municipal solid waste landfills.
(A) In addition to the requirements imposed by any other provision of 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) a minimum of six inches of soil, or other material, approved by the department for 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; and
(b) ensure that no adverse effect will be caused from postclosure releases to the groundwater, surface water, or atmosphere;
(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;
(4) landfills, at a minimum, not be located in the following locations:
(a) within the 100-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 100-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; and
(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 the environment; and
(d) within proximity of airports or wetlands to be determined by the department by regulation.
Section 44-95-340. Solid waste incinerators.
(A) Not later than eighteen months after the date of enactment of this article, 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.
(B) 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 44-95-350. Minimum requirements for the management of municipal solid waste incinerator ash.
(A) In addition to the requirements imposed by any other provision of 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 only be disposed of 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;
(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;
(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 the date of the enactment of this article. Based on such 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 44-95-360. Solid waste processing facilities.
(A) Not later than eighteen months after the enactment of this article, 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 44-95-370. Storage and transfer of solid waste.
(A) Not later than eighteen months after the date of enactment of this article, 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 the date of enactment of this article, 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 44-95-380. Land application facilities; composting facilities; construction, demolition, and land clearing debris landfills.
(A) Not later than eighteen months after the date of enactment of this article, 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 the date of enactment of this article, 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 requirements;
(3) hydrogeologic requirements;
(4) operational requirements; and
(5) closure and postclosure requirements.
Section 44-95-390. Approval procedures for special wastes.
(A) For the purposes of this section, the term 'special wastes' is defined as any 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, the following:
(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, incinerator ash, core sands, metallic dust sweepings, asbestos dust, hospital wastes, 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 (1) through (5) above;
(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 (1) through (6) above; and
(8) containers and drums.
(B) A special waste shall 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 the date of enactment of this article or the initial receipt of wastes, whichever is later, the owner or operator of a municipal solid waste landfill must prepare and submit to the department a waste analysis plan that addresses, at a minimum, the following:
(1) the parameters for which each waste will be analyzed and the rationale for the selection of those parameters;
(2) the test methods which will be used to test for those parameters;
(3) the sampling method which will be used to obtain a representative sampling of the special waste to be analyzed;
(4) the 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;
(5) the 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:
(a) the procedures which will be used to determine the identity of each special waste managed at the facility; and
(b) the sampling method 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 44-95-400. 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 44-95-410. 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 shall also provide such person with a copy of the results of any analyses of such samples.
Section 44-95-420. 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 44-95-430. 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 facilities and issue, deny, revoke, suspend, or modify permits under such conditions as it may prescribe for the operation of solid waste management facilities; provided, however, that no permit shall be revoked without first providing the permit holder with the opportunity for a hearing.
Section 44-95-440. 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 44-95-450. 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. This department may also 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 and/or operating a municipal solid waste management facility or to officials and employees of a region, comprised of local governments, owning and/or operating 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 44-95-460. 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 the date of enactment of this article, 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 44-95-470. 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 further be notified 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; and
(3) the public notice shall be prominently displayed in the courthouse of each notified county.
(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 the applicant and the host local government, if different from the applicant, in writing 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 paragraphs (1), (2), and (3) of subsection (A) of this section. Further, within forty-five days of receipt of such notification from the department, the host local government for the proposed site shall as outlined in paragraphs (1), (2), and (3) of subsection (A) of this section 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) of this section, 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.
(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 to negotiate, the host local government shall notify the petitioners by publication as provided in paragraphs (1), (2), and (3) of subsection (A) of this section; shall notify the permit applicant, if different from the host local government, and the department that the negotiation process is being initiated; and shall set a date 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.
(I) The petitioning persons shall select up to ten members, at least eight 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) of this section, there shall be no fewer than three negotiation meetings within the following forty-five day period unless waived by consent of the parties. Such negotiation meetings shall be presided over by the facilitator named in subsection (J) of this section 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 paragraphs (1), (2), and (3) of subsection (A) of this section and shall include the date, time, and place of a public meeting to be held within ten days after publication at which the input of persons not represented by the citizens facility issues committee may be received.
(O) The negotiated concessions reached by 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 shall be adopted by resolution of the host local government.
(P) If the negotiating parties fail to reach consensus on any issue or issues, the permit applicant may nonetheless 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.
(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.
(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."
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 shall may dump, throw, drop, deposit, discard, or otherwise dispose of litter or other solid waste upon any public or private property or waters in the State or upon private property in this State or in the waters of this state whether from a vehicle or otherwise, including, but not limited to, any a public highway, public park, beach, campground, forest land, recreational area, trailer park, highway, road, street, or alley except:
(1) when such the property is designated by the State for the disposal of litter and other solid waste and such the person is authorized to use such the property for such that purpose;
(2) into a litter receptacle in such a manner that the litter will be is prevented from being carried away or deposited by the elements upon any part of such the private or public property or waters.
(B) Responsibility for the removal of litter from property or receptacles shall be is upon the owner of the property or upon the owner of the property where the receptacle is located.
(C)(1) Any A person violating 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 any a fine and for each offense under the provisions of this item, the court must shall also impose a minimum of five hours of litter-gathering labor or other such 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 any a fine and for each offense under the provisions of this item the court must shall also impose a minimum of five hours of litter-gathering labor or other such 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) No part of any fine imposed pursuant to items (1) or (2) of this subsection may be suspended.
(4) (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 such form of public service as the court 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.
(5)(4) For a second and subsequent conviction 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 any fine.
(6) (5) In addition to any other punishment authorized by this section, in the discretion of any 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.
(7) Notwithstanding any other provision of law, magistrates and municipal courts have jurisdiction to try violation of this section.
(D) In addition to the fines provided for in subsection (C) 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 county general fund 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.
(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, and not for commercial purposes, is guilty of a misdemeanor punishable by a fine of 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 or one hundred cubic feet is guilty of a felony punishable by a fine of not less than five hundred dollars nor more than one thousand dollars, or by imprisonment not to exceed 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 any 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 or more than one hundred cubic feet 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 county general fund 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."
SECTION 3. Chapter 7, Title 12 of the 1976 Code is amended by adding:
"Section 12-7-1255. Recycling equipment tax credit.
(A) A taxpayer who places in service or modifies qualifying recycling equipment for recycling post-consumer solid waste materials or recovered materials shall be entitled to a credit against the income taxes imposed by this chapter in an amount equal to fifty percent of the installed cost of the qualifying recycling equipment. The amount of credit claimed in any taxable year shall not exceed fifty percent of the tax liability which would be otherwise due or one hundred thousand dollars, whichever is less.
(B) Not later than one year after the effective date of this section, the South Carolina Tax Commission, with technical assistance from the South Carolina Department of Health and Environmental Control, shall promulgate regulations implementing this section, which must include criteria for determining the recycling equipment which qualifies for the recycling equipment tax credit. The commission also shall establish a precertification procedure so that equipment is certified as qualifying recycling equipment before a taxpayer places equipment in service or modifies equipment.
(C) If, during any taxable year any equipment taken into account in determining the credit in subsection (A) ceases to be qualifying recycling equipment, then the tax under this chapter for such taxable year shall be increased by the amount of the credit originally claimed with respect to such property, multiplied by the recaptured percentage. For the purposes of this subsection the recapture percentage which is applicable when property ceases to qualify as recycling equipment shall be determined in accordance with the following table:
(a) one full year after being placed in service 100%
(b) one full year after the close of the
period described in clause (a) 80%
(c) one full year after the close of the
period described in clause (b) 60%
(d) one full year after the close of the
period described in clause (c) 40%
(e) one full year after the close of the
period described in clause (d) 20%
(f) one full year after the close of the
period described in clause (e) 0%
The amount of the increase in the tax shall be reduced by the amount of unused credits which may be carried forward or carried back to the taxable year in which the property ceases to be qualifying recycling equipment. Such unused credits shall be determined under subsection (D).
(D) If the sum of credit carryforwards and carrybacks to the taxable year plus the amount of the current year credit for the taxable year exceeds the amount of the limitation imposed by subsection (A) for such taxable year (hereinafter referred to as the 'unused credit year'), the excess shall be a credit carryback to each of the three taxable years preceding the unused credit year and a credit carryforward to each of the fifteen taxable years following the unused credit year. The limitation imposed by subsection (A) shall be determined each taxable year by considering credits in the following order:
(1) credit carryforwards;
(2) current year credits;
(3) credit carrybacks.
Such credit carrybacks shall not be made to any taxable year which ends prior to the effective date of this section.
(E) Application Procedure. The credit shall be claimed on the taxpayer's income tax return for the taxable year in which the qualifying recycling equipment is placed in service, in a manner to be described by the Tax Commission.
(F) The tax credit provided in (A) must be reduced or eliminated by the amount of any funds from the Solid Waste Management Trust Fund or Grant Program used to purchase or lease qualifying recycling equipment."
SECTION 4. 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.
SECTION 5. The General Assembly finds that the combustion of refuse by solid waste management facilities to supplement the electricity supply is an effective energy conservation effort and is an environmentally preferred alternative to conventional solid waste disposal. Therefore, the South Carolina Public Service Commission is 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 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 shall report the alternatives explored and the advantages and disadvantages of each alternative and recommend a program for implementation in South Carolina. The report shall be made to the Governor, General Assembly, and Joint Legislative Committee on Energy. Agencies of the State of South Carolina are directed to assist and work with the Public Service Commission in the commission's review of alternatives which would be, in whole or in part, within the jurisdiction, management, control, supervision, or administration of the agency.
SECTION 6. Analysis lines following each code section in this bill are for informational purposes only and are not part of the code itself.
SECTION 7. This act takes effect upon approval by the Governor, except that Section 12-7-1255 of the 1976 Code, as added by this act, is effective for taxable years beginning on or after January 1, 1990, but any credit attributable to a taxable year beginning in 1990 must be claimed on the return due for the taxable year beginning in 1991./
Renumber sections to conform.
Amend title to conform.
Rep. L. MARTIN raised the Point of Order that Amendment No. 1, the Committee Report dated May 9, 1990, was out of order as it was not in compliance with Rule 5.9 which states that every Committee Report which amends the provisions of legislation referred to such Committee shall give the full text of the Section or clearly identifiable subdivision or portion of a Section as it would read with such amendment inserted therein. He further stated that Subsection F and Sections 3 and 5 of the Committee Report were not in the Senate version of the Bill and Section 7, the approval section by the Governor, had new languages added in it.
The SPEAKER stated that if the Committee Report had said add the word 'to' to Section 5, then it would not be in compliance with Rule 5.9, but the Committee Report only said to strike all enacting words and so it did comply with Rule 5.9 and he overruled the Point of Order.
Rep. L. MARTIN further raised the Point of Order that the Committee Report was out of order as it was not in compliance with Code Section 2-7-110 which states "that any bill or resolution that is introduced in the General Assembly requiring the expenditure of funds by a county, municipality, special purpose district, etc. shall affix thereto a statement of estimated fiscal impact and cost of the proposed legislation and prior to reporting the bill out of committee, if the amount is substantially different from the original estimate, the committee chairman shall cause a revised statement of the estimated fiscal impact of the bill to be attached to the bill. As used in this section, statement of estimated fiscal impact means the opinion of the person executing the statement as to the dollar cost to the county, municipality, special purpose district, or school district for the first year and the annual cost thereafter." He further stated that the estimated cost to the counties to be under the provisions of this legislation was not reflected the first year and years thereafter in the Bill as required by this statute.
The SPEAKER stated that the fiscal impact statement that was attached to the Bill clearly stated some projections on dollars on fees that would be generated in revenues and there were attached statements from the principal author of the Bill and the chairman of the Senate Committee and that it would be impossible to estimate the actual impact with any certainty and in addition, there was a statement of estimated fiscal impact from the state budget bill which has the first year and the second year and it said that you could not tell what the impact would be thereafter.
Rep. L. MARTIN further stated that the cost, as the statute required, had not been estimated satisfactorily to the counties involved.
The SPEAKER further stated that the statute said 'in the opinion of the person executing the statement' and that he could not control that and he overruled the Point of Order.
Rep. KEYSERLING explained the amendment.
Reps. J.W. JOHNSON and McCAIN spoke in favor of the amendment.
Rep. L. MARTIN raised the Point of Order that the Bill was out of order under Article III, Section 15 of the Constitution which states that bills raising revenue shall originate in the House of Representatives, but may be altered by the Senate. He further stated that the Bill substantially raised revenue in the form of various taxes and fees imposed and that it had originated in the Senate and therefore, was in violation of the Constitution. He further stated that Page 1182-57, Line 19 of the Bill stated that "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 35 of Title 12" which was the revenue mechanism provided for in the Code.
Rep. McTEER inquired about whether or not the Point of Order was being raised because the House had put revenue in the Bill since it came over from the Senate.
The SPEAKER stated that the version of the Bill that Rep. Martin was citing was from the Committee Report and he requested him to find the citing in the Senate version of the Bill.
Rep. L. MARTIN cited Page 131 of the Senate version of the Bill.
Rep. McTEER stated that the purpose of the Bill was to decrease the amount of waste which is landfilled in South Carolina and begin a recycling program. He further stated that the Attorney General's opinion to the part of the Constitution cited stated that the Constitutional requirement that revenue bills shall originate in the House only applied to bills to levy taxes in the strict sense of the word and not to bills for other purposes which may incidentally raise revenue and that is what this Bill did.
Rep. STURKIE stated that the revenue aspect of the Bill was an integral part of this legislation. He further stated that the Beach Bill had an accommodations tax which probably could have been argued to have been an indirect appropriation of money.
The SPEAKER stated that a Point of Order had been raised on that particular Bill that it should go to the Ways and Means Committee and it did so.
Rep. McTEER moved that the House recede until 1:30 P.M.
Rep. CARNELL moved that the House do now adjourn.
Rep. BOAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Brown, H. Carnell McAbee Simpson
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Barber Barfield Bennett Blackwell Blanding Boan Brown, G. Bruce Burch Chamblee Clyborne Cole Cooper Cork Corning Davenport Derrick Elliott Faber Fant Farr Felder Gentry Gordon Gregory Harris, J. Harris, P. Haskins Hayes Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kinon Kirsh Klapman Kohn Koon Lanford Limehouse Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McBride McCain McEachin McElveen McGinnis McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rhoad Rudnick Sheheen Short Smith Snow Sturkie Tucker Vaughn Waites Waldrop Washington Wells Whipper Wilder Wilkes Wilkins Winstead Wofford Wright
So, the House refused to adjourn.
Rep. J.W. JOHNSON moved that the House recede until 2:15 P.M.
Rep. FELDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Bailey, J. Baker Barber Bennett Blackwell Blanding Boan Brown, J. Bruce Burch Clyborne Cole Cooper Cork Corning Derrick Faber Fant Gentry Gordon Gregory Hallman Harris, J. Harwell Hendricks Hodges Johnson, J.W. Kay Keesley Keyserling Kinon Klapman Lanford Littlejohn Manly Mappus Martin, D. Mattos McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod McTeer Nesbitt Nettles Quinn Rudnick Sharpe Sheheen Short Simpson Smith Snow Townsend Tucker Waites Washington Whipper Wilder Wilkes Wilkins Winstead Wright
Those who voted in the negative are:
Altman Bailey, G. Barfield Baxley Brown, G. Brown, H. Carnell Chamblee Corbett Davenport Elliott Fair Farr Felder Glover Harris, P. Harvin Haskins Hayes Holt Huff Jaskwhich Johnson, J.C. Keegan Kirsh Koon Limehouse Martin, L. McAbee Moss Neilson Phillips Rama Rogers, T. Sturkie Vaughn Waldrop Wells Wofford
So, the motion to recede until 2:15 P.M. was agreed to.
Further proceedings were interrupted by the House receding, the pending question being consideration of the Point of Order.
At 2:15 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The SPEAKER granted Reps. WALDROP, P. HARRIS and BLACKWELL a leave of absence for the remainder of the day.
Debate was resumed on the following Bill, the pending question being the consideration of the Point Of Order.
S. 1182 -- Senators Moore, Land, Nell W. Smith, Saleeby, Leatherman, Peeler, Drummond, Stilwell, Bryan, Pope, Lourie, Williams, Waddell, Horace C. Smith, Hinds, O'Dell, McLeod, J. Verne Smith, Rose, Giese, Wilson, Fielding, Thomas, Setzler, Passailaigue, Hayes, Long, Martschink, Macaulay, Mitchell, Mullinax, Shealy, Hinson, Courson, Holland, Patterson, Lee, McGill and Helmly: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 95 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, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS OF THE LITTER LAWS; AND TO AMEND SECTION 56-1-720 SO AS TO ASSIGN POINTS FOR THE DUMPING OF LITTER ON PUBLIC OR PRIVATE PROPERTY OR WATERS; AND TO AMEND CHAPTER 7 OF TITLE 12 RELATING TO THE TAX LAWS BY ADDING SECTION 12-7-1255 TO PROVIDE A TAX CREDIT FOR QUALIFIED RECYCLING EQUIPMENT.
Rep. McTEER: "Looking over the Constitution and the Attorney General's opinion over lunch, it is clear, as we said before lunch that just because it has fees in it, that that itself is not enough to make it unconstitutional. In addition, in all of the Attorney General's opinions, never has it mentioned that the amount of money itself has anything to do with it. What it always comes down to, in the opinion, is what is the purpose of the money. Is it for the general fund of the state or is it for particular purposes as designated in the Bill? What all of the Attorney General's opinions say is that a Bill raising revenue cannot start in the Senate if the money is sent to the general fund of the state and used for other purposes, but is no prohibition against this, if this money is just a fee which goes back to the entities which are using it. Specifically, it says that of two opinions. First, that in 1985, which says that for the Constitutional provision to be applicable is generally recognized that the Bill in question must have the purpose of increasing the funds for meeting the general government needs by a compulsory imposition without giving direct and immediate equivalent and return for the payment thereof and of course, this does give a direct payment back to the counties and does not meet the general need funds of the state."
SPEAKER SHEHEEN: "There is, however, an allowance of 25 percent for state purposes for the administration of the trust fund, so, it does meet some general purpose needs of the state, is that not correct?"
Rep. McTEER: "That would be, not really, because it doesn't meet general purpose needs of the state. Those would all go back to fulfilling this specific act and not just money. They would also be incidental. That amount of money would not be very much. A little more, along the same lines, where the court said to qualify the Bill was in the purview of deciding the Constitutional provision, at least the revenue derived from the tax imposed should be coverable and to the treasury of the effective solvent, which would be the State of South Carolina for its own general governmental usage. That, clearly, is not what this does. It is created specifically for the uses of this act and not for the general uses of the state."
SPEAKER SHEHEEN: "Of course, Mr. McTeer, on that point, this Bill is enacting under the general police power of the state to regulate health and welfare. It seems to me, you can't say that the money is not going to be used in the pursuit of those general governmental purposes. If we can't pursue this as a general governmental purpose under the promoting of the health and welfare of the people of the State of South Carolina under the recognized police power, then you have got a real problem. I understand the distinction that has been drawn and I understand the distinction that you have made on fees versus general revenues."
Rep. McTEER: "No sir, fees have nothing to do with it. It doesn't matter whether it is fees or whether it is an appropriation. The point is that the Attorney General's opinions came from the fact that the money in these opinions went back to a particular county for some purposes stated in the Bill and not to run the general operation of the state fund."
SPEAKER SHEHEEN: "No, that is not true. The fee in Coleman vs. Lewis was auto license tag fee."
Rep. McTEER: "That wasn't the one that I was quoting from."
SPEAKER SHEHEEN: "No, you were quoting from State vs. Stanley, which was a penalty on furbearing and trapping. I'm not talking about the opinion, I'm talking about the case. I went back and read the case that they relied on. I'm not talking about the Attorney General's opinion."
Rep. McTEER: "I was reading Michael vs. Philadelphia School District."
SPEAKER SHEHEEN: "You are talking about Philadelphia and Pennsylvania. I am talking about South Carolina."
Rep. McTEER: "The Attorney General of South Carolina was quoting that state."
SPEAKER SHEHEEN: "I've got precedent in South Carolina to rely on and I'm going to use that over Philadelphia, Pennsylvania."
Rep. McTEER: "What makes this distinct from so many other things is that this money, all of an incidental portion of it is going back to the counties and for that reason...it is not going to the general fund of the state and would not fall under this section of the article of the Constitution."
SPEAKER SHEHEEN: "That is a pretty tight analysis, but I may accept it."
Rep. KLAPMAN: "Mr. Speaker, I would like to call the attention of the Body that we don't always run helter skelter to agree with the Attorney General's opinion in this state. Counties don't do it always and this Body on many, many times has voted differently than the Attorney General's opinion. That is not Constitutional law, the Attorney General's opinion is not."
SPEAKER SHEHEEN: "You want to call that to my attention or to the Body."
Rep. KLAPMAN: "To all the people of South Carolina."
Rep. L. MARTIN: "I would only add, in contrast to what Mr. McTeer's just argued, that it is, indeed, a revenue. It is a revenue that is being imposed literally on the entire population of South Carolina because everybody has wastes to dispose of, trash. Everybody is directly or indirectly going to pay this tonage fee that is going to be required under the provisions of this bill."
SPEAKER SHEHEEN: "Well, let me ask you a question on that point. Suppose, it levied a $25 fee for every ton of garbage that was disposed of in a landfill in South Carolina and that $25 was paid to the owner of the landfill. Would it still, in your opinion, violate the section of the Constitution which you cited and raised the Point of Order on?"
Rep. L. MARTIN: "Is that the only landfill in the state?"
SPEAKER SHEHEEN: "I said whatever landfill. A $25 fee would be imposed on every ton of garbage disposed of in a landfill and that fee would be paid to the owner of the landfill and kept by the owner of the landfill. But, it would be imposed by the legislation. Would it still violate that code in the Constitution?"
Rep. L. MARTIN: "I don't think so. Are you still having heartburn about the time that it has been?"
SPEAKER SHEHEEN: "I've got heartburn on two points. One of them, I will tell you is that the cases in South Carolina and I think there are only two that deal directly with the issue. One of them is State Ex Rel Coleman vs. Lewis in 1936 and the other one is State vs. Stanley, which is a 1925 case. I don't think the Stanley case applies in this instance. The point was litigated in that case over whether the penalties imposed for violation of certain trapping laws and were subsequently dispersed as a result of impositions of those penalties if you got convicted or fined, didn't violate this provision that this bill originated in the Senate. But, I don't think that this is an analogy to this one. The court spoke pretty clearly in State Ex Rel Coleman vs. Lewis when it recognized that the House had the exclusive authority under the provision of the Constitution for revenue raising measure, it said that a bill requiring a payment, for instance, of an annual motor license tag fee is not within the perview of that section of the Constitution and it is not a bill designed to raise revenue in the Constitutional sense. Recognizing that, and knowing that we have more than two million registered vehicles in South Carolina who pay an annual license tag fee, if the court is going to take that, then you are going to have a lot of trouble from that State Ex Rel Coleman vs. Lewis. You are winning, Mr. McTeer, never talk to the judge when you are winning."
Rep. L. MARTIN: "I would only revert to my earlier statement that had to do with the idea unlike the case that you just cited. Everybody may not have an automobile, but everybody in South Carolina has to dispose of garbage."
SPEAKER SHEHEEN: "But, everybody in South Carolina is not going to pay this fee, only the people that carry it to the dump.
Rep. L. MARTIN: "Well, it will be extrapolated in terms of millage to the municipalities in regards to...You've got tire charges, battery charges, refrigerators, stoves, freezers. Everything that everybody in South Carolina has some point in time has to purchase."
SPEAKER SHEHEEN: "Only the people who pay the fee are the people who dispose of garbage within the landfill."
Rep. L. MARTIN: "Let me carry on one thing. The concept that once the county...In my county, for instance the county owns the landfill, the municipalities contract with the county to dump in that landfill."
SPEAKER SHEHEEN: "What has that got to do with the Point of Order?"
Rep. L. MARTIN: "It generally raises revenue on everybody."
SPEAKER SHEHEEN: "It doesn't matter if it raises revenue on one person or 300,000 people. If it matches that test, then the number of people upon whom it raises revenue doesn't matter."
Rep. L. MARTIN: "It is required in this Bill, Mr. Speaker, that every piece of trash in this legislation be disposed of in accordance with this Bill that fees will be charged and everybody generates the various articles to be disposed of."
SPEAKER SHEHEEN: "Number of people does not make a difference. It doesn't matter on this Point of Order. You have got to accept that in my ruling on it."
Rep. L. MARTIN: "But, it is revenue being raised to fund the provisions of this Bill."
SPEAKER SHEHEEN: "I accept your Point of Order on that, but whether it applies to one person or all 3,300,000 people does not help you or hurt you."
Rep. HASKINS: "You said, a minute ago, that the only people paying are the ones that are doing the dumping."
SPEAKER SHEHEEN: "The people who dispose of things in the landfill. The people who buy tires, who buy batteries, there are six different categories."
Rep. HASKINS: "So, it is anybody who purchases tires or refrigerators, so, it is actually a use tax and it is administered according to the Bill in the exact same manner as sales and use taxes so it has to fall into that category."
SPEAKER SHEHEEN: "How does it?"
Rep. HASKINS: "It is a use tax. It is the use of those goods. When you purchase those goods, you have to pay that tax."
SPEAKER SHEHEEN: "Which section of the Bill, do you think, relates..."
Rep. HASKINS: "There are five sections. Section 44-95-170 on page 163 of the Senate Bill."
SPEAKER SHEHEEN: "You are talking about the one and one-half dollar fee, the tire disposal fee?
Rep. HASKINS: "Beginning on line 4 of page 163, the Tax Commission shall collect the tire disposal fee in the manner that sales taxes are collected pursuant to Chapter 35 of Title 12."
SPEAKER SHEHEEN: "That just means filing a monthly statement from the fellow who sells and he remits the money."
Rep. HASKINS: "The same provision applies on every one of those special taxes, the batteries, the oil, all of them. That is a general tax levied on anyone in this state who purchases those goods. If that were not true, then an accommodations tax could originate in the Senate because the only people you would be taxing would be those who only actually use rooms. In this case, this is a general tax. It is a sales tax, it is a tax on the sale of those goods and it applies across the board. It is specifically to be treated as a sales tax."
SPEAKER SHEHEEN: "A sales tax is a percentage tax. This is a fee imposed on the item. Every sales tax I know about and every use tax I know about is a percentage tax."
Rep. HASKINS: "Is your distinction then, the manner in which the revenue is calculated?"
SPEAKER SHEHEEN: "No, I'm telling you about every sales tax that I ever knew and I don't know about them all."
Rep. HASKINS: "This tax, wouldn't you agree, is levied on the sales?"
SPEAKER SHEHEEN: "It is levied on the item."
Rep. HASKINS: "It is levied on the sale of the item."
SPEAKER SHEHEEN: "The tax is levied on the item. When you walk in the door, that tax is there. It is built into the price of the item."
Rep. HASKINS: "That is not the way it says it is supposed to be done in the Bill."
SPEAKER SHEHEEN: "It says it is collected by the Tax Commission. You are talking about collection by the merchants and the Tax Commission is getting a report from the merchant."
Rep. HASKINS: "It says the Tax Commission shall collect the fee in the manner in which the sales tax is collected."
SPEAKER SHEHEEN: "There is a difference between collection and imposition. In this instance, sales tax is imposed as a percentage that is collected by the Tax Commission as a result of the filing of a monthly report."
Rep. HASKINS: "The Bill imposes a fee on the sale."
Rep. LIMEHOUSE: "You talk about the percentages of the sales tax...we have a flat fee on automobiles once they get over a certain price that that $300 cap is the imposition of a flat fee on sales tax over and above on, I think over $6,000. So, we do have a flat fee that is on certain sales and that merely, by calling it a fee, are you going to rely on the name fee?"
SPEAKER SHEHEEN: "That really has no bearing on the interpretation on whether or not this violates Article III, Section 15 no matter what I call it. The question is whether or not it raises revenue in violation of that section of the Constitution under the interpretation of the cases in South Carolina. You can call it a fee, a tax or whatever, as long as it violates that section, it should originate in the House, and if it doesn't violate that section under the case interpretation, then it is okay for it to come from the Senate."
Rep. STURKIE: "In going back to your analogy, there was only one...In other words, if the fee totally went back to that private operator of the landfill..."
SPEAKER SHEHEEN: "Is that the question I asked Mr. Martin?"
Rep. STURKIE: "Yes and I'm not answering that. I just want to pose the situation under this legislation, I think, a new department is established, a state department, if I'm not misunderstanding."
SPEAKER SHEHEEN: "No, a division within DHEC is established."
Rep. STURKIE: "My point is that if all of the money was going back to the counties, I may agree with you that Mr. Martin's arguments may not hold water, however, all of this money does not go back to the counties. The state does benefit from that. It does have the additional 75 employees that are state employees and were it not for this tax imposed, they would not be added. This is a tax and it raises revenue which comes back to the state to implement this policy that the state is going to implement by this legislation and if it were not for the fact that the money was coming back, to the state for administration cost, then this program as it is set up here could not function."
Rep. J.W. JOHNSON: "I would like to make one response to Mr. Martin's Point also, and that is that it comes too late. It is my understanding that anytime that the point has been raised previously it has been raised prior to or after first reading of the Bill, before the House has taken possession of the Bill and it has been assigned to a committee and that the point being raised at this time comes too late."
Rep. HASKINS: "In addition, that it is probably inappropriate to raise a Point of Order while a Point of Order is being considered, I would point to Mason's..."
SPEAKER SHEHEEN: "What Point of Order has been raised?"
Rep. HASKINS: "The Point that the Point of Order comes too late."
SPEAKER SHEHEEN: "He is only speaking to the Point."
Rep. HASKINS: "According to Mason's, there is no time provision in the House rules that I could find, but in Mason's, Chapter 25, Section 241, under when a Point of Order may be raised, in Section 1 it says that when the question relates to a violation of the Constitution or statute, such as the requirement of three readings of bills, the question can be raised so long as the measure is within the control of the Body. There is no time issue when it is a Constitutional or statutory question."
SPEAKER SHEHEEN: "We only look to Mason's when there is not some precedent in the House or some ruling which speaks to that Point."
Rep. L. MARTIN: "On the issue of timeliness, a Point of Order was not ever raised or any basis given for having raised those Points of Order on the two Mr. McLellan raised and the one you raised earlier and timeliness as far as I know has never been raised. I would only suggest that at first reading when a bill is read across the desk from the Senate, we can't debate it, we can question reference or raise a Point of Order, but other than that, we really can't debate it or really even know what it is in it. Only on second reading of the Bill, can we determine what it is the Bill as having been reported out of committee. Finally, if the introduction of this Bill is violative of the Constitution and I think it is, then having come from the Senate as a revenue raising measure it is as much out of order today as it was the day that it was introduced in the Senate and later, it would be just as violative if we were to pass it as being a revenue raising measure that originated in the Senate."
SPEAKER SHEHEEN: "How about those bills which we pass and override the Governor's veto which he says are violative of the Constitution dealing with local water and fire districts. I've got two concerns. First, I think that the House deserves the right to know when the title is read across the desk, if I am going to impose a timeliness feature, to be informed from the title of the Bill that it does generate revenue so that they can raise the Point. I am sympathetic to your cause as the title as it came from the Senate, that the only thing that referred to fees or tax laws was a tax credit for recycling. So, the House could not have been put on notice at that point, just by merely reading the title. I do think that the imposition of fees in five different categories ought to cause us some concern because we have been very careful to guard the House's perogative under the Constitution. Imposing the timeliness feature, which I discussed with you over the lunch break, I'm worried about that, but at the same time, ...The only time that Bills have ever been sent back to the Senate in my 14 years, was when the Point was raised when the title was read across the desk and we returned the bill to the Senate and said we would not accept the bill from you because it is a revenue raising measure and should originate in the House. Once we accept the Bill from the Senate, which we did, we sent it to a committee, and we then, brought it out of committee on a committee report, put it on the calendar, the House itself voted to set it for Special Order after the Rules Committee voted and passed a resolution. How do we get it back to the Senate now? A bill has to have some final destination. The final destination in every other instance has been to return it to the Senate and not accept it. I don't have an unconstitutional drawer or improperly drawn drawer. A bill has to have some disposition in the Journal. I have given it first reading and accepted it from the Senate. I am worried that the only occasion that I can find the point being sustained previously and I will admit to you, prior to me assuming Speaker, there are few and far between, I don't whether or not the Senate got frisky after I became Speaker and starting sending all of these bills over here or whether nobody raised the Point of Order. There are two bills from last year which the point was raised on first reading and they were returned to the Senate. They dealt with sales tax exemptions. There was a bill from Senator Verne Smith which reduced witholding tax on the worker's compensation and it was returned to the Senate. There was a bill by Senator Land dealing with sales tax exemptions on proceeds of electricity using poultry production. I returned that, too. In all those instances the Point was raised before the House accepted the bill. I don't know that a member under those circumstances ought to be able to thwart the will of the Body by waiting to raise the Point of Order. The Body accepting the Bill, acting in committee upon the Bill, voting in Rules Committees to set the bill for Special Order and adopting the resolution and putting it on the calendar bothers me."
Rep. L. MARTIN: "I understand your concern. Procedurally, how do you physically get it back? We send each other messages all the time."
SPEAKER SHEHEEN: "We've accepted it and given it first reading and I can't cancel that."
Rep. L. MARTIN: "The same way that you would rule on second reading on any other Constitutional matter of a House bill."
SPEAKER SHEHEEN: "I rarely rule on Constitutional matters, as you know, they are very restrictive. If, for instance, in my opinion, if a bond bill was read across the desk of the House in an odd numbered year, you would have to raise it at first reading."
Rep. L. MARTIN: "I would only conclude by suggesting that a member's right is one of the highest rights, that as members of the House we would enjoy and procedurally there is a way to send that bill back. And on page 41 of Mason's, it says the highest right a member of a Body can exercise and I exercise that right today."
Rep. HASKINS: "As you pointed out, we are governed by the House rules and beyond that, we are governed by precedent and then we go to Mason's and there are two precedents in this case. I understand when the Point of Order was raised on first reading that the Speaker said there is no precedent that the Point of Order cannot be raised on second, and there is no precedent that says it has to be raised on first reading, nor is there a House rule. In Mason's, Section 241, on procedural questions, it is too late as soon as the particular point has been passed or the next business is taken up, but on subsequent questions, such as amendments on the bill not being germane may be raised so long as the bill or proposition is in control of the body and also, when the question relates to a violation of the Constitution or statute, then that question can be raised so long as the measure is in the control of the Body. If there is no House Rule, or precedent, then we have to go to Mason's."
SPEAKER SHEHEEN: "There are precedents in other places and this State Ex Rel Coleman vs. Lewis speaks to the point, that as long as the rules and regulations and the methods of procedures that are adopted by each House have a reasonable relation to orderly processing of legislation, then you will allow them to do that. I don't think that it is an unreasonable requirement to say that if you want to raise the Point, then you have got to do it on first reading in order to protect the expenditure of time, effort and decision-making process by the members of the House. The House has spoken to the Bill by setting it for Special Order. We sent it to Ways and Means on a Point of Order that it dealt with money, as I recall. To say, as the case said, it is no impeachment of that process or regulation to say that there might be a better or more accurate or more just way to do it as long as the Body is following an orderly procedure. It may impose a heavier burden on me and you, as members, to be more careful when the bills are read across. When the House has clearly spoken that it wants to deliberate the bill, I don't know that if you were the only person to reject the consideration of the Bill today, I don't know that you should be able to thwart the will of the Body after we have accepted the possession of the Bill and acted on it."
Rep. HASKINS: "Is the ruling that the will of the Body supercede the Constitutional provision or is the will of the Body to supercede the Rules?"
SPEAKER SHEHEEN: "I will tell you the ruling when we finish talking about it."
Rep. SIMPSON: "I think it has been said that this Bill raises revenue and it is collected in the same way, so if this Point of Order is overruled, then would it be true that the Senate could raise fees or taxes in a similar devious manner?"
SPEAKER SHEHEEN: "It would depend on which basis that I overrule the Point of Order, if I overrule. Mr. Martin, I am going to overrule the Point of Order on the timeliness issue. I think you are correct in the substance of the Point that you made. I think the fees that are imposed do raise revenue and are dedicated at least partially to a public purpose and to general administrative purposes of state government. I do think, however, that the House has accepted the Bill, when it did so on first reading, the Committee had acted upon it and I believe that that is a reasonable restriction on the House members to impose on them the obligation that they be attentive at first reading to raise the Point of Order. The only instances in which bills have been returned to the Senate during my tenure as Speaker and I can find no other provision or ruling prior on that Point of Order and the only time bills have been returned have been at first reading. So, I overruled the Point of Order on the timeliness issue."
Rep. DAVENPORT moved to continue the Bill.
Rep. J.W. JOHNSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Brown, H. Bruce Carnell Chamblee Cole Cooper Davenport Fair Farr Felder Foster Harwell Haskins Hendricks Huff Kay Kinon Kirsh Klapman Lanford Littlejohn Martin, L. McAbee McLeod Neilson Nesbitt Phillips Sharpe Simpson Sturkie Taylor Townsend Tucker Whipper Wilder Wofford Wright
Those who voted in the negative are:
Alexander, M.O. Altman Bailey, J. Bailey, K. Baker Barber Barfield Baxley Bennett Blanding Boan Brown, G. Burch Clyborne Corbett Cork Derrick Elliott Gentry Hallman Harris, J. Harrison Hayes Hodges Jaskwhich Johnson, J.C. Johnson, J.W. Keegan Keesley Keyserling Kohn Limehouse Manly Mappus Martin, D. Mattos McCain McEachin McElveen McGinnis McKay McLellan McTeer Moss Nettles Quinn Rama Rhoad Rogers, T. Rudnick Sheheen Short Smith Snow Stoddard Vaughn Waites Washington Wilkes Wilkins Winstead
So, the House refused to continue the Bill.
Debate was resumed on Amendment No. 1 by the Committee on Ways and Means.
Rep. L. MARTIN spoke against the amendment.
Rep. LIMEHOUSE raised the Point of Order that the Bill was out of order as it was in violation of Article III, Section 17 of the Constitution in that the title of the Bill did not adequately reflect what it was required to and that there were numerous case laws which stated that the object of this Constitutional provision was to prevent deception of the public as well as to prevent legislative log rolling as well as to inform the people of this State of the matters in which the General Assembly concerns itself.
The SPEAKER stated that that section of the Constitution stated that every act or resolution shall relate to but one subject and that shall be expressed in the title. He further stated that the Bill, according to the title, added Chapter 95 to establish the policy of the State regarding solid waste and to provide for the management of solid waste, to increase penalties for the violation of the litter laws and to assign points for dumping litter on public or private properties and to amend one of the tax laws by creating one of the tax laws by creating a tax credit for qualified recycling equipment. He further stated that the fees that were imposed were in furtherance of the solid waste and the management of solid waste and it was not required that there be an inventory in the title of the Bill, or an index, only that the act deal with one subject as the statute says and that all the provisions are in pursuant of that stated subject matter.
Rep. LIMEHOUSE, citing the 1980 case of Hercules vs. the South Carolina Tax Commission, stated that they were addressing the General Appropriations Act being the title of the Bill and the test was fair notice of what was in the Bill. He further stated that the title of this Bill did not give fair notice of what was in the Bill.
The SPEAKER stated that every provision in the Bill dealt with the subject of solid waste and the management of it.
Rep. MAPPUS then stated that the entire title of the Bill was not read when it was introduced.
The SPEAKER stated that sometimes only part of the title of a bill was read, but in this case, it would have to be proven that it was not read and he overruled the Point of Order.
Rep. WINSTEAD inquired about the entire title of the Bill being read on first reading and after the previous ruling, was it now correct to only raise a Point of Order on a bill being out of order as orginating in the Senate on first reading only.
The SPEAKER stated that the Constitution provided that the bills be read by title only on first reading and that if a Point of Order was going to be raised on a bill being out of order as it came from the Senate, then it should be at first reading before the House accepted it.
Rep. L. MARTIN continued speaking.
Rep. LIMEHOUSE moved that the House do now adjourn.
Rep. J.W. JOHNSON demanded the yeas and nays, which were not ordered.
The motion to adjourn was agreed to by a division vote of 61 to 37.
Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 1.
The Senate returned to the House with concurrence the following:
H. 5119 -- Reps. T.M. Burriss, J. Brown, M.D. Burriss, Corning, Faber, Harrison, McBride, Quinn, T. Rogers, Taylor and Waites: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. GRADY WALLACE OF COLUMBIA IN RICHLAND COUNTY FOR THIRTY YEARS' DISTINGUISHED SERVICE WITH THE PAROLE AND PARDON SYSTEM UPON THE OCCASION OF HIS RETIREMENT AND WISHING HIM HAPPINESS AND GOOD HEALTH IN HIS FUTURE ENDEAVORS.
H. 5120 -- Reps. Glover, Nettles, McEachin, McKay, Kinon and Harwell: A CONCURRENT RESOLUTION TO CONGRATULATE DR. WALTER DOUGLAS SMITH OF FLORENCE UPON RECEIVING THE "OUTSTANDING OLDER SOUTH CAROLINIAN OF THE YEAR" AWARD BY THE SOUTH CAROLINA COMMISSION ON AGING.
H. 5121 -- Rep. Harvin: A CONCURRENT RESOLUTION EXTENDING CONGRATULATIONS AND BEST WISHES, ON BEHALF OF THE PEOPLE OF THE STATE OF SOUTH CAROLINA, TO THE HONORABLE LEE TENG-HUI AND THE HONORABLE LI YUAN-ZU UPON THEIR UPCOMING INAUGURATION AS PRESIDENT AND VICE PRESIDENT, RESPECTIVELY, OF THE REPUBLIC OF CHINA.
At 3:25 P.M. the House in accordance with the motion of Rep. LIMEHOUSE adjourned to meet at 10:00 A.M. tomorrow.
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