Current Status Introducing Body:House Bill Number:4112 Primary Sponsor:D. Martin Committee Number:20 Type of Legislation:GB Subject:Public health and safety, protection of Residing Body:House Current Committee:Agriculture, Natural Resources, and Environmental Affairs Companion Bill Number:1100 Computer Document Number:436/11956.DW Introduced Date:Jan 14, 1992 Last History Body:House Last History Date:Jan 14, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:D. Martin Whipper Type of Legislation:General Bill
Bill Body Date Action Description CMN
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4112 House Jan 14, 1992 Introduced, read first time, 20
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 113 TO TITLE 44 SO AS TO PROVIDE FOR THE PROTECTION OF PUBLIC HEALTH AND SAFETY AND THE ENVIRONMENT CONCERNING INDUSTRIAL FACILITIES IN WHICH HAZARDOUS SUBSTANCES ARE USED, STORED, OR MANUFACTURED; CREATE A SYSTEM OF REGISTRATION FOR THESE FACILITIES; DEVELOP A SAFETY REPORT BY THE OWNER OR OPERATORS OF THESE FACILITIES; REQUIRE ACCIDENT RISK ASSESSMENT CONDUCTED BY THE OWNER OR OPERATOR; PROVIDE FOR OVERSIGHT COMMITTEES TO REVIEW AND EVALUATE THE IMPLEMENTATION OF THE RISK REDUCTION PROGRAMS BY THE FACILITIES AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; AND ASSESS THE OWNER OR OPERATOR, OR BOTH, OF EACH FACILITY A FEE TO ENABLE THE DEPARTMENT TO ADMINISTER THE PROGRAM.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 44 of the 1976 Code is amended by adding:
Section 44-113-10. This chapter may be cited as the `Chemical Catastrophe Prevention Act'.
Section 44-113-20. As used in this chapter:
(1) `Chemical accident' means an unexpected discharge or emission into the environment, possibly involving a fire or explosion, or both, with the results of the occurrence causing death or serious harm to workers or members of the general public. The effects of this release are not limited to human beings, but include the environment.
(2) `Commissioner' means the Commissioner of the Department of Health and Environmental Control.
(3) `Department' means the Department of Health and Environmental Control.
(4) `Committee' means the Risk Management Oversight Committee.
(5) `Safety report' means a written report which provides information on the magnitude of any chemical accident hazard and the likelihood of the potential of the hazard being realized, the estimate of consequences of this accident, and preventative measures taken to prevent or mitigate the consequences.
(6) `Highly hazardous substance' means a chemical substance used, manufactured, stored, or capable of being produced at a facility in sufficient quantities at a single site so that its release into the environ- ment would produce a significant likelihood that persons exposed will suffer health effects resulting in death or serious injury.
(7) `Highly hazardous substance list' means the substances identified in Section 44-113-30 and adopted by regulation pursuant to that section.
(8) `Chemical accident reduction work plan' means the document developed by each owner/operator of a facility at which a hazardous chemical is generated, stored, or handled setting forth scope and detail of all hazard abatement efforts to reduce the possibilities of a chemical accident.
(9) `Covered facility' means a building, equipment, and contiguous area that uses, stores, or handles hazardous chemicals as defined in this section.
(10) `Hazard' means a characteristic of chemical/system/plant/process that represents a potential for a chemical accident.
(11) `Hazard analysis' means the application of a formal systematic examination of a facility to assess the hazard potential of maloperation or malfunction of individual items of equipment, operating procedures, and human interaction and the consequences of these failures on the facility as a whole.
(12) `Risk assessment' means a site-specific evaluation and interpretation of the consequences of a hazard and its likelihood of occurrence.
Section 44-113-30. (A) The substances and chemical compounds listed below constitute the department's hazardous substance list:
Number Assigned
Chemical Name of by Chemical Quantity
Substance Abstract Service (In pounds)
Acetaldehyde . . . .75-07-0 2500
Acrolein
(2 Propenal) . . 107-02-8 150
Acrytyl Chloride . 814-68-6 250
Allyl Chloride . . 107-05-1 1000
Allylamine . . . . 107-11-9 1500
Alkylaluminums . . . . None 5000
Ammonic, Anhydrous7664-41-7 5000
Ammonia solutions
(44% ammonia by
weight). . . . .7664-41-7 10000
Ammonium Perchlorate7790-98-9 7500
Ammonium Permanganate7787-36-2 7500
Arsine (also called
Arsenic Hydride)7784-42-1 100
Bis (Chloromethyl)
Ether. . . . . . 542-88-1 100
Boron Trichloride10294-34-5 2500
Boron Trifluoride.7637-07-2 250
Bromine. . . . . .7726-95-6 1500
Bromine Chloride 13863-41-7 1500
Bromine Pentafluoride7789-30-2 2500
Bromine Trifluoride7787-71-5 15000
3 Bromopropyne
(also called Propargyl
Bromide) . . . . 106-96-7 7500
Butyl Hydroperoxide
(Tertiary) . . . .75-91-2 5000
Butyl Perbenzoate
(Tertiary) . . . 614-45-9 7500
Carbonyl Chloride
(see Phosgene) . .75-44-5 100
Carbonyl Fluoride. 353-50-4 2500
Cellulose Nitrate
(concentration
12.6% Nitrogen).9004-70-0 2500
Chlorine . . . . .7782-50-5 1500
Chlorine Dioxide 10049-04-4 1000
Chlorine
Pentafluoride .13637-630-3 1000
Chlorine Trifluoride7790-91-2 1000
Chlorodiethyla-
luminum (also called
Diethylaluminum
Chloride) . . . . .96-10-6 5000
1-Chloro-2,
4-Dinitrobenzene .97-00-7 5000
Chloromethyl Methyl
Ether. . . . . . 107-30-2 500
Chloropicrin . . . .76-06-2 500
Chloropicrin and
Methyl Bromide mixtureNone 1500
Chloropicrin and Methyl
Chloride mixture . . None 1500
Cumene Hydroperoxide80-15-9 5000
Cyanogen . . . . . 460-19-5 2500
Cyanogen Chloride. 506-77-4 500
Cyanuric Fluoride. 675-14-9 100
Diacetyl Peroxide
(concentration 70%)110-22-5 5000
Diazomethane . . . 334-88-3 500
Dibenzoyl Peroxide .94-36-0 7500
Diborane . . . . 19287-45-7 100
Dibutyl Peroxide
(Tertiary) . . . 110-05-4 5000
Dichloro Acetylene7572-29-4 250
Dichlorosilane . .4109-96-0 2500
Diethylzinc. . . . 557-20-0 10000
Diisopropyl Peroxy-
dicarbonate. . . 105-64-8 7500
Dilauroyl Peroxide 105-74-8 7500
Dimethyl Sulfide . .75-18-3 100
Dimethyldichlorosilane75-78-5 1000
Dimethylhydrazine, 1.1-57-14-7 1000
Dimethylamine,
Anhydrous. . . . 124-40-3 2500
Ethyl Methyl Ketone
Peroxide (also Methyl
Ethyl Ketone peroxide;
concentration (60%)1338-23-4 5000
Ethyl Nitrite. . . 109-95-5 5000
Ethylamine . . . . .75-04-7 7500
Ethylene Fluorohydrin371-62-0 100
Ethylene Oxide . . .75-21-8 5000
Ethyleneimine. . . 151-56-4 1000
Fluorine . . . . .7782-41-4 1000
Formaldehyde
(concentration 90%)50-00-0 1000
Furan. . . . . . . 110-00-9 500
Hexafluoroacetone. 684-16-2 5000
Hydrochloric Acid,
Anhydrous. . . .7647-01-0 5000
Hydrofluoric Acid,
Anhydrous. . . .7664-39-3 1000
Hydrogen Bromide 10035-10-6 5000
Hydrogen Chloride.7647-01-0 5000
Hydrogen Cyanide,
Anhydrous. . . . .74-90-8 1000
Hydrogen Fluoride.7664-39-3 1000
Hydrogen Peroxide
(52% by weight
or more). . . . .7722-84-1 7500
Hydrogen Selenide.7783-07-5 150
Hydrogen Sulfide .7783-06-4 1500
Hydroxylamine. . .7803-49-8 2500
Iron, Pentacarbonyl-13463-40-6 250
Isopropyl Formate. 625-55-8 500
Isopropylamine . . .75-31-0 5000
Ketene . . . . . . 463-51-4 100
Methacrylaldehyde. .78-85-3 1000
Methacryloyl Chloride920-46-7 150
Methacryloyloxyethyl
Isocyanate . . 30674-80-7 100
Methyl Acrylonitrile126-98-7 250
Methylamine,
Anhydrous. . . . .74-89-5 1000
Methyl Bromide . . .74-83-9 2500
Methyl Chloride. . .74-87-3 15000
Methyl Chloroformate79-22-1 500
Methyl Disulfide . 624-92-0 100
Methyl Ethyl Ketone
Peroxide (concentration
60%) . . . . . .1336-23-4 5000
Methyl Fluoroacetate453-18-9 100
Methyl Fluorosulfate421-20-5 100
Methyl Hydrazine . .80-34-4 100
Methyl Iodide. . . .74-88-4 7500
Methyl Isocyanate. 624-83-9 250
Methyl Mercaptan . .74-93-1 5000
Methyl Vinyl Ketone.79-84-4 100
Methyltrichlorosilane75-79-6 500
Nickel Carbonyl
(Nickel Tetracarbonyl)13463-39-3 150
Nitric Acid
(94.5% by weight or
greater) . . . .7697-37-2 500
Nitric Oxide . . 10102-43-9 250
Nitroaniline (para
Nitroaniline). . 100-01-6 5000
Nitromethane . . . .75-52-5 2500
Nitrogen Dioxide 10102-44-0 250
Nitrogen Oxides
(NO; NO2; N2O4;
N2O3). . . . . 10102-44-0 250
Nitrogen Tetroxide
(also called Nitrogen
Peroxide). . . 10544-72-6 250
Nitrogen Triflouride7783-54-2 5000
Nitrogen Trioxide10544-73-7 250
Oleum (65% to 80%
by weight; also called
Fuming Sulfuric Acid)8014-94-7 1000
Osmium Tetroxide 20816-12-0 100
Oxygen Difluoride
(Fluorine Monoxide)7783-41-7 100
Ozone. . . . . . 10028-15-6 100
Pentaborane. . . 19624-22-7 100
Peracetic Acid
(also called
Peroxyacetic Acid)79-21-0 5000
Perchloric Acid
(concentration 60%)7601-90-3 5000
Perchloromethyl
Mercopian. . . . 594-42-3 150
Perchloryl Fluoride7616-94-6 5000
Peroxyacetic Acid
(concentration
60%; also called
Peracetic Acid). .79-21-0 5000
Phosgene (also called
Carbonyl Chloride)75-44-5 100
Phosphine (hydrogen
Phosphide). . .7803-51-2 100
Phosphorus Oxychloride
(also called Phosphoryl
Chloride). . . 10025-87-3 1000
Phosphorus Trichloride7719-12-2 1000
Phosphoryl Chloride
(also called Phosphorus
Oxychloride) . 10025-87-3 1000
Propargyl Bromide. 106-96-7 7500
Propyl Nitrate . . .627-3-4 2500
Sarin. . . . . . . 107-44-8 100
Selenium Hexafluoride7783-79-1 1000
Stibine (Antimony
Hydride). . . . .7803-52-3 500
Sulfur Dioxide (liquid)7446-09-5 1000
Sulfur Pentafluoride5714-22-7 250
Sulfur Tetrafluoride7783-60-0 250
Sulfur Trioxide (also called
Sulfuric Anhydride)7446-11-9 1000
Sulfuric Anhydride (also
called Sulfur Trioxide)7446-11-9 1000
Tellurium Hexafluoride7783-80-4 250
Tetrafluoroethylene116-14-3 5000
Tetrafluorohydrazzine10036-47-2 5000
Tetramethyl Lead . .75-74-1 7500
Thionyl Chloride .7719-09-7 250
Trichloro(chloromethyl)
Silane . . . . .1558-25-4 100
Trichloro(dichlorophenyl)
Silane . . . . 21737-85-5 2500
Trichlorosilane. 10025-78-2 5000
Trifluorochloroethylene79-38-9 10000
Trimethyoxysilane.2487-90-3 150
(B) The department in consultation with the South Carolina Department of Occupational Safety and Health shall monitor on a continual basis the various sources of information available to it with regard to potentially highly hazardous substances. The department shall have the power to and shall add, by regulation, pursuant to Chapter 23 of Title 1 (Administrative Procedures Act), to the highly hazardous substance list chemicals that are identified as constituting a highly hazardous substance as define by this chapter.
Section 44-113-40. (A) Within sixty days of the effective date of this chapter, the department shall develop and issue a registration form to be completed within one hundred twenty days of the effective date of this chapter, by the owner/operators of each facility in the state which at any time generates, stores, or handles any of the highly hazardous substances on the highly hazardous substance list, at or above the threshold quantities, pursuant to Section 44-113-30. This registration form shall provide, in addition to other information that may be required by the department, the following:
(1) an inventory of the highly hazardous substances or substances generated, stored, or handled of the facility and the quantity or quantities of them, which inventory shall identify whether those substances are end products, intermediate products, by-products, or waste products;
(2) a general description of the process and principle equipment involved in the management of the substances;
(3) a profile of the area in which the facility is situated, including its proximity to population and water supplies;
(4) the extent to which the risks and hazards of the facility has been identified, evaluated, and abated, and the expertise and affiliation of the evaluators and any direct or indirect relationship between the evaluators and the owner/operator of the facility;
(5) the name of all insurance carriers underwriting the facilities environmental liability and the scope of these policies, including any limitations and exclusions.
(B) Within ninety days of the addition of a substance to the highly hazardous substance list and when a listed substance is newly introduced into a facility, the owner/operator of each facility shall file with the department the registration form developed and issued by the department pursuant to subsection (A) and the facility safety report required by Section 44-113-50.
Section 44-113-50. (A) Within sixty days of the effective date of this chapter, each owner/operator of a covered facility shall prepare and provide to the department a written facility safety report for each covered facility. This report shall provide, in addition to other information required by the department, the following information:
(1) the magnitude of any hazard at the covered facility, and the likelihood of the potential of the hazard being realized;
(2) the number of people whose health or safety might be affected by a chemical accident;
(3) management systems and staffing arrangements for the control of any of the hazards;
(4) the safety systems and procedures for the control of these hazards;
(5) qualification, experience, and training of staff concerned;
(6) safety systems, design, operating, and maintenance documentation;
(7) on-site emergency plans; and
(8) involvement in off-site emergency planning.
(B) The information required in the facility safety report must be kept current by the owner/operator of each covered facility. Facility safety reports must be refiled with the department at least every three years or sooner if there are substantial informational changes made to the facility safety report on file with the department.
Section 44-113-60. (A) All registration forms, facility safety reports, and chemical accident risk assessment/hazard analysis reports shall contain the following signatures and two-part certification which provides:
(1) `I certify under penalty of law that the information provided in this document is true, accurate, and complete. I am aware that there are significant civil and criminal penalties for submitting false, inaccurate, or incomplete information, including fines or imprisonment, or both.'
(2) `I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attached documents and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant civil and criminal penalties for submitting false information, including the possibility of fines or imprisonment, or both.'
(B) The two-part certification must be signed by the highest ranking corporate, partnership, or official at the facility to which the information pertains.
Section 44-113-70. (A) The owner/operator of a facility registered with the department pursuant to Section 44-113-40 shall nominate three consultants capable of performing a hazard analysis/risk assessment on its facility within one hundred twenty days of the effective date of this chapter.
(B) The owner/operator may not submit the name of a consultant who:
(1) is owned or controlled by the registrant or by a firm which owns or controls both the registrant and the consultant or owns or controls the registrant;
(2) was the designer of a covered facility at the site.
(C) Each nomination must be accompanied by appropriate documentation demonstrating that nominee's ability to perform the hazard analysis/risk assessment set forth in Section 44-113-80 and includes:
(1) the consultant's qualifications in:
(a) process engineering;
(b) safety engineering;
(c) preparation of operating procedures;
(d) preparation or review of maintenance procedures;
(e) preparation or review of safety procedures;
(f) preparation or review of operator training programs;
(g) performance or review of accident investigations;
(h) performance of hazard analyses;
(i) performance of risk assessments;
(j) preparation or review of emergency response plans;
(k) performance of audits of risk management programs; and
(l) knowledge of state of the art process technology.
(2) the qualifications and experience of additional staff who may be assigned on an as needed basis; and
(3) the level of effort to be dedicated and scheduled, including a time frame, for performing hazard analysis/risk assessment including;
(a) names of staff assigned;
(b) expected starting and completion dates;
(c) estimated person hours; and
(d) scope and extent of usage of collateral items such as computer use, outside consultant, etc.;
(4) each nomination must be accompanied by a clear and concise written description of how the consultant is going to address each element of the hazardous risk assessment as set forth in Section 44-113-80.
(5) The resumes of members of the nominee's staff who are to perform the hazardous analysis/risk assessment must be submitted to the department and shall demonstrate that collectively the nominee's staff has the following qualifications, at a minimum:
(a) at least one previous project in each of the twelve areas of experience listed in (c)1 above;
(b) key staff members each having at least five years of professional experience and one key staff member who is a licensed professional engineer;
(c) a task force leader with at least thirty-six months of accumulated experience as a project manager of multidisciplinary technical teams;
(d) a technical leader of the hazard analysis/risk assessment portions of the work who has at least three years aggregate experience at the work; and
(e) assisting staff with at least three years of professional work experience and at least six months accumulated experience on the type of work involved in the portion of the hazard analysis/risk assessment to which they will contribute.
Section 44-113-80. (A) The owner/operator of a facility submits the facility to a hazard analysis risk assessment at least every five years. The hazard analysis/risk assessment must be conducted by an independent consultant selected by the owner/operator with the approval of the department.
(B) In addition to other duties considered necessary by the owner/operator or the department, the consultant shall confirm the accuracy of the facility's current registration form and facility safety report required under Section 44-113-40.
(C) The consultant, at the conclusion of the hazard analysis/risk assessment, shall issue a report of findings, conclusions, and recommendations. This report must be sent by the consultant directly to the department.
Section 44-113-90. (A) The department, within thirty days of receiving the three nominations and supporting documentation from the owner/operator of a facility as required in Section 44-113-70, shall select an independent consultant from the qualified nominees to perform the hazardous analysis/risk assessment and report in conformance with the requirements of Section 44-113-80.
(B) Within thirty days of written notice of the department's selection of an independent consultant the owner/operator shall enter into a contract with the independent consultant selected by the department, containing the following terms and conditions:
(1) The State of South Carolina and the Department of Health and Environmental Control, must be named a third-party beneficiary of the contract.
(2) A prohibition against the subcontracting of any of the work involved in the hazardous analysis/risk assessment and report described in Section 44-113-80.
(3) The consultant shall perform his work in a complete, professional, and independent manner consistent with all of the requirements of Section 44-113-80.
(4) The consultant shall file his report directly with the department within one year of the date of the first registration of the owner/operator.
(5) The contract must be timely filed with the department. Also included in the contract must be the last date upon which the contract can be timely filed including a provision voiding the contract, in the event the department notifies in writing, the consultant and the owner/operator within ten days of the date of filing that the department finds the contract to be not in compliance with the requirements of this chapter or the regulations adopted pursuant to it.
(6) The hazard analysis/risk assessment consultant's report must be written in a format that will permit its publication to the extent that any portion of the report requires discussion of trade secret information, that information must be contained in a severable addendum to the report. In writing the report the consultant, while protecting trade secret information, shall include in the publishable portion of the report, sufficient information in clear and comprehensible nontechnical language, that would enable a member of the public to understand the significance of the report's findings, conclusions, and recommendations.
(7) Whenever required by the department, the consultant's hazard analysis/risk assessment's team leader must be available to consult with the department with regard to progress reports and questions with regard to the report, and be available to testify at public hearings with regard to the preparation of the report and the report itself.
(8) Neither the State of South Carolina nor the department is responsible or held liable for monies due and owing to the consultant or for the performance of an obligation set forth in the contract.
Section 44-113-100. (A) The consultant shall prepare and provide to the department and the facility a written hazard analysis/risk assessment report, which shall utilize the best available control technology as its standard, which shall include findings, conclusions, and recommendations. (B) The consultant's findings shall include, but are not limited to:
(1) require the reporting of the identity and quantity of all highly hazardous substances generated, stored, handled, or that could unwittingly be produced in the event of an equipment breakdown, human error, design defect, or procedural failure, or the imposition of an external force;
(2) the nature, age, and condition of all the equipment and instruments involved in the handling and management of the highly hazardous substance or substances at the facility, and the schedules for their testing and maintenance;
(3) the measures and precautions designed to protect against the intrusions of internal or external forces, or both, and events, or to control or contain discharges with the facility;
(4) training or management practices in place which impart knowledge to relevant personnel regarding the dangers posed by a release of a highly hazardous substance and the training provided to prepare them for the safe operation of the facility and for unanticipated occurrences;
(5) other preventive maintenance measure or on-site emergency response capability or other internal mechanism developed to safeguard against the occurrence of an accidental release of a highly hazardous substance or any other aspect or component of the facility considered relevant by the department;
(6) the practices, procedures, and equipment designed to forestall a hazard at the covered facility; and
(7) other information considered relevant to the consultant to carry out the purposes of this chapter.
(C) The consultant's conclusions shall include, but are not limited to:
(1) the nature and magnitude of a hazard at the covered facility;
(2) the likelihood of the potential of the hazard being realized at the covered facility;
(3) the circumstances that would have to obtain in order for there to result a discharge of a highly hazardous substance at the covered facility;
(4) the effectiveness of the safety systems and procedures at the covered facility for the control of any hazards; and
(5) any other information considered relevant to the consultant for purposes of carrying out this chapter.
(D) The consultant's recommendations shall include, but are not limited to:
(1) the alternative processes, procedures, or equipment which might reduce the risk of a release of a highly hazardous substance at the covered facility while yielding the same or commensurate results;
(2) the need for process change;
(3) the need for a chemical/substitution change;
(4) the need for additional safety equipment;
(5) the need for a mitigation system;
(6) the need for additional preventive maintenance measures or on-site emergency responses, or both, to safeguard against a hazard;
(7) the need for additional off-site emergency planning;
(8) a detailed hazard abatement plan suitable for adoption as an accident reduction plan as defined in Section 44-113-110; and
(9) other information considered relevant to the consultant for purposes of carrying out this chapter.
(E) The hazard analysis/risk assessment consultant's report must be written in a format that permits its publication to the extent that any portion of the report requires discussion of trade secret information, that information must be contained in a severable addendum to the report. In writing the report, the consultant, while protecting trade secret information, shall include in the publishable portion of the report, sufficient information in clear and comprehensible nontechnical language that would enable a member of the public to understand the significance of the report's findings, conclusions, and recommendations.
Section 44-113-110. (A) Within five days of the department's receipt of the consultant's hazard analysis/risk assessment report, the department shall:
(1) send written notice, by registered or certified mail, to the facility owner, giving the facility owner thirty days from receipt of the notice in which to propose and submit to the department written modifications to the hazard abatement plan proposed by the consultant;
(2) by publication and utilization of public service announcements, inform the public of the department's receipt of the consultant's hazard analysis/risk assessment report, the facility of which the report applies and where the report may be reviewed by the public and a copy obtained for the cost of publication; and
(3) the department, within the same thirty-day period, also will submit to the facility owner its own written modifications to the consultant's abatement plan.
(B) If, within the thirty-day period provided, neither the department nor the facility owner proposes written modifications to the consultant's hazard abatement plan then the hazard abatement plan automatically is deemed the Accident Reduction Plan and must be implemented with full force and effect on the day after the expiration of the thirty-day period.
(C) The proposed modifications prepared and submitted by the facility owner or the department shall include:
(1) detailed reasons and justifications for all modifications proposed;
(2) demonstrate that the risks to the public are no greater under the proposed modifications than the risks would have been had no modifications been proposed; and
(3) a complete restatement of the consultant's hazard abatement plan with brackets placed around the language proposed to be deleted from the plan and italics to represent language to be added to the plan.
(D) The proposed written modifications submitted by either the department or the facility owner, or both, must be disseminated by the department to the press, the public and any interested party, at cost of reproduction to the department.
(E) In the event either the department or the facility owner proposes written modifications to the consultant's hazard abatement plan, the department, within five days after the expiration of the thirty-day period, shall publish a notice specifying the consultant's hazard abatement plan to which proposed modifications have been submitted and specifying a time and place for a public hearing on the proposed modifications.
(F) The notice of the public hearing must be given by certified mail to the facility owner and by one publication in the newspapers of general circulation within the area of the facility at least ten days before the day of the hearing. The public and any interested parties must be permitted to participate in the hearing with regard to the proposed modifications to the hazard abatement plan.
(G) The public hearing must be conducted no less than thirty days following the submission of the department's or the facility owner's, or both, proposed modifications to the consultant's hazard abatement plan.
(H) At the public hearing the department shall accept testimony and evidence from the department, the owner of the facility, and the public. The transcript of presented testimony and evidence, together with all papers submitted before and at the hearing, constitute the exclusive record of the proceeding. A complete record of the hearing must be made available to each party and to the public, at cost of reproduction to the department.
(I) Within thirty days after the conclusion of the public hearing provided for in this section, the department, based upon the record of the public hearing, shall issue a written decision setting forth its findings, conclusions, and accident reduction plan which shall consist of the consultant's hazard abatement plan modified in accordance with the findings of the department.
(J) Notice of the department's decision and order must be given by certified or registered mail to the facility owner and any other interested parties who requested the same at the public hearing.
(K) The department's accident reduction plan, including the schedule of abatement is effective ten days following the mailing of the notice to the facility owner as a final decision and is binding on all parties.
(L) The owner of the facility shall comply with the requirements of the accident reduction plan including the schedule of abatement.
(M) The department shall make a special inspection of the affected facility to verify and ensure that the facility owner complies with the accident reduction plan and schedule of abatement.
Section 44-113-120. The department shall adopt regulations as are reasonably necessary for the protection of the health, welfare, and safety of the public and the regulations must be in conformity and consistent with the intent and purposes of the provisions of this chapter.
Section 44-113-130. (A) The owner of a facility may not withhold information from the department or limit the department's distribution of information within the department or to the public on the basis that the information constitutes a trade secret unless the information would constitute a trade secret under Subtitle C, Section 322 of Public Law 99-499, generally known as SARA, Title 3.
(B) The General Assembly finds and declares that the efficient enforcement of this chapter would be enhanced by establishing a uniform definition of what constitutes a trade secret among the various laws governing facilities in this State for the purposes of environmental protection, and directs the department to adopt as part of its regulations governing questions arising with regard to trade secrets or confidential information, Public Law 99-499, Subtitle C, Section 322, Trade Secrets, and the regulations promulgated under it, as the department's regulations.
Section 44-113-140. (A) The department has the right to enter a facility at any time in order to verify compliance with the provisions of this chapter and the quality of all work performed pursuant to this chapter except that facility owners or operators are under no obligation to employ personnel solely to assure access to the facility by the department when this access would otherwise be impossible.
(B) The department shall develop and establish, pursuant to regulation, and enforce a system of record keeping, which system shall require the owner/operator of each facility registered pursuant to Section 44-113-50 to report to the department on all risk assessment and risk reduction efforts undertaken pursuant to this chapter, all ongoing maintenance measures taken, all unanticipated and unusual events, and other information the department considers appropriate, and which is designed as to prevent the destruction or alteration of information and data contained in those records.
(C) Within thirty days of the anniversary date of the day the accident reduction plan was first implemented, the owner/operator shall file an annual compliance report with the department. The annual compliance report shall include a progress report describing in detail actions taken to comply with the schedule of abatement set forth in the plan, including itemization of abatements accomplished and steps taken with regard to timely accomplish abatements in accordance with the schedule of abatement. The annual compliance report must be signed and certified in accordance with Section 44-113-60, and must be in a form and be accompanied by documentation of compliance in accordance with regulations adopted by the department.
(D) Within thirty days of date of receipt of the annual compliance report, the department shall conduct an on-site confirmation and evaluation of the accuracy of the annual report and independent determination as to the status of compliance with the schedule of abatement. The department's findings must be in writing and made available to the public within sixty days of the date of filing of the annual compliance report by the facility.
Section 44-113-150. The department shall make every effort to involve hazardous materials advisory councils, where they exist, local government officials, and other pertinent entities in explaining actions taken.
Section 44-113-160. (A) If a person violates any of the provisions of Sections 44-113-30 through 44-113-110 or regulation or order promulgated pursuant to them, the department may institute a civil action in a court of competent jurisdiction for injunctive or other appropriate relief to prohibit and prevent this violation and the court may proceed in the action in a summary manner.
(B) A person who violates the provisions of Sections 44-113-30 through 44-113-110 or any regulation or order promulgated pursuant to them is liable to a civil administrative penalty as set forth in subsection (C). If the violation is of a continuing nature, each day during which it continues constitutes an additional, separate, and distinct offense. No civil administrative penalty may be levied except subsequent to the notification of the violator by certified mail or personal service. The notice shall include a reference to the section of the statute, regulation, order, or permit condition violated, a concise statement of the facts alleged to constitute the violation, a statement of the amount of the civil penalties to be imposed, and a statement of the violator's right to a hearing. The violator has twenty days from receipt of the notice within which to deliver to the commissioner a written request for a hearing. Subsequent to the hearing and upon a finding that a violation has occurred, the commissioner may issue a final order after assessing the amount of the fine specified in the notice. If no hearing is requested, the notice becomes a final order upon the expiration of the twenty-day period. Payment of the penalty is due when a final order is issued or when the notice becomes a final order. The authority to levy a civil administrative penalty is in addition to all other enforcement provisions of this chapter, and the payment of a civil administrative penalty is not considered to affect the availability of any other enforcement provision in connection with the violation for which the penalty is levied.
(C) A person who violates any provisions of this chapter, a consent agreement, administrative consent order, or an administrative order issued by the department is subject to the following civil administrative penalties set forth in the following table:
Categories of Offense Penalty in
United States
Dollars
A. Failure to register a
new or existing covered
facility $25,000 plus $2,000
a day from the due
date
B. Failure to pay annual fee 75 percent of
the fee
C. Failure to submit a facility
safety report $10,000 plus $1,000
a day from the
due date
D. Failure to execute contract with
consultant for purposes of
conducting hazard analysis/risk
assessment $25,000
E. Failure to implement accident
reduction plan $50,000
F. Failure to comply with accident
reduction plan and schedule
of compliance up to $5,000
G. Failure to comply with approved
accident reduction plan, each
requirement up to $10,000
H. Failure to provide information
requested by the department $25,000
I. Failure to grant access to department
employees or agents for inspections$25,000
J. Failure to provide information or
grant access to department employees
or agents during an emergency condition$50,000
K. Falsification of information
submitted to department up to $10,000
per incident
(D) The department is authorized to compromise and settle a claim for a penalty under this section in such amount in the discretion of the department as may appear appropriate and equitable under all of the circumstances, including the posting of a performance bond by the violator.
(E) A person who violates any of the provisions of Sections 44-113-30 through 44-113-110 or any regulation, or order promulgated or issued pursuant to them, or an administrative order issued pursuant to subsection (B) or a court order issued pursuant to subsection (A) or who fails to pay a civil administrative penalty in full pursuant to subsection (B) is subject, upon order of the court, to a civil penalty not to exceed ten thousand dollars a day of the violation, and each day's continuance of the violation constitutes a separate and distinct violation. Any penalty imposed under this subsection may be recovered with costs in a summary proceeding by the attorney general pursuant to .
Section 44-113-170. (A) Any records, reports, or information obtained under Sections 44-113-30 through 44-113-200 must be made available to the public for inspection and copying. Should compliance with the trade secret provisions of Section 44-113-130 require a deletion, the deletion must be limited to only that information essential for compliance. In the event of deletion, the department shall substitute language generally describing what was deleted, without revealing the trade secret, in order that the information contained in the record or report be comprehensible.
(B) The person requesting the copy or copies of the public records, shall tender or pay to the department such fee as may be prescribed for the service of copying.
Section 44-113-180. (A) When there is an accident which poses a significant danger to public health and safety, or a near accident of such nature, in a facility or a group of facilities, or when the Governor declares that a risk management oversight committee overseeing a facility, or group of facilities, would be in the best interests of the public health and safety, the Governor shall create a risk management oversight committee with regard to the facility or group of facilities which may represent a catastrophic threat to public health and safety.
(B) The committee shall consist of:
( 1) the Director of the Department of Occupational Safety and Health;
( 2) the Director of the South Carolina Department of Transportation;
( 3) the fire chiefs for the local municipalities which are within the zone of risk posed by the catastrophic threat;
( 4) the chief law enforcement officers for the local municipalities which are within the zone of risk posed by the catastrophic threat;
( 5) the Commissioner of the Department of Health and Environmental Control;
( 6) the Regional Captain of the South Carolina Highway Patrol who is within the zone of risk posed by the catastrophic threat;
( 7) a representative from the local emergency planning committees within the zone of risk posed by the catastrophic threat;
( 8) an employee representative designated by each of the unions having members employed in the facility or group of facilities or in the event that there is no union representing employees at the subject facility or group of facilities, an employee representative must be selected by the Governor;
( 9) a representative designated by the owner of each of the subject facilities who is sufficiently knowledgeable in the operations of the subject facility and holding a position equivalent to that of plant manager or of higher authority; and
(10) representatives appointed by the Governor from the following: county and or city commissions, environmental groups or organizations with particular interests including, but not limited to, local homeowners' associations, news media, businesses, or individuals, or both, in the zone of risk posed by the catastrophic threat and any additional persons he considers appropriate.
(C) The Governor shall appoint the chairman or co-chairman of the committee from among the members.
(D) The department shall provide to the committee necessary resources such as clerical assistance and funding sufficient for the committee to perform its duties. The department shall include in its determination of fees required to administer the chapter, sufficient reserves to provide funding necessary for any committees appointed pursuant to Section 44-113-180 to function.
Section 44-113-190. The committee may request and receive from the subject facility or facilities all records, documents, and other material relevant to the committee's review and evaluation of the subject facility or facilities for the purposes of carrying out its duties pursuant to Section 44-113-180.
(B) The committee may request and receive from all governmental entities and agencies records, documents, and other materials relevant to the Committee's review and evaluation of the subject facility, or facilities, for the purposes of carrying out its duties pursuant to Section 44-113-180.
(C) In carrying out the provisions of Section 44-113-180, the committee and the Attorney General may, by subpoena, require the attendance and testimony of witnesses and the production of reports, papers, documents, and other evidence which they consider necessary.
(D) In carrying out the provisions of Section 44-113-180, the committee may make informal inquiry of persons or entities with knowledge relevant to the committee's review and evaluation of the subject facility or facilities.
(E) If the owner of a facility claims that the disclosure of information to the committee will reveal a trade secret or confidential information, the owner must specifically identify the information as confidential once the identification has been made, then the provisions of Section 44-113-140 apply.
(F) The committee or its authorized representative, for the purposes of carrying out its duties pursuant to Section 44-113-180, may enter and inspect the subject facility, its records, and other relevant materials.
(G) The Attorney General is the counsel and attorney to the committee for the purposes of carrying out its duties and powers pursuant to Sections 44-113-180 and 44-113-190.
(H) The members of the committee shall have the right to make public comment with regard to their review and evaluation of the subject facility or facilities.
(I) The committee may review and make recommendations to the reviewing authority as to the applications for permits to construct, substantially alter, or operate which are submitted by a facility or facilities which have been the subject of a risk management oversight committee review and evaluation.
Section 44-113-200. (A) The committee shall conduct a comprehensive review and evaluation of the following with respect to the facility or facilities within its jurisdiction:
(1) the degree of compliance of the facility or facilities with this chapter, the applicable fire codes, the regulations, standards, and safety orders of the Department of Occupational Safety and Health, regulations and standards of the State Department of Health and Environmental Control and any other standards adopted or promulgated by the federal government, State of South Carolina, and local governments and the respective governmental entities' agencies for the health and safety of persons and property which may be at risk in the event the regulations, standards, codes, and safety orders are not complied with;
(2) the effectiveness of the respective governmental entities and their agencies' implementation and enforcement of their respective rules, regulations, standards, codes, and safety orders; and
(3) the adequacy and effectiveness of the emergency response plans adopted for the area in which the facility or facilities are located in responding to risks posed to the persons and property located within the zone of risk.
(B) The committee shall exercise its best efforts to facilitate cooperation between the various governmental entities and agencies responsible for minimizing risks to persons and property posed by the facility or facilities within its jurisdiction and the effective enforcement of the various governmental entities' and agencies' rules, regulations, standards, codes, and safety orders.
(C) The committee shall issue annual written reports of its comprehensive review and evaluation together with any recommendations. The committee shall make such interim reports as it or the Governor may consider in the public interest. The department shall distribute to the Governor, members of the committee, local governments within the zone of risk, the various governmental agencies whose rules, regulations, standards, codes, or safety orders were the subject of the committee's review and evaluation, and the local media. Copies of the annual written report must be made available to the public for purchase at cost of reproduction. All interim reports must be distributed immediately in the same manner as annual written reports.
Section 44-113-210. (A) The commission is authorized to charge and collect fees from facility owners registered pursuant to Section 44-113-50, in accordance with a schedule adopted as a regulation, which schedule shall reflect the costs to the department of reviewing individual facilities while enabling the department to continue to administer the program on a self-supporting basis.
(B) All fees collected, penalties recovered, and interest accrued pursuant to this chapter must be deposited with the State Treasurer for credit to the fund for the administration of the Chemical Catastrophe Prevention Act, which is created pursuant to the provisions of this section as a special revenue fund to be utilized for the purposes of administering the Act.
( 1) Each owner/operator of a covered facility shall pay an annual fee to the department.
( 2) Each owner/operator of a covered facility with a highly hazardous chemical pursuant to Section 44-113-50 shall submit its annual fee for fiscal year July, 1992, to June, 1993. The fee must be computed in accordance with items (9) through (12) of this section, sixty days after the operative date of this chapter.
( 3) Each owner/operator of a covered facility shall begin paying annual fees in the fiscal year July 1, 1992, to June 30, 1993. The fees must be computed in accordance with items (9) through (12), and billed and remitted in accordance with items (6) through (8) of this section.
( 4) Each owner/operator of a new covered facility at a site with no highly hazardous substance registered, who registers a highly hazardous substance with the department subsequent to the dates specified in items (2) and (3), shall submit the annual fee for that fiscal year computed in accordance with items (9) through (12) in this section with the registration forms.
( 5) Each covered facility registering a new highly hazardous substance at a site shall submit the inventory derived fee from the highly hazardous substance inventory, computed in accordance with items (9) and (12) of this section.
( 6) The annual fees are assessed on the basis of the State's fiscal year and must not be prorated or refunded.
( 7) Except for the fees due for fiscal year 1992-1993 which must be submitted in accordance with item (2) of this section and the fees submitted pursuant to items (4) and (5) of this section, the department, during the month of July, will send each registrant a bill stating the fee for that fiscal year.
( 8) Each owner/operator of a covered facility shall pay its fee by check or money order, payable to Treasurer, State of South Carolina before August thirty-first of the year in which it is billed. The check or money order must be submitted to the South Carolina Department of Health and Environmental Control.
( 9) For the purpose of calculating fees, `inventory' as used in items (10), (11), and (12) of this section means the maximum daily quantity on quantities for each highly hazardous substance or substances reported at the covered facility.
(10) All owner/operators of a covered facility shall pay a base fee of four thousand dollars a site annually plus a highly hazardous substance inventory derived fee.
(11) The inventory derived fee at each site is determined in the following manner:
(a) the inventory of each highly hazardous substance is divided by the minimum reportable quantity for that highly hazardous substance as set forth in Section 44-113-40;
(b) the number resulting from the department required by subsection (a) of this item is the number of hazard units for that highly hazardous substance; and
(c) the number of hazard units for each highly hazardous substance is multiplied by ten dollars per hazard unit to determine the fee for each highly hazardous substance.
(12) The annual fee for each registrant is the sum of the base fee and the sum of each highly hazardous substance inventory derived fee."
SECTION 2. This act takes effect upon approval by the Governor.