Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the words of the 28th Psalm (V.1):
"To You I call, O Lord, my Rock;
do not turn a deaf ear to me.
For if You remain silent,
I will be like those who have gone
down to the pit."
Let us pray.
O Lord, as we look out upon our troubled world today, seeing the suffering Kurds and thousands of refugees from the Desert War, we remember that You have delivered Your children from the shadows and miseries of other days.
We seek guidance and an uplift for our tasks today. We rejoice with reverent confidence that You will lead us again in paths of light... and right.
We know that we are earthen vessels with limited powers, but, by Your grace, we bear in our hearts the priceless treasure of a trust in the transcendent power of our God.
Whether our political positions win or lose, help us to bear with honor the scars of fidelity in causes that are bigger than ourselves.
So, equip us, dear Lord, for today's tasks.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator ROSE introduced Dr. Bill Lomax of Summerville, S.C., Doctor of the Day.
On motion of Senator WADDELL, Senator LEVENTIS was granted a leave of absence for today.
On motion of Senator THOMAS, Senator McCONNELL was granted a leave of absence for today.
S. 376 -- Senators Wilson and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 48 SO AS TO ENACT THE "STORMWATER MANAGEMENT AND SEDIMENT REDUCTION ACT" AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO REPEAL CHAPTER 13, TITLE 48 OF THE 1976 CODE RELATING TO COUNTY SEDIMENT CONTROL PROGRAMS, AND TO DIRECT THE SOUTH CAROLINA LAND RESOURCES CONSERVATION COMMISSION TO PROMULGATE REGULATIONS.
On motion of Senator LAND, the vote whereby the Bill was read the third time was reconsidered.
The amendment proposed by the Committee on Agriculture and Natural Resources (AGR376.1) was adopted as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. (A) The General Assembly finds:
(1) that the lands and waters of this State are great natural assets and resources;
(2) that the management of stormwater runoff and sediment is necessary to reduce pollution, siltation, sedimentation, local flooding, and stream channel erosion, all of which impact adversely on the land and water resources and the health, safety, and welfare of the people of this State;
(3) that the management of stormwater runoff and sediment is necessary to protect fish and wildlife resources of this State.
(B) By enacting the Stormwater Management and Sediment Reduction Act, the General Assembly intends to reduce the adverse effects of stormwater runoff and sediment and to safeguard property and the public welfare by strengthening and making uniform the existing stormwater management and sediment control program.
SECTION 2. Title 48 of the 1976 Code is amended by adding:
Section 48-14-10. This chapter may be cited as the `Stormwater Management and Sediment Reduction Act.'
Section 48-14-20. As used in this chapter:
(1) `Commission' means the South Carolina Land Resources Conservation Commission.
(2) `District' means any soil and water conservation district created pursuant to Chapter 9 of this title.
(3) `Local government' mean any county, municipality, or any combination of counties or municipalities, acting through a joint program pursuant to the provisions of this chapter.
(4) `Implementing agency' means the commission, local government, conservation district, or other political subdivision with the responsibility for receiving stormwater management and sediment control plans for review and approval, reviewing plans, issuing permits for land disturbing activities, and conducting inspections and enforcement actions in a specified jurisdiction.
(5) `Responsible personnel' means any foreman, superintendent, or similar individual who is the on-site person in charge of land disturbing activities.
(6) `Designated Watershed' means a watershed designated by a local government and approved by the commission, Department of Health and Environmental Control and the South Carolina Water Resources Commission and identified as having an existing or potential stormwater, sediment control, or nonpoint source pollution problem. (7) `Erosion' means the wearing away of land surface by the action of wind, water, gravity, ice, or any combination of those forces.
(8) `Land disturbing activity' means any use of the land by any person that results in a change in the natural cover or topography that may cause erosion and contribute to sediment and alter the quality and quantity of stormwater runoff.
(9) `Person' means an individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, electric supplier, municipality, or other political subdivision of this State, interstate body, the federal government, or other legal entity.
(10) `Sediment' means solid particulate matter, both mineral and organic, that has been or is being transported by water, air, ice, or gravity from its site of origin.
(11) `Stormwater management' means, for:
(a) quantitative control, a system of vegetative or structural measures, or both, that control the increased volume and rate of stormwater runoff caused by manmade changes to the land;
(b) qualitative control, a system of vegetative, structural, or other measures that reduce or eliminate pollutants that might otherwise be carried by stormwater runoff.
(12) `Stormwater Management and Sediment Control Plan' means a set of drawings, other documents, and supporting calculations submitted by a person as a prerequisite to obtaining a permit to undertake a land disturbing activity, which contains all of the information and specifications required by an implementing agency.
(13) `Stormwater runoff' means direct response of a watershed to precipitation and includes the surface and subsurface runoff that enters a ditch, stream, storm sewer or other concentrated flow during and following the precipitation.
(14) `Stormwater utility' means an administrative organization that has been created for the purposes of planning, designing, constructing, and maintaining stormwater management, sediment control and flood control programs and projects.
(15) `Watershed master plan' means a plan for a designated watershed that analyzes the impact of existing and future land uses and land disturbing activities in the entire watershed and includes strategies to reduce nonpoint source pollution, to manage stormwater runoff and control flooding. The plan must be developed for the entire watershed, regardless of political boundaries, and must include appropriate physical, institutional, economic and administrative data needed to justify the plan.
(16) 'Subdivision', unless otherwise defined in an ordinance adopted by a local government pursuant to Section 6-7-1010, means all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions, or parcels less than five acres, for the purpose, whether immediate or future, of sale, legacy, or building development, or includes all division of land involving a new street or a change in existing streets, and includes resubdivision and, where appropriate, in the context, shall relate to the process of subdividing or to the land or area subdivided;
(17) 'Person responsible for the land disturbing activity' means (a) the person who has or represents having financial or operational control over the land disturbing activity; and/or
(b) the landowner or person in possession or control of the land who directly or indirectly allowed the land disturbing activity or has benefitted from it or who has failed to comply with any provision of the act, these regulations, or any order or local ordinance adopted pursuant to this act as imposes a duty upon him.
(18) 'Nonpoint source pollution' means pollution contained in stormwater runoff from ill-defined diffuse sources.
(19) 'Stop work order' means an order directing the person responsible for the land disturbing activity to cease and desist all or any portion of the work which violates the provisions of this act.
Section 48-14-30. (A) Unless exempted, no person may engage in a land disturbing activity without first submitting a stormwater management and sediment control plan to the appropriate implementing agency and obtaining a permit to proceed.
(B) Each person responsible for the land disturbing activity shall certify, on the stormwater management and sediment control plan submitted, that all land disturbing activities will be done according to the approved plan.
(C) All approved land disturbing activities must have associated therein at least one individual who functions as responsible personnel.
Section 48-14-40. The provisions of this chapter do not apply to the following land disturbing activities: (A) land disturbing activities on agricultural land for production of plants and animals useful to man, including but not limited to: forages and sod crops, grains and feed crops, tobacco, cotton, and peanuts; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats, including the breeding and grazing of these animals; bees and dairy products; fur animals and aquaculture, except that the construction of an agricultural structure of one or more acres, such as broiler houses, machine sheds, repair shops and other major buildings and which require the issuance of a building permit shall require the submittal and approval of a stormwater management and sediment control plan prior to the start of the land disturbing activity.
(B) Land disturbing activities undertaken on forest land for the production and harvesting of timber and timber products.
(C) Activities undertaken by persons who are otherwise regulated by the provisions of Chapter 20 of this title, the South Carolina Mining Act.
(D) Construction or improvement of single family residences or their accessory buildings which are separately built and not part of multiple construction in a subdivision development.
(E) Land disturbing activities, other than activities identified in subsection (F) of this section, that are conducted under another state or federal environmental permitting, licensing, or certification program where the state or federal environmental permit, license, or certification is conditioned on compliance with the minimum standards and criteria developed under this act.
(F) Any of the following land disturbing activities undertaken by any person who provides gas, electrification, or communications services, subject to the jurisdiction of the South Carolina Public Service Commission, or corporations organized and operating pursuant to Section 33-49-10 et seq.:
(1) land disturbing activities conducted pursuant to a certificate of environmental compatibility and public convenience and necessity issued pursuant to Title 58, Chapter 33, of the South Carolina Code, or land disturbing activities conducted pursuant to any other certification or authorization issued by the Public Service Commission;
(2) land disturbing activities conducted pursuant to a federal environmental permit, including Section 404 of the Federal Clean Water Act, and including permits issued by the Federal Energy Regulatory Commission;
(3) land disturbing activities associated with emergency maintenance or construction of electric, gas, or communications facilities, when necessary to restore service or when the Governor declares the area to have sustained a disaster and the actions are undertaken to protect the public from a threat to health or safety;
(4) land disturbing activities associated with routine maintenance and/or repair of electric, gas, or communications lines;
(5) land disturbing activities associated with the placement of poles for overhead distribution or transmission of electric energy or of communications services;
(6) land disturbing activities associated with placement of underground lines for distribution or transmission of electric energy or of gas or communications services; or
(7) land disturbing activities conducted by a person filing environmental reports, assessments or impact statements with the United States Department of Agriculture, Rural Electrification Administration in regard to a project.
Any person, other than a person identified in subparagraph (7), who undertakes land disturbing activities described in subparagraphs (4), (5), and (6) of this subsection must file with the South Carolina Public Service Commission, in a Policy and Procedures Manual, the procedures it will follow in conducting such activities. Any person, other than a person identified in subparagraph (7), who conducts land disturbing activities described in subparagraph (2) of this subsection, must address the procedures it will follow in conducting the activities in the Policy and Procedures Manual filed with the South Carolina Public Service Commission to the extent that the land disturbing activities are not specifically addressed in the federal permit or permitting process. If any person, other than a person identified in subparagraph (7), does not have a Policy and Procedures Manual on file with the Public Service Commission, such manual must be filed with the Public Service Commission not later than six months after the effective date of this act.
Any person who undertakes land disturbing activities described in subparagraphs (7) of this subsection shall give the same written notice to the commission as given to agencies whose permits are required for project approval by the regulations of the United States Department of Agriculture, Rural Electrification Administration.
(G) Activities relating to the routine maintenance and/or repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities and other related structures and facilities of a railroad company.
(H) Activities undertaken on state-owned or managed lands that are otherwise regulated by the provisions of Chapter 18 of this title, the Erosion and Sediment Reduction Act.
(I) Activities undertaken by local governments relating to the repair and maintenance of existing facilities and structures.
Section 48-14-50. (A) The commission shall develop a State Stormwater Management and Sediment Reduction Program.
(B) In carrying out this chapter, the commission shall:
(1) provide technical and other assistance to local governments and others in implementing this chapter;
(2) require that appropriate stormwater management and sediment control provisions be included in all stormwater management and sediment control plans developed pursuant to this chapter;
(3) cooperate with appropriate agencies of this State, the United States, other states or any interstate agency with respect to stormwater management and sediment control;
(4) conduct studies and research regarding the causes, effects, and hazards of stormwater and sediment and methods to control stormwater runoff and sediment;
(5) conduct and supervise educational programs with respect to stormwater management and sediment control;
(6) require the submission to the commission of records and periodic reports by implementing agencies as may be necessary to carry out this chapter;
(7) establish a means of communications, such as a newsletter, so that information regarding program development and implementation can be distributed to interested individuals; and
(8) assist conservation districts involved in the local stormwater management and sediment control program.
(C) The commission shall promulgate regulations, minimum standards, guidelines, and criteria necessary to carry out the provisions of this act with input from the South Carolina Erosion and Sediment Reduction Advisory Council, appointed by the Governor, in consultation with the South Carolina Department of Health and Environmental Control, the South Carolina Water Resources Commission, the South Carolina Association of Counties, and the South Carolina Municipal Association, and a task force of technical experts appointed by the commission. The regulations must include, but are not limited to:
(1) criteria for the delegation of program elements and review and revocation of delegated program elements;
(2) appeal procedures for local governments requesting delegation of program elements;
(3) types of activities that require a stormwater management and sediment control permit;
(4) waivers, exemptions, variances, and appeals;
(5) stormwater management and sediment control plan application or inspection fees;
(6) criteria for distribution of funds collected by sediment and stormwater plan approval and inspection fees;
(7) criteria for implementation of a stormwater management utility;
(8) specific design criteria and minimum standards and specifications;
(9) permit application and approval requirements;
(10) specific enforcement options;
(11) criteria for approval of designated watersheds;
(12) criteria regarding correction of off-site damages resulting from the land disturbing activity;
(13) construction inspections;
(14) maintenance requirements for sediment control during construction and stormwater management structures after construction is completed; and
(15) procedures to accept and respond to citizen complaints on delegated program components and individual site problems.
(D) These regulations promulgated for carrying out the stormwater management and sediment control program must:
(1) be based upon relevant physical and developmental information concerning the watershed and drainage basins of the State, including but not limited to, data relating to land use, soils, hydrology, geology, grading, ground cover, size of land area being disturbed; and
(2) contain conservation standards for various types of soils and land uses, which standards must include criteria and alternative techniques and methods for the control of erosion, sediment, and stormwater runoff resulting from land disturbing activities.
(E) The commission may amend, modify, or repeal these regulations in accordance with the provisions of the Administrative Procedures Act.
Section 48-14-60. (A) The commission may delegate any or all components of stormwater management and sediment control programs to a local government, conservation district, or other political subdivision pursuant to regulations promulgated by the commission.
(B) Requests for delegation of program elements must be submitted within six months of the promulgation of the applicable state regulation, and by January first of subsequent years if delegation is desired at a future date. The commission shall approve, approve with modification, or deny such a request on or before April first of the year for which delegation is sought.
(C) Delegation, once applied for, becomes effective on July first and may not exceed three years, at which time delegation renewal is required.
(D) A local government may develop the program in cooperation with conservation districts or other political subdivisions.
(E) In the event a local government does not adopt and request approval of a stormwater management and sediment control program within its jurisdiction, the local conservation district may adopt a program in conjunction with subdivision regulations, if applicable, and submit it to the commission for approval.
(F) The commission has jurisdiction, to the exclusion of other implementing agencies, for the purpose of adopting the components of a sediment control and stormwater management program for land disturbing activities that are:
(1) conducted by the United States;
(2) conducted by persons having the power of eminent domain for land disturbing activities which cross jurisdictional boundaries;
(3) conducted by local governments.
Section 48-14-70. (A) Any local government that has adopted a stormwater management and/or sediment control program before the effective date of this chapter may request approval of any or all components of its existing program within its jurisdiction. This request must be submitted within six months of the promulgation of the applicable state regulation. The review and approval, approval with modification, or disapproval of these existing programs must be given priority by the commission. The local government shall continue to administer its existing programs during the review process by the commission. The review must include consideration of the efficiency and effectiveness of the existing program in meeting the intent of this chapter.
(B) The commission shall approve a program upon determining that its standards equal or exceed those of this chapter. The commission shall only modify the portions of a program which do not meet the minimum standards of this chapter.
(C) If a local government's request for approval of one or more components of an existing stormwater management or sediment control is not approved by the commission, the local government may appeal the commission's action following the procedures detailed in the regulations promulgated pursuant to this chapter.
Section 48-14-80. One year after the effective date of this act, a federal agency may not undertake any regulated activity unless the agency has submitted a stormwater management and sediment control plan to the commission and received its approval. The only variation to this requirement is when program elements are delegated by the commission to a federal agency.
Section 48-14-85. After the effective date of this act, a local government may not undertake any regulated activity unless the local government has submitted a request for a general permit to the commission and received its approval.
Section 48-14-90. (A) With respect to approved stormwater management and sediment control plans, the implementing agency shall ensure that periodic reviews are undertaken, implementation is accomplished in accordance with the approved plans, and the required measures are functioning in an effective manner. Notice of right of entry must be included in the stormwater management and sediment control plan certification. The implementing agency may request assistance from the commission.
(B) The request for assistance from the commission may initiate an inspection to verify site conditions. That inspection may result in the following actions:
(1) notification by the implementing agency to the person responsible for the land disturbing activity to comply with the approved plan within a specified time;
(2) notification by the implementing agency that the required measures are not functioning in an effective manner with a schedule for the person responsible for the disturbing activity to maintain the required measures or install additional measures which will be effective in controlling stormwater runoff and off-site sediment movement.
(C) Failure of the person responsible for the land disturbing activity to comply with commission requirements may result in the following actions in addition to other penalties as provided in this chapter:
(1) The commission may request that the appropriate implementing agency issue a stop work order until the violations have been remedied.
(2) The commission may request that the appropriate implementing agency refrain from issuing any further building or grading permits to the person having outstanding violations until those violations have been remedied.
(3) The commission may recommend fines to be levied by the implementing agency.
Section 48-14-95. (A) The implementing agency shall have the right of entry for the purpose of determining if a land disturbing activity is being conducted without an approved stormwater management and sediment control plan, conducting inspections and taking enforcement actions.
(B) Upon inspection, if the implementing agency determines that a land disturbing activity is taking place without an approved stormwater management and sediment control plan, the implementing agency shall post a stop work order at the site of the land disturbing activity and shall notify the person responsible for the land disturbing activity of the requirements to submit a stormwater management and sediment control plan to the implementing agency and receive approval prior to resuming the land disturbing activity and the requirement to correct all violations.
Section 48-14-100. (A) All disturbed areas which exist on the effective date of this chapter as a result of land disturbing activity and which result in offsite damage from sediment and stormwater runoff, must be provided with ground cover or other protective measures, structures, or devices sufficient to control offsite sediment and nonpoint source pollution.
(B) The implementing agency shall serve a notice to comply upon the landowner or other person in possession or control of the land by depositing in the mail a certified letter. The notice must state the measures needed and the time allowed for compliance. The implementing agency shall consider the economic feasibility, technological expertise, and quality of work required, and shall establish reasonable time limits.
Section 48-14-110. The commission, in conjunction with local governments and districts and other appropriate state and federal agencies, shall conduct educational programs in stormwater management and sediment control for state and local government officials, persons engaged in land disturbing activities, interested citizen groups, and others.
Section 48-14-120. (A) The implementing agencies are authorized to receive from federal, state, or other public or private sources financial, technical, or other assistance for use in accomplishing the purposes of this chapter.
(B) The implementing agency has authority to adopt a fee system to help fund program administration. A fee system may be adopted by the implementing agency to help to fund overall program management, plan review, construction review, enforcement actions, and maintenance responsibilities. In those situations where the commission becomes the implementing agency, the commission may assess a plan review and inspection fee. Fees must be based upon the costs to the implementing agency to implement and administer the program. The implementing agency is granted authority to expend the funds it collects from the fee system to administer the provisions of this act. The commission shall not assess a local government a plan review and inspection fee.
(C) Authority is granted to local governments to establish a stormwater utility. The stormwater utility may fund such activities as watershed master planning, facility retrofitting, and facility maintenance. This funding shall occur through the establishment of a fee system or tax assessment that must be reasonable and equitable. Criteria for the implementation of the stormwater utility must be established in regulations promulgated under this chapter. The implementation of a stormwater utility will necessitate the adoption of a local utility ordinance prior to its implementation.
Section 48-14-130. (A) In addition to the other regulatory requirements in this act, designated watersheds shall have the regulatory requirements for land disturbing activities within the watershed clearly specified through a watershed master plan which includes nonpoint source pollution control, stormwater management, and flood control components. The watershed master plan for the designated watershed must contain the following information:
(1) stormwater quantity or quality problem identification;
(2) the overall condition and needs of the watershed, not just the additional impacts of new development activities;
(3) alternative approaches to address the existing and future problems;
(4) a defined approach which includes the overall costs and benefits;
(5) a schedule for implementation;
(6) funding sources and amounts; and
(7) a public involvement process which includes the establishment of a local watershed advisory committee and public hearing prior to approval by the commission, the South Carolina Water Resources Commission, and the Department of Health and Environmental Control.
(B) Upon approval of the watershed master plan, all projects undertaken in the designated watershed must have stormwater management and nonpoint source pollution control requirements placed upon them that are consistent with the designated watershed master plan.
Section 48-14-140. (A) Any person who violates any provision of this chapter or any ordinance or regulation promulgated, enacted, adopted, or issued pursuant to this chapter by the commission or other implementing agency, or who initiates or continues a land disturbing activity for which a stormwater management and sediment control plan is required except in accordance with the terms, conditions, and provisions of an approved plan, is subject to a civil penalty of not more than one thousand dollars. No penalty may be assessed until the person alleged to be in violation has been notified of the violation. Each day of a violation constitutes a separate violation.
(B) The implementing agency shall determine the amount of the civil penalty to be assessed under this section for violations under its jurisdiction. It shall make written demand for payment upon the person responsible for the violation and set forth in detail the violation for which the penalty has been invoked. If payment is not received or equitable settlement reached within thirty days after demand for payment is made, a civil action may be filed in the circuit court in the county in which the violation is alleged to have occurred to recover the amount of the penalty. If the implementing agency is the commission, the action must be brought in the name of the State. Local governments shall refer the matters under their jurisdiction to their respective attorneys for the institution of a civil action in the name of the local government in the circuit court in the county in which the violation is alleged to have occurred for recovery of the penalty. Section 48-14-150. (A) When the implementing agency has reasonable cause to believe that any person is violating or is threatening to violate the requirements of this chapter, it may, either before or after the institution of any other action or proceeding authorized by this chapter, institute a civil action for injunctive relief to restrain the violation or threatened violation. The action must be brought in the circuit court of the county in which the violation or threatened violation is occurring or about to occur.
(B) Upon determination by the court that an alleged violation is occurring or is threatened, it shall enter the order necessary to abate the violation or to prevent the threatened violation. The institution of an action for injunctive relief under subsection (A) of this section does not relieve any party to the proceeding from any civil penalty prescribed for violations of this chapter.
Section 48-14-160. Nothing contained in this chapter and no action or failure to act under this chapter may be construed:
(1) to impose any liability on the State, commission, districts, local governments, or other agencies, officers, or employees thereof for the recovery of damages caused by such action or failure to act; or
(2) to relieve the person engaged in the land disturbing activity of the duties, obligations, responsibilities, or liabilities arising from or incident to the operations associated with the land disturbing activity."
SECTION 3. Chapter 13, Title 48 of the 1976 Code is repealed.
SECTION 4. The South Carolina Land Resources Commission shall promulgate regulations necessary to implement Chapter 14, Title 48 of the 1976 Code added by this act.
SECTION 5. Section 4 of this act takes effect upon approval by the Governor. The remaining sections of this act take effect one year after the approval of this act by the Governor./
Amend title to conform.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
H. 3738 -- Reps. Sheheen, Baxley and Burch: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED IN THE 1990 SCHOOL YEAR BY PUBLIC SCHOOL STUDENTS IN KERSHAW COUNTY WHEN SCHOOLS WERE CLOSED DUE TO FLOODING AND IMPASSABLE ROADS ARE EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN.
On motion of Senator HOLLAND, with unanimous consent, the Bill was recalled from the Committee on Education.
The Bill was read the second time, passed and ordered to a third reading.
On motion of Senator HOLLAND, H. 3738 was ordered to receive a third reading on Wednesday, April 10, 1991.
On motion of Senator SETZLER, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.
Senator HOLLAND, Chairman of the Subcommittee on Reapportionment, with unanimous consent, addressed the Senate concerning the public hearing scheduled on Wednesday, April 10, 1991, at 3:00 P.M. to discuss the development of criteria for reapportionment and redistricting plans. Senator HOLLAND welcomed and encouraged members and interested constituents or citizens in their districts to attend and be heard on the matter.
On motion of Senator HOLLAND, the following statement was ordered printed in the Journal:
To: Members of the S.C. Senate
From: Senator Donald H. Holland
Re: Reapportionment
Date: April 8, 1991
The subcommittee and I wish to thank each of you for your cooperation thus far in the reapportionment and redistricting process. As you know, the subcommittee expects to begin consideration of these matters within the next few weeks. In anticipation of the subcommittee's work, I would ask that each of you determine whether you have pursued the following opportunities provided to you: (1) meet with members of the reapportionment subcommittee staff (Frank Caggiano or Michael Couick) and review census population data reports and acquaint yourself with the census maps to be used in the upcoming process, (2) denominate your place of residence on a census map, and (3) arrange for interested constituents in your district to appear before the subcommittee on Wednesday, April 10, 1991, at 3:00 P.M. to discuss the subcommittee's criteria for developing reapportionment and redistricting plans.
If you have not pursued the opportunities enumerated in item (1) above, please, at your earliest convenience, contact Michael Couick so that he may arrange for you to meet with staff. To provide an opportunity to all those members of the Senate who have not pursued the opportunity listed in item (2) above, staff will be available from 8:30 to 11:00 A.M. on Thursday, April 11, 1991, in Room 407 of the Gressette Building to allow you to denominate your place of residence on the census map.
Should you have any questions about the subcommittee's plans or work, please do not hesitate to contact me.
The following were introduced:
S. 855 -- Senator Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-1-160 SO AS TO REQUIRE PUBLIC UTILITIES AND THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NOTIFY RESIDENTS WHO LIVE WITHIN ONE HUNDRED YARDS OF A SITE TO WHICH HERBICIDES ARE TO BE APPLIED.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
S. 856 -- Senator Land: A BILL TO AMEND SECTION 24-23-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES ASSESSED ON PERSONS CONVICTED OF CRIMINAL OFFENSES FOR THE PURPOSE OF DEFRAYING THE COSTS OF COMMUNITY CORRECTIONS PROGRAMS, SO AS TO INCREASE THE FEES.
Read the first time and referred to the Committee on Corrections and Penology.
S. 857 -- Senators Setzler, Stilwell, Hayes, Wilson, Matthews, Gilbert, Patterson, Bryan, Russell, Saleeby, Nell W. Smith, Pope, Macaulay, Martschink and Leatherman: A BILL TO AMEND CHAPTER 59, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPRIETARY SCHOOLS, SO AS TO TRANSFER AUTHORITY FROM THE STATE BOARD OF EDUCATION TO THE STATE COMMISSION ON HIGHER EDUCATION; TO PROVIDE FOR THE STATE COMMISSION ON HIGHER EDUCATION TO PROMULGATE REGULATIONS AND PROVIDE FOR INTERIM REGULATIONS; AND TO REPEAL CHAPTER 61, TITLE 59, RELATING TO REGULATIONS PERTAINING TO COURSES OF INSTRUCTION.
Read the first time and referred to the Committee on Education.
S. 858 -- Senator Thomas: A BILL TO AMEND SECTION 12-36-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT ORTHOTIC DEVICES, EXCLUDE CERTAIN SHOES AND DEVICES FROM THE EXEMPTION, AND DEFINE TERMS.
Read the first time and referred to the Committee on Finance.
S. 859 -- Senator Wilson: A BILL TO AMEND SECTION 33-4-101, AS AMENDED, AND SECTION 33-4-102, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATE NAMES UNDER THE BUSINESS CORPORATION ACT, SO AS TO FURTHER PROVIDE FOR THE SELECTION, RESERVATION, AND USE OF FICTITIOUS OR ASSUMED NAMES.
Read the first time and referred to the Committee on Judiciary.
S. 860 -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 39 SO AS TO ENACT THE UNIFORM TRADE SECRETS ACT.
Read the first time and referred to the Committee on Judiciary.
S. 861 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-412 SO AS TO PROHIBIT A MEMBER OF THE GENERAL ASSEMBLY FROM ACCEPTING A FEE FOR PRACTICING BEFORE A STATE OR COUNTY BOARD OR COMMISSION.
Read the first time and referred to the Committee on Judiciary.
S. 862 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-17-55 SO AS TO REQUIRE REGISTERED LOBBYISTS AND PERSONS EMPLOYING REGISTERED LOBBYISTS TO FILE A REPORT ANNUALLY WITH THE SECRETARY OF STATE DISCLOSING LEGAL FEES PAID TO MEMBERS OF THE GENERAL ASSEMBLY AND TO PROVIDE THAT A REGISTERED LOBBYIST OR PERSON EMPLOYING A REGISTERED LOBBYIST MAY RETAIN A LEGISLATOR ONLY ON AN HOURLY FEE BASIS.
Read the first time and referred to the Committee on Judiciary.
S. 863 -- Senator Land: A BILL TO AMEND SECTION 16-3-1180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIME VICTIMS' COMPENSATION AWARDS, SO AS TO ALLOW A PREVIOUSLY DECIDED AWARD TO BE REOPENED FOR THE PURPOSE OF INCREASING THE COMPENSATION PREVIOUSLY AWARDED, TO PRESCRIBE THE PROCEDURE FOR REOPENING THE AWARD INCLUDING A TWELVE-MONTH LIMIT AFTER THE FINAL PAYMENT DURING WHICH THE REVIEW FOR REOPENING THE AWARD MUST BE MADE; AND TO AMEND SECTION 16-3-1220, AS AMENDED, RELATING TO PERSONS INELIGIBLE FOR CRIME VICTIM'S COMPENSATION, SO AS TO MAKE A PARENT OF A DECEASED VICTIM INELIGIBLE FOR AN AWARD IF THE DECEASED VICTIM COMMITTED OR AIDED IN THE COMMISSION OF THE CRIME UPON WHICH THE CLAIM IS BASED OR ENGAGED IN OTHER UNLAWFUL ACTIVITY WHICH CONTRIBUTED TO OR AGGRAVATED THE RESULTING INJURY.
Read the first time and referred to the Committee on Judiciary.
S. 864 -- Senator Macaulay: A CONCURRENT RESOLUTION TO RECOGNIZE HERMAN CLARENCE TONEY OF OCONEE COUNTY FOR HIS THIRTY-THREE YEARS OF DEDICATED SERVICE TO THE OCONEE SAVINGS AND LOAN ASSOCIATION AND TO EXTEND BEST WISHES FOR HAPPINESS UPON HIS RETIREMENT.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 865 -- Senator Wilson: A BILL TO AMEND SECTION 41-25-30, AS AMENDED,CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF A PERSON ENGAGED IN THE PRIVATE PERSONNEL PLACEMENT SERVICE BUSINESS, SO AS TO DELETE A REQUIREMENT THAT A LICENSEE MAKE PUBLIC NOTIFICATION OF CLOSURE OF ITS BUSINESS IN A NEWSPAPER OF GREATEST CIRCULATION IN THE COUNTY IN WHICH IT IS LOCATED IF THE SECRETARY OF STATE DENIES THE RENEWAL OF ITS LICENSE.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 866 -- Senators Waddell, Drummond, Leatherman, Martschink, Mullinax, J. Verne Smith, Nell W. Smith and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 5 IN TITLE 48, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ENACTING THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY ACT SO AS TO CREATE THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY; TO PROVIDE FOR THE POWERS OF THE AUTHORITY; TO AUTHORIZE THE ESTABLISHMENT BY THE AUTHORITY OF A REVOLVING FUND FOR THE PURPOSE OF MAKING LOANS TO PROJECT SPONSORS FOR THE FINANCING OF WASTEWATER TREATMENT FACILITIES AND OTHER CLEAN WATER PROJECTS; TO AUTHORIZE THE AUTHORITY TO ISSUE BONDS FOR THE PURPOSE OF PROVIDING FUNDS FOR DEPOSIT TO THE REVOLVING FUND; TO PROVIDE FOR THE METHOD OF ISSUANCE AND SECURING OF THE BONDS AND THE PAYMENT; TO AUTHORIZE THE DEPOSIT IN THE REVOLVING FUND OF FEDERAL GRANTS, STATE APPROPRIATIONS, LOAN REPAYMENTS, AND OTHER AMOUNTS AVAILABLE TO THE AUTHORITY; TO AUTHORIZE THE MAKING OF LOANS BY THE AUTHORITY TO PROJECT SPONSORS AND THE BORROWING BY PROJECT SPONSORS FROM THE AUTHORITY; AND TO REPEAL CHAPTER 6 OF TITLE 48, RELATING TO THE WATER POLLUTION REVOLVING FUND.
Read the first time and referred to the Committee on Finance.
H. 3782 -- Reps. Wright and Quinn: A CONCURRENT RESOLUTION TO CONGRATULATE THE IRMO HIGH SCHOOL YELLOW JACKET BOYS BASKETBALL TEAM AND THEIR COACHING STAFF FOR WINNING THE 1991 CLASS AAAA STATE BASKETBALL CHAMPIONSHIP.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3781 -- Reps. Phillips and McCraw: A CONCURRENT RESOLUTION TO EXPRESS SORROW AND EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF BRIDGET MCCULLOUGH OF GAFFNEY IN CHEROKEE COUNTY UPON HER DEATH.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3410 -- Reps. Gregory, Kirsh, Short, Wilkins, Nettles and J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-75-105 SO AS TO PROHIBIT CERTAIN LICENSES AND REGISTRATIONS BY THE BOARD OF EXAMINERS FOR THE LICENSURE OF PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS; TO AMEND SECTION 40-75-100, AS AMENDED, RELATING TO THE REQUIREMENTS FOR LICENSURE UNDER THE PROFESSIONAL COUNSELOR, ASSOCIATE COUNSELOR, AND MARITAL AND FAMILY THERAPIST LICENSING ACT, SO AS TO DELETE THE REQUIREMENT THAT A LICENSURE APPLICANT RESIDE OR INTEND TO PRACTICE IN THIS STATE; TO AMEND SECTION 40-75-170, RELATING TO MISCONDUCT OF A LICENSEE, SO AS TO DELETE THE PROVISION FOR THE USE OF A SOLICITOR OR OTHER PERSON TO OBTAIN PATRONAGE; TO REPEAL SECTION 40-75-190 RELATING TO EXEMPTIONS UNDER THE ACT; AND TO REAUTHORIZE THE EXISTENCE OF THE BOARD OF EXAMINERS FOR SIX YEARS.
Read the first time and referred to the General Committee.
H. 3613 -- Reps. Wilkins, Cato and T.C. Alexander: A BILL TO AMEND SECTION 38-77-285, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALL AUTOMOBILE COVERAGE WRITTEN IN ONE POLICY, SO AS TO REQUIRE THAT THE SECTION APPLIES ONLY TO POLICIES COVERING VEHICLES ELIGIBLE TO BE SURRENDERED TO THE REINSURANCE FACILITY.
Read the first time and referred to the Committee on Banking and Insurance.
H. 3629 -- Rep. Koon: A BILL TO AMEND SECTION 38-73-1380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OR SUBSCRIBERS OF RATING ORGANIZATIONS UTILIZING RATES OR PREMIUM CHARGES FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE COVERAGES, SO AS TO PROVIDE THAT NO PUBLIC HEARING IS REQUIRED TO APPROVE AN EXPENSE COMPONENT FILED BY A MEMBER OR SUBSCRIBER, UNLESS THAT MEMBER'S OR SUBSCRIBER'S TOTAL WRITTEN PRIVATE PASSENGER AUTOMOBILE INSURANCE PREMIUMS DURING THE PREVIOUS CALENDAR YEAR EQUALED OR EXCEEDED FIVE PERCENT RATHER THAN ONE PERCENT OF THE TOTAL WRITTEN PRIVATE PASSENGER AUTOMOBILE INSURANCE PREMIUMS FOR THAT YEAR.
Read the first time and referred to the Committee on Banking and Insurance.
H. 3764 -- Reps. Koon and Klapman: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM THAT PORTION OF ROAD S-258 FROM HIGHWAY NO. 1 TO ROAD S-255 IN LEXINGTON COUNTY AND TO TRANSFER IT TO THE TOWN OF LEXINGTON.
Read the first time and referred to the Committee on Transportation.
Senator LOURIE, from the Committee on Transportation, submitted a favorable with amendment report on:
S. 282 -- Senator Mullinax: A BILL TO AMEND SECTION 56-3-2320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUE OF MOTOR VEHICLE DEALER AND WHOLESALER LICENSE PLATES BY THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO AS TO PROVIDE THAT A DEALER PLATE MAY NOT BE ISSUED UNLESS THE APPLICANT FURNISHES PROOF THAT THE APPLICANT HAS A RETAIL BUSINESS LICENSE AND HAS MADE AT LEAST TEN RETAIL SALES OF MOTOR VEHICLES IN THE TWELVE MONTHS PRECEDING THE APPLICATION.
Ordered for consideration tomorrow.
Senator LOURIE, from the Committee on Transportation, submitted a favorable report on:
S. 622 -- Senator Hinds: A BILL TO AMEND CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4715 SO AS TO ALLOW STATE FORESTRY COMMISSION VEHICLES TO USE RED FLASHING LIGHTS WHEN RESPONDING TO EMERGENCIES.
Ordered for consideration tomorrow.
Senator LOURIE, from the Committee on Transportation, submitted a favorable with amendment report on:
S. 693 -- Senator Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 33 TO TITLE 56 SO AS TO PROVIDE FOR THE REGULATION OF SUBLEASING AND THE LOAN ASSUMPTION OF A MOTOR VEHICLE.
Ordered for consideration tomorrow.
Senator LOURIE, from the Committee on Transportation, submitted a favorable report on:
S. 733 -- Senator Land: A BILL TO AMEND SECTION 57-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR GENERAL PROVISIONS ON HIGHWAYS, BRIDGES, AND FERRIES, SO AS TO INCLUDE RAIL TRANSPORTATION WITHIN THE DEFINITION OF PUBLIC TRANSPORTATION.
Ordered for consideration tomorrow.
Senator LOURIE, from the Committee on Transportation, submitted a favorable report on:
H. 3048 -- Rep. Keyserling: A BILL TO AMEND SECTION 56-7-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM TRAFFIC TICKET, SO AS TO PROVIDE THAT THE UNIFORM TRAFFIC TICKET MUST BE USED FOR VIOLATIONS OF COUNTY OR MUNICIPAL ORDINANCES.
Ordered for consideration tomorrow.
Senator LOURIE, from the Committee on Transportation, submitted a favorable report on:
H. 3376 -- Rep. Felder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4185 SO AS TO REQUIRE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ISSUE AN OPEN END OR ANNUAL PERMIT FOR THE USE ON THE PUBLIC HIGHWAYS OF COTTON MODULAR VEHICLES WITHOUT LIMITATION AS TO WIDTH, PROVIDE A FEE FOR THE PERMIT, AUTHORIZE REGULATIONS, CREATE A MISDEMEANOR OFFENSE, AND PROVIDE A PENALTY.
Ordered for consideration tomorrow.
Senator LOURIE, from the Committee on Transportation, submitted a favorable report on:
H. 3384 -- Rep. Altman: A BILL TO AMEND SECTION 56-5-4140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROSS WEIGHT OF VEHICLES, SO AS TO PROVIDE THAT CERTAIN VEHICLES MUST DISPLAY THE NAME OF THE OWNER OR OPERATOR ON THE VEHICLE.
Ordered for consideration tomorrow.
Senator LOURIE, from the Committee on Transportation, submitted a favorable with amendment report on:
H. 3385 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-1240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPLAY OF LICENSE PLATES, SO AS TO PROHIBIT A CHANGE IN THE APPEARANCE OF A LICENSE PLATE ISSUED BY THE DEPARTMENT.
Ordered for consideration tomorrow.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the Independent Banks of S.C. to attend a reception on Tuesday, April 16, 1991, at the Capital City Club from 6:00 - 8:00 P.M.
The invitation was accepted.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from S.C. Prayer Fellowship to attend a breakfast on Wednesday, April 17, 1991, at the Embassy Suites Hotel, beginning at 7:45 A.M.
The invitation was accepted.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the Assn. of Citadel Men to attend a Barbeque on Wednesday, April 17, 1991, at the Cantey Bldg., beginning at 6:30 P.M.
The invitation was accepted.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the S.C. Petroleum Council to attend a reception, at the Capital City Club, on Tuesday, April 23, 1991, from 6:00 - 8:00 P.M.
The invitation was accepted.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from DuPont to attend a reception on Wednesday, April 24, 1991, at the Marriott Hotel, from 6:00 - 8:00 P.M.
The invitation was accepted.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the S.C. Victim Assistance Network to attend a breakfast, Thursday, April 25, 1991, at the Town House Hotel, beginning at 8:30 A.M.
The invitation was accepted.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the S.C. Assn. of Regional Councils to attend a reception on Tuesday, April 30, 1991, at the Capital City Club, from 6:00 - 8:00 P.M.
The invitation was accepted.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from AIA of S.C. to attend a reception on Wednesday, May 1, 1991, at our Chapters Headquarters, 1522 Richland Street, from 6:00 - 8:00 P.M.
The invitation was accepted.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the S.C. Dairy Assn. to attend a breakfast on Thursday, May 2, 1991, at the Capital City Club, from 7:30 - 9:30 A.M.
The invitation was accepted.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills and Joint Resolution were read the third time and having received three readings in both Houses, it was ordered that the titles thereof be changed to that of Acts and same enrolled for Ratification:
H. 3485 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO THE REPEAL OF 61-31, CAGED LAYER POULTRY HOUSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1309, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3045 -- Reps. P. Harris and Waldrop: A BILL TO AMEND SECTION 43-21-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LONG-TERM CARE COUNCIL, SO AS TO REVISE THE MEMBERS, PROVIDE FOR THE AUTHORIZATION OF DESIGNEES, AND DELETE REPORTS ON THE IMPLEMENTATION STATUS OF PAST COUNCIL RECOMMENDATIONS.
H. 3304 -- Reps. J. Harris, Tucker, Waldrop, Clyborne and Corning: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIMA FACIE EVIDENCE OF AND PROSECUTION FOR FRAUDULENT INTENT IN DRAWING A CHECK, SO AS TO INCREASE THE SERVICE CHARGE FROM FIFTEEN TO TWENTY DOLLARS.
The following Bills were severally read the third time, passed and ordered sent to the House of Representatives:
S. 615 -- Senators Nell W. Smith, Hayes, Courson, Martschink, Bryan, Drummond, Fielding, Giese, Gilbert, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Long, Lourie, Macaulay, Martin, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Stilwell, Thomas, Waddell, Washington, Williams and Wilson: A BILL TO AMEND ACT 114 OF 1989 AND ARTICLE 21, CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INFANTS AND TODDLERS WITH HANDICAPPING CONDITIONS, SO AS TO REVISE THE LEGISLATIVE FINDINGS TO CONFORM TO THE AMENDMENTS IN THIS ACT AND TO REVISE THE DEFINITIONAL SECTION, PROVIDE THE PURPOSE OF THE ARTICLE, PROVIDE DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, REQUIRE THE COMPREHENSIVE INTERAGENCY SYSTEM TO IMPLEMENT COMPONENTS OF THE SYSTEM, TO PROVIDE CERTAIN REQUIREMENTS FOR THE DELIVERY OF EARLY INTERVENTION SERVICES, TO INCLUDE PROVISIONS AND REQUIREMENTS FOR INDIVIDUALIZED FAMILY SERVICE PLANS, TO CLARIFY CONFIDENTIALITY OF INFORMATION, TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO SUBMIT AN ANNUAL REPORT TO THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND TO PROVIDE FOR CONTENTS OF THE REPORT, TO REQUIRE THE ESTABLISHMENT OF LOCAL INTERAGENCY COORDINATING COUNCILS, AND TO PROVIDE FOR THEIR MEMBERSHIP, FUNCTIONS, AND INTERFACING WITH THE STATE INTERAGENCY COORDINATING COUNCIL.
Senator NELL W. SMITH explained the Bill.
S. 200 -- Senators Giese, Courson and Wilson: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST DUMPING LITTER ON PRIVATE OR PUBLIC PROPERTY, EXCEPTIONS, RESPONSIBILITY FOR REMOVAL, AND PENALTIES, SO AS TO INCREASE THE MAXIMUM FINE FROM TWO HUNDRED DOLLARS TO ONE THOUSAND DOLLARS.
Senator GIESE explained the Bill.
S. 793 -- Senators Washington and Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 21 IN CHAPTER 13, TITLE 51, RELATING TO REGIONAL DISTRICTS, COMMISSIONS, AND AUTHORITIES FOR PURPOSES OF PARKS, RECREATION, AND TOURISM, SO AS TO ESTABLISH THE LOWCOUNTRY AND RESORT ISLANDS TOURISM COMMISSION AND TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION.
Senator WADDELL explained the Bill.
The following Bills having been read the second time were passed and ordered to a third reading:
S. 834 -- Senator Drummond: A BILL TO AMEND SECTION 50-21-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE LAW ON THE EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO PROVIDE DEFINITIONS FOR THE TERMS "MARINE MANUFACTURER", "MARINE DEALER", "CERTIFICATE OF NUMBER", AND "TEMPORARY CERTIFICATE OF NUMBER"; TO AMEND SECTION 50-21-40, RELATING TO THE ADMINISTRATION OF CHAPTER 21 OF TITLE 50 (EQUIPMENT AND OPERATION OF WATERCRAFT), SO AS TO DELETE REFERENCE TO THE DIVISION OF BOATING OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT; TO AMEND SECTION 50-21-150, RELATING TO PENALTIES FOR CERTAIN VIOLATIONS OF THE LAW ON THE EQUIPMENT AND OPERATION OF WATERCRAFT, PROVIDE FOR A MINIMUM FINE IN CASES WHERE A PENALTY IS NOT SPECIFIED AND TO INCREASE THE MAXIMUM FINE; TO AMEND SECTION 50-21-320, RELATING TO THE PROVISION THAT CERTAIN MARINE VESSELS NEED NOT BE NUMBERED, SO AS TO PROVIDE THAT ONE OF THE CONDITIONS UNDER WHICH A VESSEL NEED NOT BE NUMBERED OCCURS DURING THE USE OF A WATERCRAFT UNDER AUTHORITY OF A VALID TEMPORARY CERTIFICATE OF NUMBER ISSUED BY THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES OR ITS AUTHORIZED AGENT; TO AMEND THE 1976 CODE BY ADDING SECTION 50-21-345 SO AS TO AUTHORIZE THE DEPARTMENT TO ISSUE TEMPORARY CERTIFICATES OF NUMBER TO PERMIT THE USE OF WATERCRAFT WHILE APPLICATIONS FOR NUMBERS ARE BEING PROCESSED; TO AMEND SECTION 50-21-370, RELATING TO TERM AND RENEWAL OF CERTIFICATES UNDER THE LAW ON EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO ALLOW THE DEPARTMENT TO ISSUE A CERTIFICATE OF NUMBER FOR DEMONSTRATION AND TESTING PURPOSES TO A PERMITTED MARINE DEALER OR MARINE MANUFACTURER; TO AMEND SECTION 50-21-380, RELATING TO TRANSFER OF REGISTRATION UPON CHANGE OF OWNERSHIP OF A MOTORBOAT, SO AS TO SUBSTITUTE "WATERCRAFT" FOR "MOTORBOAT" AND ALLOW THE PURCHASER TO OPERATE THE WATERCRAFT FOR UP TO SIXTY DAYS, RATHER THAN THIRTY DAYS, ON A TEMPORARY BASIS; TO AMEND SECTION 50-21-390, RELATING TO THE TRANSFER, DESTRUCTION, ABANDONMENT, OR DOCUMENTATION OF A MARINE VESSEL, NOTICE, AND TERMINATION OF CERTIFICATE, SO AS TO DELETE CERTAIN PROVISIONS AND REQUIRE THE OWNER TO NOTIFY THE DEPARTMENT IN WRITING WITHIN TEN DAYS IF ANY REGISTERED WATERCRAFT IS ABANDONED, JUNKED, OR DESTROYED OR IS USED IN THE MANUFACTURE OR REMANUFACTURE OF ANOTHER WATERCRAFT; TO AMEND SECTION 50-23-10, AS AMENDED, RELATING TO DEFINITIONS UNDER THE LAW ON THE TITLING OF WATERCRAFT AND OUTBOARD MOTORS, SO AS TO FURTHER PROVIDE FOR THE DEFINITION OF "DEALER'S PERMIT", INCLUDING THE ADDITION OF PROVISIONS REGARDING A DEALER WHO FAILS TO MEET MINIMUM REQUIREMENTS EACH YEAR; TO AMEND SECTION 50-23-60, AS AMENDED, RELATING TO APPLICATION FOR CERTIFICATE OF TITLE FOR A WATERCRAFT OR OUTBOARD MOTOR, SO AS TO DELETE REFERENCE TO "DIVISION" AND REPLACE IT WITH "DEPARTMENT", REQUIRE THAT THE APPLICATION BE MADE WITHIN TWENTY DAYS OF THE DATE OF PURCHASE, MAKE REFERENCE TO MARINE DEALERS, REQUIRE THE DEALER TO MAIL OR DELIVER THE APPLICATION TO THE DEPARTMENT WITHIN THIRTY, RATHER THAN TWENTY, DAYS OF THE SALE, PROVIDE THAT A DEALER, UPON TRANSFERRING A WATERCRAFT OR OUTBOARD MOTOR TO ANOTHER PERSON, OTHER THAN BY CREATION OF A SECURITY INTEREST, WITHIN THIRTY, RATHER THAN TWENTY, DAYS OF SALE SHALL EXECUTE THE ASSIGNMENT AND WARRANTY OF TITLE BY A DEALER, AND PROVIDE THAT DEALERS ARE NOT REQUIRED TO OBTAIN TITLES FOR NEW VESSELS AND OUTBOARD MOTORS HELD IN THEIR INVENTORY FOR SALE UNTIL THEY ARE SOLD OR EXCHANGED, SO LONG AS A PROPER MANUFACTURER'S OR IMPORTER'S CERTIFICATE IS HELD BY THE DEALER; TO AMEND SECTION 50-23-170, AS AMENDED, RELATING TO SERIAL NUMBERS FOR WATERCRAFT AND OUTBOARD MOTORS, SO AS TO PROHIBIT BEING IN POSSESSION OF A PARTICULAR WATERCRAFT OR OUTBOARD MOTOR UNDER CERTAIN CONDITIONS; TO AMEND SECTION 50-23-190, AS AMENDED, RELATING TO OPERATION OR TRANSFER OF WATERCRAFT OR MOTOR WITHOUT A CERTIFICATE, CERTAIN UNLAWFUL ACTS REGARDING WATERCRAFT AND MOTORS, AND FAILURE TO DELIVER OR SURRENDER A CERTIFICATE, SO AS TO PROHIBIT BEING IN POSSESSION OF CERTAIN WATERCRAFT OR OUTBOARD MOTORS UNDER CERTAIN CONDITIONS; TO AMEND SECTION 50-23-205, AS AMENDED, RELATING TO SEIZURE OF CERTAIN WATERCRAFT, NOTICE OF SEIZURE, AND DISPOSAL OF WATERCRAFT, SO AS TO ADD PROVISIONS REGARDING WHAT THE DEPARTMENT SHALL DO WHEN THE DEPARTMENT DETERMINES THE OWNER OF ANY SEIZED WATERCRAFT OR OUTBOARD MOTOR, INCLUDING PROVISIONS FOR FORFEITURE; AND TO AMEND SECTION 50-23-280, AS AMENDED, RELATING TO PENALTIES UNDER THE LAW ON TITLING OF WATERCRAFT AND OUTBOARD MOTORS, SO AS TO PROVIDE SPECIAL PENALTIES FOR ANY DEALER WHO VIOLATES THE PROVISIONS OF CHAPTER 23 OF TITLE 50, AND PROVIDE THAT ANY PERSON WHO UTTERS A FRAUDULENT CHECK TO THE DEPARTMENT FOR FEES, OR IS CONVICTED OF VIOLATING ANY PROVISION OF CHAPTER 23 OF TITLE 50, MAY BE DENIED FUTURE DEALER PERMITS BY THE DEPARTMENT.
H. 3205 -- Reps. M.O. Alexander, T.C. Alexander, Cato, Clyborne, Corning, Burch, D. Elliott, Gentry, Haskins, Hayes, Hodges, Houck, J.W. Johnson, Keegan, Kempe, Keyserling, Kinon, Kirsh, Klapman, Manly, L. Martin, Mattos, McElveen, Rudnick, Stoddard, Waldrop, R. Young, Koon, Boan, Wells, Quinn, Neilson, McLeod, T. Rogers, Hallman, Sturkie, McGinnis, Littlejohn, Baxley, Keesley, McKay, Wofford, L. Elliott, Cromer, Fulmer, Lanford, Altman, J. Williams, Huff, Rama, D. Williams, Wilkes, Cole, Smith, Wilkins, Burriss, Carnell, Waites, Foster, P. Harris, Derrick, J. Harris, Phillips, Farr, J.C. Johnson, White, Sharpe and McTeer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 43, TITLE 44 SO AS TO PROVIDE HOSPITAL POLICIES FOR ORGAN AND TISSUE DONATION.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The amendment proposed by the Committee on Medical Affairs (NO5\7384.BD) was adopted as follows:
Amend the bill, as and if amended, by striking Section 44-43-910, SECTION 1, and inserting:
/Section 44-43-910. As used in this chapter:
(1) `Brain death' means irreversible cessation of all functions of the brain, including the brain stem, as determined in accordance with accepted medical standards.
(2) `Hospital' means a hospital licensed, accredited, or approved under the laws of this State and includes a hospital operated by the United States or the State or its subdivisions, although not required to be licensed under state law.
(3) `Potential organ donor' means a person who has died or is dying in circumstances that give rise to a reasonable medical belief that the person will meet the medical criteria for donation of at least one organ including, but not limited to, the heart, lung, liver, pancreas, and kidneys.
(4) `Potential tissue donor' means a person who has died or is dying in circumstances that give rise to a reasonable medical belief that the person will meet the medical criteria for donation of at least one type of tissue including, but not limited to, heart valves, eyes, bone, cartilage, skin ligaments, tendons, and fascia.
(5) `Procurement agencies' include, but are not limited to, the South Carolina Organ Procurement Agency, Inc., American Red Cross-Southeastern Transplantation Services, and South Carolina Lions Eye Bank, Inc./
Amend further, Section 44-43-970, SECTION 1, by adding an appropriately lettered subsection to read:
/( ) This section does not prevent donations pursuant to Section 44-43-340./
Amend further by striking Section 44-43-1000, SECTION 1, and inserting:
/Section 44-43-1000. The following must be documented in the medical records of patients identified as potential organ donors or potential tissue donors:
(1) when a family is not approached to request organ or tissue donation and the reasons;
(2) when a family is approached to request organ or tissue donation and the response;
(3) disposition of a referral to a procurement agency including acceptance or rejection by the agency. The appropriate agency shall notify the referring hospital of the disposition./
Reletter subsections to conform.
Amend title to conform.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
The following Bills and Joint Resolution having been read the second time were passed and ordered to a third reading:
S. 798 -- Senator Washington: A BILL TO PROVIDE THAT THE COLLETON COUNTY VETERANS AFFAIRS OFFICER MUST BE APPOINTED IN THE MANNER PROVIDED IN SECTION 25-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO REPEAL ACT 16 OF 1973 AND ALL OTHER ACTS PROVIDING FOR THE ELECTION OF THE COLLETON COUNTY VETERANS AFFAIRS OFFICER.
On motion of Senator WASHINGTON, S. 798 was ordered to receive a third reading on Wednesday, April 10, 1991.
H. 3031 -- Reps. P. Harris, Carnell, J. Harris, Mattos, Wilder, Baxley and McAbee: A BILL TO AMEND SECTION 1-11-144, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH AND DENTAL INSURANCE COVERAGE FOR REGIONAL TOURISM PROMOTION COMMISSIONS, SO AS TO DELETE THE REQUIREMENT THAT THE COVERAGE IS PROVIDED THROUGH THE RETIREMENT SYSTEM AND TO PROVIDE FOR COVERAGE FOR COUNTY MENTAL RETARDATION BOARDS FUNDED BY THE STATE MENTAL RETARDATION DEPARTMENT.
S. 843 -- Judiciary Committee: A BILL TO AMEND SECTION 14-3-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPELLATE JURISDICTION OF THE SUPREME COURT IN LAW CASES, SO AS TO DELETE THE TIME PERIOD WITHIN WHICH NOTICE OF APPEAL MUST BE GIVEN IN ORDER TO CONFORM THE PROVISIONS OF THIS SECTION TO THE PROVISIONS OF THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTION 18-9-10, RELATING TO WHEN AN APPEAL MAY BE TAKEN TO THE SUPREME COURT, SO AS TO PROVIDE THAT THE PROCEDURE FOR TAKING AN APPEAL IS AS PROVIDED BY THE SOUTH CAROLINA APPELLATE COURT RULES; TO REPEAL SECTIONS 14-3-650, RELATING TO THE DOCKETING FEE IN CIVIL CASES, 18-9-250, RELATING TO THE PRINTING OF TESTIMONY, 18-9-300, RELATING TO THE CLERK OF THE SUPREME COURT ATTACHING A COPY OF THE OPINION OF THE COURT TO THE JUDGMENT REMITTED TO THE COURT BELOW, AND SECTION 20-7-2225, RELATING TO NOTICE OF APPEALS FROM THE FAMILY COURT, WHICH SECTIONS ARE REPLACED BY PROVISIONS CONTAINED IN THE SOUTH CAROLINA APPELLATE COURT RULES; AND TO PROVIDE THE SOUTH CAROLINA APPELLATE COURT RULES SHALL CONTROL WHEN IN CONFLICT WITH APPLICABLE PROVISIONS OF STATUTORY LAW EXCEPT THAT THESE RULES MAY NOT EFFECT ANY SUBSTANTIVE RIGHT OF ANY PARTY IN A CIVIL OR CRIMINAL MATTER, AND THAT IF A CIVIL OR CRIMINAL MATTER INVOLVES THE SUBSTANTIVE LEGAL RIGHTS OF ANY PARTY, THEN THE SUBSTANTIVE LEGAL PRINCIPLES, AS PROVIDED FOR IN STATUTES AND CASE LAW, MUST BE APPLIED.
S. 832 -- Senator Bryan: A BILL TO AMEND ACT 571 OF 1990, RELATING TO JUVENILE DETENTION SO AS TO CHANGE THE EFFECTIVE DATE FOR CERTAIN SECTIONS FROM JANUARY 1, 1992, TO JANUARY 1, 1993.
S. 835 -- Senators Martschink and Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-165 SO AS TO PROVIDE FOR THE TAKING OR POSSESSING OF HORSESHOE CRABS AND PENALTIES.
H. 3008 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-12 SO AS TO AUTHORIZE THE EXECUTIVE DIRECTOR OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO DESIGNATE NOT MORE THAN TWO DAYS IN EACH CALENDAR YEAR AS FREE FISHING DAYS AND TO PROVIDE THAT RESIDENTS OF THIS STATE, WITHOUT OBTAINING A FISHING LICENSE, MAY EXERCISE THE PRIVILEGES OF A HOLDER OF A FISHING LICENSE, SUBJECT TO LIMITATIONS AND RESTRICTIONS, AND TO PROVIDE THAT THIS PROVISION DOES NOT AFFECT COMMERCIAL FISHING LICENSES.
H. 3715 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEACHER EDUCATION PROGRAMS OFFERED BY COLLEGES AND UNIVERSITIES IN SOUTH CAROLINA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1334, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3067 -- Reps. Wilder, Baxley, Manly, Mattos, Barber, Wright, Corning, Jaskwhich, McTeer, Vaughn, Sharpe, Whipper and Rama: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO DEVELOP A SYSTEM FOR SERVICE DELIVERY FOR PERSONS WITH HEAD AND/OR SPINAL CORD INJURIES IN THIS STATE AND TO PROVIDE FOR THE MEMBERSHIP, DUTIES, AND RESPONSIBILITIES OF THE TASK FORCE.
The Senate proceeded to a consideration of the Joint Resolution. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The amendment proposed by the Committee on Medical Affairs (AMEND\DKA\3269.AL) was adopted as follows:
Amend the bill, as and if amended, page 1, by deleting /injured/ on line 22 and by deleting /care/ on line 37.
Amend further, SECTION 1(A)(4), page 2, line 42, after /Medicine/ by inserting:
/;
(q) Department of Health and Environmental Control;
(r) insurance industry appointed by the Insurance Commissioner/
When amended item (4) reads:
/(4) one representative from each of the following organizations, departments, or agencies to serve at no additional expense to the State:
(a) Health and Human Services Finance Commission;
(b) Department of Social Services;
(c) Department of Mental Retardation;
(d) Department of Vocational Rehabilitation;
(e) the Continuum of Care for Emotionally Disturbed Children;
(f) each of the head injury advocacy organizations;
(g) the Spinal Cord Injury Association;
(h) Developmental Disabilities Council in the Office of the Governor;
(i) private service delivery sector appointed by the South Carolina Medical Association;
(j) Employment Security Commission;
(k) Department of Education;
(l) Department of Mental Health;
(m) South Carolina Protection and Advocacy;
(n) Long Term Care Council;
(o) a consultant knowledgeable in head and/or spinal cord injury appointed by the Medical University of South Carolina;
(p) a consultant knowledgeable in head and/or spinal cord injury appointed by the University of South Carolina School of Medicine;
(q) Department of Health and Environmental Control;
(r) insurance industry appointed by the Insurance Commissioner./
Amend further, SECTION 3(4), page 4, line 6, by deleting /those with/.
Reletter subitems to conform.
Amend title to conform.
There being no further amendments, the Joint Resolution was read the second time, passed and ordered to a third reading.
S. 194 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-601 SO AS TO PROVIDE THAT A JUVENILE MAY NOT BE INCARCERATED IN A JAIL OR OTHER PLACE OF DETENTION FOR CONTEMPT OF COURT FOR COMMITTING OR VIOLATING A COURT ORDER PROHIBITING THE COMMISSION OF A STATUS OFFENSE, AND BY ADDING SECTION 20-7-602 SO AS TO PROVIDE THAT THE TERMS "JAIL OR OTHER PLACE OF DETENTION" AND "DETENTION FACILITIES" INCLUDE A LAW ENFORCEMENT LOCKUP OR HOLDING CELL FOR PURPOSES OF CERTAIN PROVISIONS OF LAW PROHIBITING THE PLACING OF A JUVENILE IN JAIL FOR A STATUS OFFENSE OR THE PLACING OF A JUVENILE LAWFULLY IN JAIL IN THE SAME CELL WITH ADULTS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Corrections and Penology.
Senator ROSE explained the amendment.
Senator NELL W. SMITH objected to further consideration of the Bill.
S. 610 -- Senators Rose, McGill, Reese and Thomas: A BILL TO AMEND SECTION 44-53-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE OF PROPERTY OBTAINED THROUGH OR USED FOR TRANSACTIONS INVOLVING ILLEGAL CONTROLLED SUBSTANCES, SO AS TO PROVIDE FOR PUBLIC DISCLOSURE OF PROPERTY SEIZED AND TO PROHIBIT LAW ENFORCEMENT OFFICERS FROM USING FORFEITED PROPERTY FOR PERSONAL PURPOSES; AND TO AMEND SECTION 44-53-530, AS AMENDED, RELATING TO DISPOSITION OF PROCEEDS OF SALES, SO AS TO PROVIDE FOR DOCUMENTATION AND PUBLIC DISCLOSURE OF THE USE OF SEIZED PROPERTY.
On motion of Senator WASHINGTON, the Bill was carried over.
S. 295 -- Senators Setzler and Stilwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-31 SO AS TO FURTHER PROVIDE FOR THE QUALIFICATIONS OF CHILDREN TO ATTEND THE PUBLIC SCHOOLS OF ANY SCHOOL DISTRICT, AND SECTION 59-63-32 SO AS TO PERMIT A SCHOOL DISTRICT TO IMPOSE CERTAIN REQUIREMENTS ON ADULTS SEEKING TO ENROLL A CHILD IN A SCHOOL OF THAT DISTRICT.
On motion of Senator SETZLER, the Bill was carried over.
S. 361 -- Senators Setzler, Hinds, Leventis, Martin, Mitchell, Land, Wilson, Rose, Moore, Russell, Lourie and Mullinax: A BILL TO AMEND CHAPTER 103, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON HIGHER EDUCATION, BY ADDING SECTION 59-103-160 SO AS TO PROVIDE FOR THE COMMISSION TO DEVELOP INFORMATION PACKAGES ON POST-SECONDARY EDUCATION REQUIREMENTS AND OPTIONS, SECTION 59-103-170 SO AS TO PROVIDE FOR COUNSELING BY HIGHER EDUCATION INSTITUTIONS ON POST-SECONDARY EDUCATION FOR EIGHTH GRADE STUDENTS, SECTION 59-103-180 SO AS TO PROVIDE FOR THE COOPERATION OF THE STATE BOARD AND DEPARTMENT OF EDUCATION AND THE SEVERAL SCHOOLS AND SCHOOL DISTRICTS OF THIS STATE, AND SECTION 59-103-190 SO AS TO REQUEST BUSINESS AND INDUSTRY TO ALLOW PARENTS THE OPPORTUNITY TO PARTICIPATE IN THE COUNSELING.
On motion of Senator SETZLER, the Bill was carried over.
S. 757 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-570 SO AS TO MAKE IT UNLAWFUL TO CONDUCT A COMPETITION FOR THE TAKING OR DISPLAY OF BIG GAME, TO PROVIDE AN EXEMPTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
On motion of Senator MOORE, the Bill was carried over.
S. 763 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-85 SO AS TO MAKE UNLAWFUL AND PROHIBIT CERTAIN ACTIVITY WITHIN ONE HUNDRED YARDS OF THE SOUTH OCEAN JETTY AT THE ENTRANCE TO MURRELLS INLET AND TO PROVIDE FOR A PENALTY.
On motion of Senator MOORE, the Bill was carried over.
S. 787 -- Senator Drummond: A BILL TO REQUIRE THE CODE COMMISSIONER TO CHANGE CERTAIN WORDS, PHRASES, AND TERMS RELATING TO FISH AND GAME LAWS; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-05 SO AS TO DEFINE TERMS AND SECTION 50-3-75 SO AS TO PROVIDE DUTIES FOR THE WILDLIFE AND MARINE RESOURCES DEPARTMENT; TO AMEND SECTION 50-15-50, RELATING TO NONGAME AND ENDANGERED SPECIES, SO AS TO DELETE PROVISIONS AUTHORIZING AGREEMENTS BETWEEN THE WILDLIFE AND MARINE RESOURCES COMMISSION AND OTHER ENTITIES AND DELETE THE REFERENCES TO CERTAIN REGULATIONS; AND TO REPEAL SECTIONS 50-1-190, 50-3-80, 50-5-130, 50-11-520, 50-11-860, 50-11-875, 50-11-880, 50-11-883, 50-11-890, 50-11-900, 50-11-910, 50-11-920, 50-11-1050, 50-11-1070, 50-11-1080, 50-11-1090, 50-11-1120, 50-11-1130, 50-11-1150, 50-11-1160, 50-11-1170, 50-13-1950, 50-13-1960, 50-13-1970, 50-13-1980, 50-15-70, 50-21-40, 50-21-50, 50-21-610, AND 50-21-1010 AND CHAPTER 25 OF TITLE 50 RELATING TO BOATING AND WILDLIFE CONSERVATION.
On motion of Senator MOORE, the Bill was carried over.
S. 788 -- Senator Drummond: A BILL TO AMEND SECTION 50-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE TAKING OF CERTAIN FISH AND CRUSTACEANS, SO AS TO DELETE THE PROVISION ALLOWING SPANISH MACKEREL AND COBIA TO BE LANDED WITH HEAD AND TAIL FINS REMOVED AND REVISE THE PROVISIONS FOR THE APPLICATION OF FEDERAL REGULATIONS TO STATE WATERS.
On motion of Senator MOORE, the Bill was carried over.
S. 791 -- Senator Drummond: A BILL TO AMEND SECTIONS 24-21-60, 24-21-70, AND 24-21-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO GRANT THE DUTIES PREVIOUSLY GRANTED TO THE EXECUTIVE DIRECTOR TO THE COMMISSIONER; TO AMEND SECTION 24-21-220, RELATING TO THE POWERS OF THE EXECUTIVE DIRECTOR, SO AS TO GRANT THE DUTIES PREVIOUSLY GRANTED TO THE EXECUTIVE DIRECTOR TO THE COMMISSIONER AND FURTHER GRANT THE COMMISSIONER ADMINISTRATIVE DUTIES REGARDING MEETINGS; TO AMEND CHAPTER 21, TITLE 24, BY ADDING SECTION 24-21-221, SO AS TO PROVIDE THAT THE COMMISSIONER MUST GIVE A THIRTY-DAY NOTICE TO CERTAIN PERSONS PRIOR TO CONSIDERING A PRISONER FOR PAROLE; TO AMEND SECTIONS 24-21-230, 24-21-240, 24-21-250, 24-21-260, 24-21-270, 24-21-280, 24-21-290, 24-21-420, 24-21-430, RELATING TO PROBATION OFFICERS, SO AS TO CHANGE THE REFERENCES TO "OFFICERS" TO "AGENTS" AND REFERENCES TO "EXECUTIVE DIRECTOR" TO "COMMISSIONER"; TO AMEND SECTION 24-21-440, RELATING TO TIME PERIODS OF PROBATION, SO AS TO DELETE THE REQUIREMENT THAT THE COURT MUST ENTER A DISCHARGE ORDER UPON COMPLETION OF THE PROBATION PERIOD; TO AMEND SECTION 24-21-450, RELATING TO REVOCATION OF PAROLE, SO AS TO CHANGE REFERENCES TO "OFFICER" TO "AGENT"; TO AMEND SECTION 24-21-480, RELATING TO RESTITUTION CENTERS, SO AS TO AUTHORIZE THE BOARD TO PLACE A PRISONER IN A RESTITUTION CENTER AS A CONDITION OF PAROLE; TO AMEND SECTION 24-21-620, RELATING TO PAROLE BOARD REVIEWS, SO AS TO CHANGE THE REFERENCE TO THE "COMMISSIONER OF PAROLES AND PARDONS" TO "COMMISSIONER"; TO AMEND SECTIONS 24-21-645 AND 24-21-650, RELATING TO THE BOARD, SO AS TO CHANGE THE REFERENCES TO "EXECUTIVE DIRECTOR" TO "COMMISSIONER"; TO AMEND SECTION 24-21-660, RELATING TO A PAROLED PRISONER'S CUSTODY, SO AS TO REQUIRE THAT THE PRISONER REMAIN IN THE BOARD'S "JURISDICTION" RATHER THAN IN THE BOARD'S "LEGAL CUSTODY"; TO AMEND SECTION 24-21-680, RELATING TO REVOCATION OF PAROLE, SO AS TO REQUIRE THE PAROLE AGENT TO ISSUE A CITATION UPON THE VIOLATION OF PAROLE AND TO GRANT THE BOARD THE AUTHORITY TO MAKE A FINAL DETERMINATION AS TO REVOCATION RATHER THAN CANCELING THE ORDER OF PAROLE AND GIVING THE PRISONER THE STATUS OF AN ESCAPED CONVICT; TO AMEND 24-21-930, RELATING TO PAROLE ORDERS, SO AS TO CHANGE REFERENCES TO "EXECUTIVE DIRECTORS" TO "COMMISSIONERS"; TO AMEND SECTION 24-21-990, RELATING TO THE EFFECTS OF A PARDON, SO AS TO ALLOW A PARDONED PRISONER TO HOLD PUBLIC OFFICE EXCEPT AS PROVIDED FOR IN SECTION 16-13-210 AND TO PROVIDE THAT A PARDON DOES NOT EXPUNGE A RECORD OF CONVICTION; TO AMEND SECTION 24-23-130, RELATING TO THE SUPERVISION OF A PROBATIONER, SO AS TO CHANGE THE REFERENCES TO "OFFICER" TO "AGENT"; AND TO REPEAL SECTION 24-21-14, RELATING TO THE COMMISSIONER OF PAROLES AND PARDONS.
On motion of Senator MOORE, the Bill was carried over.
S. 794 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-270 SO AS TO PROVIDE FOR DAMAGES FOR THE UNLAWFUL GROSS DESTRUCTION OF OR INJURY TO WILDLIFE, AQUATIC LIFE, ENDANGERED AND THREATENED SPECIES, AND THE LANDS AND WATERS OWNED BY THE STATE.
On motion of Senator MOORE, the Bill was carried over.
H. 3246 -- Reps. Wright, Wilkes, D. Elliott and Sharpe: A BILL TO AMEND SECTION 52-7-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOXING, WRESTLING, OR SPARRING EVENTS NOT SUBJECT TO REGULATION BY THE STATE ATHLETIC COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION MAY APPROVE EXEMPTION FROM REGULATION EVENTS OF AMATEUR ASSOCIATIONS OR GROUPS AND TO DELETE PROVISIONS RELATING TO CIRCUMSTANCES IN WHICH AN AMATEUR BOXER MAY APPEAR ON A PROFESSIONAL CARD; AND TO AMEND SECTION 52-7-310, AS AMENDED, RELATING TO COUNTY ATHLETIC COMMISSIONS, SO AS TO PROVIDE THAT SUCH COMMISSIONS ARE APPOINTED BY THE GOVERNING BODY OF THE COUNTY FOR TERMS OF FOUR YEARS.
On motion of Senator MOORE, the Bill was carried over.
H. 3289 -- Rep. J. Bailey: A BILL TO AMEND SECTION 51-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE OLD EXCHANGE BUILDING COMMISSION, SO AS TO PROVIDE A PROCESS FOR FILLING VACANCIES.
On motion of Senator MARTSCHINK, the Bill was carried over.
H. 3649 -- Agriculture, Natural Resources and Environmental Affairs Committee: A BILL TO AMEND SECTION 50-11-390, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT REGARDING ANTLERLESS DEER, SO AS TO REVISE THE DEPARTMENT'S AUTHORITY AND RELATED PENALTIES.
On motion of Senator MOORE, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, AND BY PRIOR ORDER OF THE SENATE TO CARRY OVER S. 494 IN INTERRUPTED DEBATE UNTIL TUESDAY, APRIL 16, 1991, THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator MOORE, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.
S. 409 -- Senators Waddell and Giese: A BILL TO AMEND SECTION 12-36-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT SUPPLIES, TECHNICAL EQUIPMENT, MACHINERY, AND ELECTRICITY SOLD TO MOTION PICTURE COMPANIES AND TO PROVIDE DEFINITIONS.
On motion of Senator MOORE, the Bill was carried over.
S. 388 -- Senators Moore, Bryan, Hinds, Courson, Washington, Wilson and Giese: 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; 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; AND TO AMEND CHAPTER 7 OF TITLE 12 BY ADDING AN APPROPRIATELY NUMBERED SECTION SO AS TO PROVIDE FOR A CHECKOFF ON STATE TAX RETURNS FOR CONTRIBUTIONS MADE TO THE SOLID WASTE MANAGEMENT TRUST FUND.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.
Senator MOORE was recognized to speak on the Bill.
Senator HAYES proposed the following Amendment No. C (RES388.32), which was adopted:
Amend the committee report, as and if amended, page xiv, Section 44-96-50(A) by deleting the following beginning on line 35
/or thermal destruction,/
Amend the committee report further, as and if amended, by deleting on line 44 the following /thermal destruction,/
Amend title to conform.
Senator HAYES argued in favor of the adoption of the amendment.
Senator HAYES moved that the amendment be adopted.
The amendment was adopted.
Senator MOORE proposed the following Amendment No. E (RES388.38), which was adopted:
Amend the committee report, as and if amended, page xv, Section 44-96-50(A), lines 8 and 9, by deleting the words /, and the protection of human health/.
Amend the committee report further, as and if amended, page xxxvii, Section 44-96-120(B)(3), line 5, by deleting the word /and/ and on line 11, by substituting for the word /assure/ the word /ensure/.
Amend the committee report further, as and if amended, page xxxviii, Section 44-96-120(C), line 13, by substituting for the word /fund/ the word /Fund/.
Amend the committee report further, as and if amended, page l, Section 44-96-160(V)(1), line 37, by substituting for the word /their/ the word /its/.
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
Senator MOORE moved that the amendment be adopted.
The amendment was adopted.
Senator LAND proposed the following Amendment No. F (AGR388.1), which was adopted:
Amend the committee report, as and if amended, page lxxv, by striking lines 41-42, in subsection (F) of Section 44-96-290, as contained in SECTION 1, and inserting therein the following:
/with local zoning, land use, and other applicable local ordinances, if any; that, eighteen months after the/
Amend title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senators McCONNELL and MACAULAY proposed the following Amendment No. G (RES388.42), which was adopted:
Amend the committee report, as and if amended, page cv, by deleting SECTION 4.
Amend the committee report further, page cviii, SECTION 9, line 9, by deleting beginning with the word /except/ through line 14 ending with /1991/
Amend title to conform.
Renumber sections to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
Senator HAYES proposed the following Amendment No. J (RES388.44), which was adopted:
Amend the committee report, as and if amended, page xlv, Section 44-96-160(C), by adding a new paragraph at the end that reads as follows:
/If a hazardous substance is mixed with used oil accepted at a volunteer used oil collection center, any costs for the proper disposal of this contaminated waste will be incurred by the Petroleum Fund, if no more than five gallons of used oil was accepted from any one person at any one time./
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the amendment.
The amendment was adopted.
Senator MOORE proposed the following Amendment No. D (RES388.45), which was adopted:
Amend the committee report, as and if amended, page lxxv, Section 44-96-290(E), by striking lines 8 through 24, ending with the word /environment./.
Amend the committee report further, as and if amended, page lxxv, Section 44-96-290(E), by striking line 30 and inserting the following in lieu thereof:
/facilities which are not commercial solid waste management facilities or to industrial facilities managing/
Amend the committee report further, as and if amended, page lxxv, Section 44-96-290, by adding a new appropriately numbered subsection after line 35, to read as follows:
/( ) In considering a demonstration of need from an applicant to construct a new facility prior to adoption and approval of state and county or regional solid waste plans as required by Sections 44-96-60 and 44-96-80, the department may only consider the amount of waste generated within this state; except that no county or proposed region may be required to use any facility permitted during this interim period unless the governing body of the county or the governing bodies of the counties in a proposed region adopt a resolution expressing their intent to use the facility. The governing body of the county in which such landfill will be located shall request that the department issue a permit to the new facility. Any new facility which is to be permitted must comply with the county zoning and land ordinances and must meet the requirements of Sections 44-96-320, 44-96-330, and 44-96-350.
In considering a demonstration of need from an applicant to construct an expansion to an existing permitted facility prior to adoption and approval of state and county or regional solid waste plans as required by Sections 44-96-60 and 44-96-80, the department may only consider the amount of waste generated within this state; except that no county or proposed region may be required to use any facility permitted during this interim period unless the governing body of the county or the governing bodies of the counties in a proposed region adopt a resolution expressing their intent to use the facility. Any expansion to an existing facility which is to be permitted must comply with the county zoning and land use ordinances and must meet the requirements of Sections 44-96-320, 44-96-330, and 44-96-350. For the purpose of this subsection, expansion means the process of increasing existing capacity of operations at an existing site when such increase is in conformity with the service area and scope of operations of the original permit. During the interim period, the department shall take into account financial impact on the county for expansions of county landfill facilities which are at or near their permitted capacity in determining whether to require the county to meet all or a portion of the minimum requirements of Sections 44-96-320, 44-96-330, and 44-96-350.
In order to promote the comprehensive and proper management of solid waste in South Carolina and protect the public health and welfare of its citizens, prior to the adoption of the state and county or regional solid waste management plans as required under Sections 44-96-60 and 44-96-80, and prior to the promulgation of regulations required by Sections 44-96-340 and 44-96-350, whichever comes later, no new or expanded solid waste facility, which proposes to incinerate solid waste, may be sited or permitted without a finding by the Board of Health and Environmental Control that the new or expanded facility is necessary to prevent an imminent and substantial threat to the health of persons or the environment.
This subsection does not apply to inert or cellulosic solid waste facilities which are not commercial facilities or to industrial facilities managing solid waste generated in the course of normal operations on property under the same ownership or control as the solid waste management facility if the industrial facility is not a commercial solid waste management facility./
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
The amendments proposed by the Committee on Medical Affairs (BR1\1404.AC) were adopted as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting the following in lieu thereof:
/SECTION 1. Title 44 of the 1976 Code is amended by adding:
Section 44-96-10. Short Title.
This chapter is known and may be cited as the `South Carolina Solid Waste Policy and Management Act of 1991'.
Section 44-96-20. Findings; purposes.
(A) The General Assembly finds that:
(1) Over three million eight hundred thousand tons of solid waste are generated in South Carolina each year.
(2) On the average, each South Carolinian currently produces approximately four and one-half pounds of solid waste each day.
(3) Unless steps are taken to reduce or recycle the amount of waste produced in this State, over five million tons of solid waste will be generated annually in South Carolina by the year 2000.
(4) Approximately eighty percent of the solid waste generated in South Carolina is landfilled.
(5) There are currently some seventy-nine permitted sanitary landfills in this State.
(6) Most of the permitted landfill capacity will be used within the next ten years. Twenty-three of forty-six counties have ten years or less of landfill space remaining.
(7) Siting of solid waste facilities is becoming increasingly difficult due to the opposition of local residents.
(8) The costs of solid waste management will increase significantly due to decreased landfill capacity and more stringent federal requirements for solid waste management facilities. More stringent federal and state requirements may also force a number of existing solid waste landfills to close.
(9) Insufficient and improper methods of managing solid waste can create hazards to public health, cause pollution of air and water resources, constitute a waste of natural resources, and create public nuisances.
(10) The economic growth and population growth of our State have required increased industrial production which, together with related commercial and agricultural operations to meet our needs, have resulted in increased amounts of discarded materials.
(11) The continuing technological progress and improvements in methods of manufacturing, packaging, and marketing of consumer products have resulted in an increasing amount of material discarded by the purchasers of these products, 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 44-96-30. Applicability.
This chapter does not apply to hazardous waste regulated under the South Carolina Hazardous Waste Management Act, to infectious waste regulated under the South Carolina Infectious Waste Management Act, to radioactive waste regulated under the South Carolina Atomic Energy and Radiation Control Act or the Southeast Interstate Radioactive Waste Compact, or to refuse as defined and regulated pursuant to the South Carolina Mining Act, including processed mineral waste, which will not have a significant adverse impact on the environment.
Section 44-96-40. Definitions.
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) `Composting facility' means any facility used to provide aerobic, thermophilic decomposition of the solid organic constituents of solid waste to produce a stable, humus-like material.
(6) `County solid waste management plan' means a solid waste management plan prepared, approved, and submitted by a single county pursuant to Section 44-96-80.
(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 thereof).
(14) `For hire carrier' means those motor carriers transporting persons or property over any improved public highway under a rate, fare, or charge established and approved by the Public Service Commission for such transportation services available to the public and does not include or apply to businesses and vendors operating their own motor carriers to transport persons or property for their own internal business operations.
(15) `Generation' means the act or process of producing solid waste.
(16) `Groundwater' means water beneath the land surface in the saturated zone.
(17) `Hazardous waste' has the meaning given in Section 44-56-20 of the Hazardous Waste Management Act.
(18) `Incineration' means the use of controlled flame combustion to thermally break down solid, liquid, or gaseous combustible wastes, producing residue that contains little or no combustible materials.
(19) `Industrial waste' means solid waste that results from industrial processes including, but not limited to, factories and treatment plants.
(20) `Infectious waste' has the meaning given in Section 44-93-20 of the South Carolina Infectious Waste Management Act.
(21) `Land-clearing debris' means solid waste which is generated solely from land-clearing activities, but does not include solid waste from agricultural or silvacultural operations.
(22) `Landfill' means a disposal facility or part of a facility where solid waste is placed in or on land, and which is not a land treatment facility, a surface impoundment, or an injection well.
(23) `Lead-acid battery' means any battery that consists of lead and sulfuric acid, is used as a power source, and has a capacity of six volts or more.
(24) `Lead-acid battery collection facility' means a facility authorized by the Department of Health and Environmental Control to accept lead-acid batteries from the public for temporary storage prior to recycling.
(25) `Motor oil' and `similar lubricants' mean the fraction of crude oil or synthetic oil which is sold for the purpose of reducing friction in any industrial or mechanical device. Such terms include redefined oil but do not include heavy greases.
(26) `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.
(27) `Office' means the Office of Solid Waste Reduction and Recycling established within the Department of Health and Environmental Control pursuant to Section 44-96-110.
(28) `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.
(29) `Person' means an individual, corporation, company, association, partnership, unit of local government, state agency, federal agency, or other legal entity.
(30) `Plastic bottle' means a plastic container intended for single use, which has a neck that is smaller than the body of the container, accepts a screw-type, snap cap, or other closure, and has a capacity of sixteen fluid ounces or more, but less than five gallons.
(31) `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.
(32) `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.
(33) `Recyclable material' means those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste.
(34) `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).
(35) `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 44-96-80.
(36) `Regional planning area' means those counties grouped pursuant to Section 6-7-110 of the 1976 Code.
(37) `Regional solid waste management plan' means a solid waste management plan prepared, approved, and submitted by a group of counties pursuant to Section 44-96-80.
(38) `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.
(39) `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.
(40) `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.
(41) `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.
(42) `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.
(43) `Secondary lead smelter' means a facility which produces metallic lead from various forms of lead scrap, including used lead-acid batteries.
(44) `Solid waste' means any garbage, refuse, or sludge from a waste treatment facility, water supply plant, or air pollution control facility and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations and from community activities. This term does not include solid or dissolved material in domestic sewage, recovered materials, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to NPDES permits under the Federal Water Pollution Control Act, as amended, or the Pollution Control Act of South Carolina, as amended, or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1964, as amended. Also excluded from this definition are application of fertilizer and animal manure during normal agricultural operations or refuse as defined and regulated pursuant to the South Carolina Mining Act, including processed mineral waste, which will not have a significant adverse impact on the environment.
(45) `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.
(46) `Solid waste management' means the systematic control of the generation, collection, source separation, storage, transportation, treatment, recovery, and disposal of solid waste.
(47) `Solid Waste Management Grant Program' means the grant program established and administered by the Office of Solid Waste Reduction and Recycling pursuant to Section 44-96-130.
(48) `Solid Waste Management Trust Fund' means the trust fund established within the Department of Health and Environmental Control pursuant to Section 44-96-120.
(49) `Source reduction' means the reduction of solid waste before it enters the solid waste stream by methods such as product redesign or reduced packaging. A `reduced package' would be defined as a package for which the ratio of the package weight or package volume has been reduced by five percent when compared with the packaging used for the same product by the same packager five years earlier.
(50) `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.
(51) `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.
(52) `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.
(53) `State solid waste management plan' means the plan which the Department of Health and Environmental Control is required to submit to the General Assembly and to the Governor pursuant to Section 44-96-60.
(54) `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.
(55) `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.
(56) `Tire' means the continuous solid or pneumatic rubber covering encircling the wheel of a motor vehicle, trailer, or motorcycle as defined in Sections 56-3-20(2), 56-3-20(4), and 56-3-20(13).
(57) `Tire retailing business' means the retail sale of tires in any quantity for any use or purpose by the purchaser other than for resale.
(58) `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.
(59) `Transporter' means a person engaged in the off-site transportation of solid waste by air, rail, highway, or water.
(60) `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.
(61) `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.
(62) `Used oil collection center' means a facility which, in the course of business, accepts used oil for subsequent disposal or recycling.
(63) `Used oil energy recovery facility' means a facility that burns more than six thousand gallons of used oil annually for energy recovery.
(64) `Used oil recycling facility' means a facility that recycles more than six thousand gallons of used oil annually.
(65) `Waste tire' means a tire that is no longer suitable for its original intended purpose because of wear, damage, or defect.
(66) `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.
(67) `Waste tire hauler' means a person engaged in the picking up or transporting of waste tires for the purpose of storage, processing, or disposal.
(68) `Waste tire treatment site' means a permitted site used to produce or manufacture usable materials, including fuel, from waste tires.
(69) `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.
(70) `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.
(71) `White goods' include discarded refrigerators, ranges, water heaters, freezers, dishwashers, trash compactors, washers, dryers, air conditioners, and commercial large appliances.
(72) `Yard trash' means solid waste consisting solely of vegetative matter resulting from landscaping maintenance.
Section 44-96-50. State solid waste management policy and goals.
(A) It is the policy of this State to promote appropriate methods of solid waste management prior to utilizing the options of disposal in landfills, treatment or disposal by incineration or thermal destruction, or other treatment, storage, or disposal methods, and to assist local government with solid waste management functions. In furtherance of this state policy, it shall be preferable to reduce the production and generation of waste at the source and to promote the reuse and recycling of materials rather than the treatment, storage, or disposal of wastes by landfill disposal, incineration, thermal destruction, or other management methods designed to handle waste after it enters the waste stream.
It is the policy of this State that the methods of management of solid waste shall protect public health, safety, and the environment by employing the best available economically feasible technology for the control of pollution, the release of hazardous materials into the environment, and the protection of human health. Such methods shall be implemented in a manner to maximize the reduction of solid waste through source reduction, reuse, and recycling.
(B) It is the policy of this State to encourage research by private entities, by state agencies, and by state-supported educational institutions into the reduction of solid waste production and generation.
(C) It is the policy of this State to encourage a regional approach to solid waste management.
(D) It is the goal of this State to reduce, on a statewide per capita basis, the amount of solid waste being received at municipal solid waste landfills and solid waste incinerators by thirty percent, calculated by weight, of the fiscal year 1993 solid waste level, not later than six years after the date of enactment of this chapter. In determining whether this waste reduction goal has been achieved, no more than fifty percent of this goal may be met by the removal from the municipal solid waste stream of yard trash, land-clearing debris, white goods, construction and demolition debris, and waste tires. The initial reduction goal based on the fiscal year 1993 solid waste level shall not apply to solid waste incenerators permitted before the enactment of this act. However, new and revised goals after the initial six-year period, as referenced in subsection (E) of this section shall apply to all permitted solid waste incinerators.
In a county or municipality where a recycling or reduction program is in place prior to 1993, the base figure for determining a thirty percent reduction goal will be calculated by adding the weight of solid waste reduced or recycled during the preceding two years 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 and solid waste incinerators.
(E) It is the goal of this State to continue setting new and revised goals after the initial six-year period referenced in subsection (D) of this section. Such goals should be established in a manner so as to attempt to further reduce the flow of solid waste being disposed of in municipal solid waste landfills and solid waste incinerators after meeting the initial goal of a thirty percent reduction. It is the goal of this State to recycle, on a statewide basis, at least twenty-five percent, calculated by weight, of the total solid waste stream generated in this State not later than six years after the date of enactment of this chapter.
In determining whether this solid waste recycling goal has been achieved, no more than forty percent of this goal may be met by the removal from the solid waste stream of yard trash and land clearing debris.
(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 44-96-60. 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 rules and regulations promulgated by the department in accordance with this chapter are subject to 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 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 encouraging and 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 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, beverage containers, paper, and polystyrene;
(5) a determination of the success of the State and of each county or region in achieving the solid waste recycling and reduction goals established in Section 44-96-50;
(6) recommendations to the Governor and to the General Assembly for improving the management of solid waste in this State; and
(7) the number of lead-acid batteries recycled.
(C) Not later than six months after 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 members appointed by the Speaker of the House of Representatives;
(2) three 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 also shall be advised on a regular basis by the department regarding the grant applications which have been accepted or denied under the Solid Waste Management Grant Program and on the status of the Solid Waste Management Trust Fund. The council shall cease to exist six years after the date of enactment of this chapter.
Section 44-96-70. Establishment of the Recycling Market Development Council; initial report; annual report.
(A) There is established within the State Development Board a Recycling Market Development Council to assist in the development of markets for recovered materials and products with recycled content in this State.
(B) The members of the council shall be appointed not later than ninety days after 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 of Representatives, 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 appointment and shall serve until a successor is appointed and qualified. Members shall serve at the pleasure of their appointing authority and shall receive the usual mileage, per diem, and subsistence provided by law for members of boards, committees, and commissions. Until such time as sufficient funds have accumulated in the Solid Waste Management Trust Fund to cover the council's expenses, the appointing authorities shall provide the mileage, per diem, and subsistence for their respective appointees. Any other expenses of the council shall be shared equally by the appointing authorities until the trust fund has sufficient funds to cover the expenses.
(E) The chairman shall be designated by the State Development Board and the council shall select its own vice-chairman. The council shall adopt operating procedures and shall meet on the call of the chairman or of a majority of the members. 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 44-96-80. County or regional solid waste management plans; local government responsibilities.
(A) Not later than fifteen months after the date on which the department submits its state solid waste management plan to the Governor and to the General Assembly, the governing body of each county, if the county intends to submit a single county plan, or the governing bodies of the counties in a region, if two or more counties intend to submit a regional plan, in cooperation with the 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 or municipality therein needs and intends to make available to fund implementation of the solid waste management plan;
(6) an estimate of the cost of siting, constructing, and bringing into operation any new facilities needed to manage solid waste within that county or region during the projected twenty-year period;
(7) a description and estimate of the sources and amount of revenues which can be made available for the siting, construction, and operation of new solid waste management facilities;
(8) a description of resource recovery 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 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 44-96-50.
(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 44-96-50.
(B) Each county or region shall submit its solid waste management plan to the department for review. The department shall have one hundred eighty days from the date on which a plan is submitted to review the plan and provide comments to the submitting entity. At the end of the one hundred eighty-day review period, the county or region shall begin implementation of its solid waste management plan. Such plan must be implemented not later than one year after the end of the one hundred eighty-day review period.
(C) Each solid waste management plan submitted by a county or region shall be designed to achieve within that county or region the same recycling and waste reduction goals established on a statewide basis in Section 44-96-50. Nothing in this chapter, however, 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 than the goals established in Section 44-96-50. 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 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 ordinances as may be necessary to carry out its responsibilities under this chapter; provided, however, that the governing body of a county may not enact an ordinance inconsistent with the state solid waste management plan, with any provision of this chapter, with any other applicable provision of state law, or with any regulation promulgated by the department providing for the protection of public health and safety or for protection of the environment.
(L) In addition to all other fees provided in this chapter, there is imposed a fee of ten dollars 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 in-state or out-of-state solid waste are higher than this state's out-of-state fee, then the higher fee is imposed. The revenue generated from the imposition of the out-of-state fee must be deposited in the Solid Waste Management Trust Fund established in Section 44-96-120.
(M) Not later than eighteen months after 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.
(N) 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 and 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 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 44-96-90. 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; provided, however, that contracts entered into prior to the enactment of this act shall be exempt from the provisions of this section.
Section 44-96-100. Additional powers and duties of the department.
In addition to the other powers and duties set forth in this article, the department shall:
(1) establish such programs and promulgate such regulations as are necessary to implement the state solid waste management plan;
(2) establish such programs and promulgate such regulations as are necessary to implement the provisions of this article;
(3) provide to 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 44-96-105. 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 44-96-110. 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 44-96-120;
(2) manage the Solid Waste Management Grant Program established in Section 44-96-130;
(3) promote and assist in the development of solid waste reduction, source separation, recycling, and resource recovery programs;
(4) maintain a directory of recycling and resource recovery systems in the State and provide assistance in matching recovered materials with markets;
(5) provide for the education of the general public and the training of solid waste management professionals to encourage recycling and solid waste reduction;
(6) develop descriptive literature to educate local governments on solid waste reduction and recycling issues; and
(7) conduct at least one workshop each year in each region served by a council of governments.
The Office of Solid Waste Reduction and Recycling may utilize, among other resources, South Carolina Clean & Beautiful to provide educational services as referenced in subitems (5) through (7) of this subsection and provide funding for such services.
(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, also shall develop and make available to school districts, upon request, curriculum materials and resource guides for recycling awareness programs for instruction at the elementary, middle, and high school levels.
Section 44-96-120. Establishment of the Solid Waste Management Trust Fund.
(A) There is established a Solid Waste Management Trust Fund, to be administered by the Office of Solid Waste Reduction and Recycling, for the purposes of:
(1) funding activities of the department to implement the provisions of this act;
(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; and
(5) funding grants to local governments to carry out their responsibilities under this article, pursuant to the provisions of Section 44-96-130, including local governments which contract with private entities to assist in carrying out their responsibilities under this article.
(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) three million dollars of oil overcharge refund monies to be appropriated to this fund by the Governor, upon enactment of this act; and one million dollars for each of the next two successive years; oil overcharge funds may be used only for local government grants and local government demonstration projects and pilot programs. The department shall coordinate such programs with the Governor's Energy Office to assure that the appropriation is consistent with the administrative purposes for such funds as determined by the United States Department of Energy. The Office of Solid Waste Reduction and Recycling and the Governor's Energy Office shall cooperate to develop the necessary application information and other documentation to implement the requirements of this appropriation;
(4) funds generated by the out-of-state disposal fee authorized pursuant to Section 44-96-80;
(5) the balance of the funds generated by the two-dollar fee imposed pursuant to Section 44-96-170(L), which is not remitted back to the counties for the management of waste tires, 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 44-96-180(F) for the management of lead-acid batteries;
(7) funds generated by the two-dollar fee per white good fee imposed pursuant to Section 44-96-200(D) for the management of white goods;
(8) any funds generated by fees imposed on motor oil and similar lubricants pursuant to Section 44-96-160(V);
(9) funds generated by fees imposed on out-of-state waste disposed of in this State; and
(10) any interest earnings accrued on the Solid Waste Management Trust Fund.
(C) The department shall report on a quarterly basis to 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 44-96-120(b)(3). The department's decisions shall be made upon the approval of the Statewide Solid Waste Advisory Council and after consultation with the Governor's Office and the Joint Legislative Committee on Energy to ensure that the funds are administered according to decisions of the federal courts and requirements of the United States Department of Energy. If all oil overcharge funds transferred to the Solid Waste Management Trust Fund are not committed for projects or programs authorized by this chapter five years from the effective date of this act, the remainder shall be returned to the Governor's Office.
Section 44-96-130. Solid Waste Management Grant Program.
(A) The Office of Solid Waste Reduction and Recycling shall establish a grant program utilizing funds within the Solid Waste Management Trust Fund to assist counties and municipalities in carrying out their responsibilities under this chapter.
(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 44-96-80.
(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 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, and shall set forth the procedures for applying for grants. The department may require such information of the entity applying for the grant as is necessary to properly evaluate the grant proposal. The department shall comply with the requirements of the South Carolina Administrative Procedures Act and notify local government officials of the opportunity to provide input prior to issuing proposed regulations for comment under this article.
(E) The regulations required to be promulgated by subsection (D) of this section shall include procedures for any party aggrieved by a grant decision of the Office of Solid Waste Reduction and Recycling to obtain review of that decision.
Section 44-96-140. Recycling programs of state government; state procurement policy; report of the Department of Highways and Public Transportation.
(A) Not later than twelve months after the date on which the department submits the state solid waste management plan to the Governor and to the General Assembly, the General Assembly, the Governor's Office, the Judiciary, each state agency, and each state-supported institution of higher education shall:
(1) establish a source separation and recycling program in cooperation with the department and the Division of General Services 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 Division of General Services, a solid waste reduction program for materials used in the course of agency operations. The program shall be designed and implemented to achieve the maximum feasible reduction of solid waste generated as a result of agency operations.
(B) Not later than six months after 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 Office of Materials Management, Division of General Services. The report also shall review existing procurement regulations for the purchase of products and materials and shall identify any portions of such regulations that discriminate against products and materials with recycled content and products and materials which are recyclable.
(C) Not later than one year after 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 and products and materials which are recyclable.
(D) Not later than one year after the effective date of the amendments to the procurement regulations, the General Assembly, the Governor's Office, the Judiciary, all state agencies, all political subdivisions using state funds to procure items, and all persons contracting with such agency or political subdivision where such persons procure items with state funds shall procure products and materials with recycled content and products and materials which are recyclable where practicable, as determined by the Office of Materials Management, Division of General Services. The list of recycled content specifications shall be updated annually. It is the goal of the General Assembly for state and local governmental agencies to reflect a twenty-five percent goal in their procurement policies. The decision not to procure such items shall be based on a determination that such procurement items:
(1) are not available within a reasonable period of time;
(2) fail to meet the performance standards set forth in the applicable specifications; or
(3) are only available at a price that exceeds by more than seven and one-half percent the price of alternative items.
(E) Not later than six months after 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 44-96-150. 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 from fully halogenated chlorofluorocarbons (CFC's). Producers or manufacturers of all types of containers, packaging, or packing material made from fully halogenated CFC's are strongly urged to introduce alternative containers, packages, and packing materials which are environmentally acceptable as soon as possible. Not later than three years after 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.
(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'; and
(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 or recovered by individual category of glass, aluminum, and plastic. If the department determines that one or more categories of beverage containers are being recycled at a rate of less than twenty-five percent, the department shall submit a report to the Governor and to the General Assembly making recommendations on incentives 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 44-96-160. 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, used oil energy recovery facility, or oil recycling facility;
(2) dispose of used oil in a solid waste disposal facility unless such disposal is approved by the department;
(3) collect, transport, store, recycle, use, or dispose of used oil in any manner which may endanger public health and welfare or the environment;
(4) discharge used oil into sewers, drainage systems, septic tanks, surface water or groundwater, or any other waters of this State, or onto the ground; or
(5) mix or commingle used oil with hazardous substances that make it unsuitable for recycling or beneficial use.
Notwithstanding any other provision of law, any person who knowingly disposes in a landfill any used oil which has not been properly segregated or separated from other solid wastes by the generator is guilty of a violation of this subsection and shall be subject to a fine not to exceed two hundred dollars. This provision may be enforced by a state, county, or municipal law enforcement official, or by the department.
(B) The utilization of used oil for road oiling, dust control, weed abatement, or other similar uses which have the potential to cause harm to the environment is prohibited.
(C) The department shall encourage the voluntary establishment of used oil collection centers and recycling programs and provide technical assistance to persons who organize such programs.
(D) All government agencies and private businesses that change motor oil for the public and major retail dealers of motor and lubricating oil are encouraged to serve as used oil collection centers.
The Department of Highways and Public Transportation shall establish or contract for at least one used oil collection center in every county unless it can certify to the Office of Solid Waste Reduction and Recycling that a private used oil collection center is in operation in a county and is accepting up to five gallons of used oil from any member of the public.
(E) Any person who maintains a used oil collection facility that receives a volume of used oil annually, which exceeds a limit to be determined by the department, must register with the department.
(F) A used oil collection center shall annually report to the department by a date to be determined by the department and shall indicate if it is accepting used oil from the public, the quantities of used oil collected in the previous year, and the total quantity of used oil handled in the previous year.
(G) No person may recover from the owner or operator of a used oil collection center any costs of response actions resulting from a release of either used oil or a hazardous substance from a used oil collection center if such used oil is:
(1) not mixed with any hazardous substance by the owner or operator of the used oil collection center;
(2) not knowingly accepted with any hazardous substances contained therein;
(3) transported from the used oil collection center by a registered transporter; or
(4) stored in a used oil collection center that is in compliance with this section.
This subsection applies only to that portion of the used oil collection center utilized for the collection of used oil and does not apply if the owner or operator is grossly negligent in the operation of the public used oil collection center. Nothing in this section shall affect or modify in any way the obligations or liability of any person under any other provisions of state or federal law, including common law, for injury or damage resulting from the release of used oil or hazardous substances. For the purpose of this subsection, the owner or operator of a used oil collection center may presume that a quantity of no more than five gallons of used oil accepted from any member of the public is not mixed with a hazardous substance, 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 also shall require each registered person who transports or recycles used oil to maintain records which identify:
(1) the source of the materials transported or recycled;
(2) the quantity of materials received;
(3) the date of receipt; and
(4) the destination or the end use of the materials.
(M) The department shall require sample analyses of used oil at facilities of representative used oil transporters and at representative recycling facilities to determine the incidence of contamination of used oil with hazardous, toxic, or other harmful substances.
(N) The following entities are exempted from the requirements of subsection (K):
(1) an on-site burner which only burns a specification used oil generated by 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 per day. Each day on which the person fails to comply shall constitute a separate violation. The proceeds of any fine imposed pursuant to this subsection shall be remitted to the Solid Waste Management Trust Fund.
(P) After the effective date of regulations promulgated by the department pursuant to this section, any person who 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 ensure that a used oil transporter is familiar with applicable regulations and used oil management procedures. The department shall promulgate regulations governing registration which shall include requirements for the following:
(1) registration and annual reporting;
(2) evidence of familiarity with laws and regulations governing used oil transportation; and
(3) proof of liability insurance or other means of financial responsibility for any liability which may be incurred in the transport of used oil.
(R) Each person who intends to operate, modify, or close a used oil recycling facility shall obtain an operation or closure permit from the department prior to operating, modifying, or closing the facility.
(S) Not later than eighteen months after 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, 1991, every person making wholesale sales of motor oil or similar lubricants, and every person importing into this State ex-tax motor oil or similar lubricants, shall pay a fee on a monthly basis of eight cents ($.08) for every gallon of motor oil or similar lubricants sold at wholesale or ex-tax motor oil or similar lubricants imported. As used herein, `ex-tax motor oil or similar lubricants' means motor oil or similar lubricants upon which the fee imposed herein has not been levied and which is not sold at wholesale in this State. The fee imposed herein shall be imposed only once with respect to each gallon of motor oil or similar lubricants. The South Carolina State Tax Commission shall administer, collect, and enforce this fee in the same manner the sales and use taxes are collected pursuant to Chapter 36 of Title 12. However, taxpayers are not required to make payments pursuant to Section 12-36-2600. In lieu of the discount allowed pursuant to Section 12-36-2610, the taxpayer may retain three percent of the total fees collected as an administrative collection allowance. This allowance applies whether or not the return is timely filed.
A for hire motor carrier, as defined under this act, which purchases lubricating oils not for resale used in its fleet shall be exempt from the fee. The for hire motor carrier must:
(1) have a maintenance facility to service their 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; and
(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.
After the fee is imposed upon a distributor, the fee may not be imposed again upon any person who subsequently receives motor oil or similar lubricants from a distributor upon whom the fee already has been imposed.
Motor oil or similar lubricants exported from this State in its original package or container shall be exempt from the fee imposed in this section. Any person purchasing motor oil or similar lubricants at wholesale in its original package or container and who exports such motor oil or similar lubricants from this State may certify in writing to the seller that the motor oil or similar lubricants will be exported, and such certification, if taken by the seller in good faith, will relieve the seller of the fee otherwise imposed. If the purchaser subsequently uses the motor oil or similar lubricants in this State, the purchaser shall be liable for the fee imposed and the purchaser's certification to the seller shall include an acknowledgement 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 44-96-140.
Section 44-96-170. 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 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; or
(3) knowingly dispose of or discard waste tires on the property of another, in a manner not prescribed by this act.
For an interim period to be determined by the department, waste tires may be disposed of at a solid waste disposal facility, a waste tire treatment facility, or a waste tire collection center seeking a permit from the department pursuant to this section. Notwithstanding any other provision of law, any person violating this subsection shall be subject to a fine not to exceed two hundred dollars. This provision may be enforced by a state, county, or municipal law enforcement official, or by the department. Each tire improperly disposed of shall constitute a separate violation.
(H) Not later than twelve months after 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 items (1) through (5) if these designated waste tire sites are maintained so as to prevent and control mosquitos or other public health nuisances as determined by the department:
(1) a tire retailing business where less than one thousand waste tires are kept on the business premises;
(2) a tire retreading business where less than two thousand five hundred waste tires are kept on the business premises or a tire retreading facility that is 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.
(J) The department shall encourage the voluntary establishment of waste tire collection centers, waste tire treatment facilities, and solid waste disposal facilities to be open to the public for the deposit of waste tires.
(K) The department is authorized to establish incentive programs to encourage individuals to return their used tires to waste tire disposal facilities.
(L) For sales made on or after November 1, 1991, there is imposed a fee of two dollars per new tire sold to the ultimate consumer, whether the tire is mounted by the seller or not. The wholesaler or retailer receiving new tires from unlicensed wholesalers shall be responsible for the fee imposed by this section. The Tax Commission shall administer, collect, and enforce the tire disposal fee in the same manner that the sales and use taxes are collected pursuant to Chapter 36 of Title 12. In lieu of the discount allowed pursuant to Section 12-36-2610, the taxpayer may retain three percent of the total fees collected as an administrative collection allowance. This allowance applies whether or not the return is timely filed. The commission is required to deposit all fees collected to the credit of the State Treasurer. The State Treasurer is required to establish a separate and distinct account from the State General Fund. The State Treasurer shall distribute to each county based upon the population in each county according to the most recent United States Census, one and one-half dollars from each tire sold. 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 Grant 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 under contractual agreement with 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 nine 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; and
(9) the Division of Energy, Agriculture and Natural Resources in the Office of the Governor.
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 44-96-180. 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 the provisions of subsections (A) or (B) shall be subject to a fine not to exceed two hundred dollars. This provision may be enforced by a state, county or municipal law enforcement official or by the department. Each lead-acid battery improperly disposed of shall constitute a separate violation.
(D) A person selling lead-acid batteries or offering lead-acid batteries for retail sale in this State shall:
(1) accept, at the point of transfer, lead-acid batteries from customers; and
(2) post written notice at his place of business which must be at least eight and one-half inches by eleven inches in size and must contain the state recycling symbol and the following language:
(a) `It is illegal to put a motor vehicle battery in the garbage.'
(b) `Recycle your used batteries.'
(c) `State law requires us to accept motor vehicle batteries for recycling.'
(E) No person may recover from the owner or operator of a lead-acid battery collection center any costs of response actions resulting from a release of either a hazardous substance from lead-acid batteries unless the owner or operator is grossly negligent in the operation of the public lead-acid battery collection center or recovered materials processing facility. Nothing in this section shall affect or modify in any way the obligations or liability of any person under any other provisions of state or federal law, including common law, for injury or damage resulting from the release of hazardous substances.
(F) For sales made on or after November 1, 1991, there is imposed a fee of two dollars per each lead-acid battery delivered by wholesalers to licensed retail merchants, jobbers, dealers, or other wholesalers for resale in this State. Retail merchants, jobbers, dealers, or other wholesalers receiving new lead-acid batteries from unlicensed wholesalers shall be responsible for the fee imposed by this section. The wholesaler or retailer is to remit the fee to the Tax Commission on a monthly basis. The Tax Commission shall administer, collect, and enforce the lead-acid battery disposal fee in the same manner that the sales and use taxes are collected pursuant to Chapter 36 of Title 12. However, taxpayers are not required to make payments under Section 12-36-2600. In lieu of the discount allowed pursuant to Section 12-36-2610, the taxpayer may retain three percent of the total fees collected as an administrative collection allowance. This allowance applies whether or not the return is timely filed. The commission is required to deposit all fees collected to the credit of the State Treasurer. The State Treasurer is required to establish a separate and distinct account from the State General Fund. The State Treasurer shall credit the lead-acid battery disposal fee to the Solid Waste Management Trust Fund.
(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) Not later than eighteen months after the enactment of this chapter, 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 44-96-140.
Section 44-96-190. 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 the provisions of subsections (B) or (C) shall be subject to a fine not to exceed two hundred dollars. This provision may be enforced by a state, county, or municipal law enforcement official or by the department.
(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 44-96-140.
Section 44-96-200. 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.
(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.
Notwithstanding any other provision of law, any person violating the provisions of subsections (B) and (C) of this section shall be subject to a fine not to exceed two hundred dollars. This provision may be enforced by a state, county, or municipal law enforcement official, or by the department. Each white good improperly disposed of shall constitute a separate violation.
(D) For sales made on or after November 1, 1991, there is imposed a fee of two dollars per each white good delivered by wholesalers to licensed retail merchants, jobbers, dealers, or other wholesalers for resale in this State. Retail merchants, jobbers, dealers, or other wholesalers receiving new white goods from unlicensed wholesalers shall be responsible for the fee imposed by this section. The wholesaler or retailer is to remit the fee to the Tax Commission on a monthly basis. The Tax Commission shall administer, collect, and enforce the white good disposal fee in the same manner that the sales and use taxes are collected pursuant to Chapter 36 of Title 12. However, taxpayers are not required to make payments under Section 12-36-2600. In lieu of the discount allowed pursuant to Section 12-36-2610, the taxpayer may retain three percent of the total fees collected as an administrative collection allowance. This allowance applies whether or not the return is timely filed. The commission is required to deposit all fees collected to the credit of the State Treasurer. The State Treasurer is required to establish a separate and distinct account from the State General Fund. The State Treasurer shall credit the white good disposal fee to the Solid Waste Management Trust Fund.
Section 44-96-210. Newsprint.
(A) Five years after 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 44-96-220. State recycling symbol.
The Office of Solid Waste Reduction and Recycling shall establish and have trademarked a state recycling symbol which would be utilized statewide for educating the public on recycling activities and for promoting the state solid waste management plan. This symbol shall consist of six open arrows pointing counter-clockwise enclosed within a dark circle with the caption `South Carolina Recycles' on the outside of the dark circle. There shall be a white open circle in the center.
Section 44-96-230. 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 44-96-240. Findings; purposes.
(A) The General Assembly finds that:
(1) South Carolina is generating increasingly large volumes of solid waste which may pose a threat to human health and safety and to the environment if not properly managed or if managed in facilities inadequately designed and operated to ensure protection of human health and safety and the environment.
(2) Many communities are managing solid waste in existing facilities not designed and operated with technology and engineering controls that are adequately protective of the environment.
(3) A number of new solid waste management facilities will have to be established in coming years to replace older facilities as they reach capacity or as they are required to close because they cannot meet new state or federal regulatory requirements.
(4) It is the policy of the State of South Carolina to protect human health and safety and the environment from the effects of improper or inadequate solid waste management.
(5) Legislation is needed to establish an adequate regulatory framework for the siting, design, construction, operation, and closure of solid waste management facilities in order to provide protection for human health and safety and for the environment.
(6) A regional approach to the establishment of solid waste management facilities should be strongly encouraged in order to provide solid waste management services in the most efficient and cost-effective manner and to minimize any threat to human health and safety or to the environment.
(B) It is the purpose of this article to:
(1) regulate solid waste management facilities other than hazardous waste management facilities subject to the South Carolina Hazardous Waste Management Act, infectious waste management facilities subject to the South Carolina Infectious Waste Management Act, and radioactive waste facilities subject to the South Carolina Atomic Energy and Radiation Control Act and other federal and state laws; and
(2) ensure that all solid waste management facilities in this State are sited, designed, constructed, operated, and closed in a manner that protects human health and safety and the environment.
Section 44-96-250. Definitions.
(A) The definitions set forth in Article 1 of this chapter are incorporated by reference 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 soil or other suitable material of acceptable thickness to the department, or both, that is placed on all exposed solid waste in a landfill at the end of each day of operation (except for recyclable materials properly located in a salvage area).
(10) `Disclosure statement' means a sworn statement or affirmation, the form and content of which shall be determined by the department and as required by Section 44-96-300.
(11) `Double geomembrane liner' means a liner which shall consist of the following layers from bottom to top:
(a) a properly graded and prepared subbase;
(b) a minimum 60 mil HDPE geomembrane secondary liner;
(c) a secondary leachate collection system;
(d) an approved bentonite mat or equivalent;
(e) a geomembrane primary liner; and
(f) a primary leachate collection system.
(12) `Equity' means both legal and equitable interests.
(13) `Financial responsibility mechanism' means a mechanism designed to demonstrate that sufficient funds will be available to meet specific environmental protection needs of solid waste management facilities. Available financial responsibility mechanisms include, but are not limited to, insurance, trust funds, surety bonds, letters of credit, personal bonds, certificates of deposit, financial tests, and corporate guarantees as determined by the department by regulation.
(14) `Flood plain' means the lowland and relatively flat areas adjoining inland and coastal areas of the mainland and off-shore islands including, at a minimum, areas subject to a one percent or greater chance of flooding in any given year.
(15) `Leachate' means the liquid that has percolated through or drained from solid waste or other man-emplaced materials and that contains soluble, partially soluble, or miscible components removed from such waste.
(16) `Liner' means a continuous layer of natural or man-made materials, beneath or on the sides of a surface impoundment, landfill, or landfill cell, which restricts the downward or lateral escape of solid waste, and constituents of such waste, or leachate.
(17) `Monofill' means a landfill or landfill cell into which only one type of waste is placed.
(18) `Municipal solid waste incinerator' means any solid waste incinerator, publicly or privately owned, that receives household waste. Such incinerator may receive other types of solid waste such as commercial or industrial solid waste.
(19) `Permit' means the process by which the department can ensure cognizance of, as well as control over, the management of solid wastes.
(20) `Responsible party' means:
(a) any officer, corporation director, or senior management official of a corporation, partnership, or business association that is an applicant;
(b) a management employee of a corporation, partnership, or business association that is an applicant who has overall responsibility for operations and financial management of the facility under consideration;
(c) an individual, officer, corporation director, senior management official of a corporation, partnership, or business association under contract to the applicant to operate the facility under consideration; or
(d) an individual, corporation, partnership, or business association that holds, directly or indirectly, at least five percent equity or debt interest in the applicant. If any holder of five percent or more of the equity or debt of the applicant is not a natural person, the term means any officer, corporation director, or senior management official of the equity or debt holder who is empowered to make discretionary decisions with respect to the operation and financial management of the facility under consideration.
(21) `Run-off' means any rainwater, leachate, or other liquid that drains over land from any part of a facility.
(22) `Solid waste processing facility' means a combination of structures, machinery, or devices utilized to reduce or alter the volume, chemical, or physical characteristics of solid waste through processes, such as baling or shredding, prior to delivery of such waste to a recycling or resource recovery facility or to a solid waste treatment, storage, or disposal facility and excludes collection vehicles.
(23) `Transfer station' means a combination of structures, machinery, or devices at a place or facility where solid waste is taken from collection vehicles and placed in other transportation units, with or without reduction of volume, for movement to another solid waste management facility.
(24) `Vector' means a carrier that is capable of transmitting a pathogen from one organism to another including, but not limited to, flies and other insects, rodents, birds, and vermin.
(25) `Vehicle' means any motor vehicle, water vessel, railroad car, airplane, or other means of transporting solid waste.
Section 44-96-260. Powers and duties of the department.
To carry out the purposes and provisions of this article, the department is authorized to:
(1) promulgate such regulations, procedures, or standards as are necessary to protect human health and safety or the environment from the adverse effects of improper, inadequate, or unsound management of solid waste;
(2) issue, deny, revoke, or modify permits, registrations, or orders under such conditions as the department may prescribe, pursuant to procedures consistent with the South Carolina Administrative Procedures Act, for the operation of solid waste management facilities;
(3) establish, by regulation, and collect reasonable registration and permit fees to assist in defraying the costs of the department's solid waste regulatory programs;
(4) conduct inspections, conduct investigations, obtain samples, and conduct research regarding the operation and maintenance of any solid waste management facility;
(5) enter into agreements, contracts, or cooperative arrangements, under such terms and conditions as the department determines appropriate, with other state, federal, or interstate agencies, counties, municipalities, educational institutions, and local health departments, consistent with the purposes and provisions of this article;
(6) receive financial and technical assistance from the federal government or private entities;
(7) cooperate with private organizations and with business and industry in carrying out the provisions of this article;
(8) establish qualifications for, and provide certification programs for, operators of landfills and other solid waste management facilities;
(9) establish and carry out an appropriate statewide educational program to inform local governments and private entities of the requirements of this article; and
(10) encourage counties and municipalities to pursue a regional approach to solid waste management within a common geographical area.
Section 44-96-270. Department report on regional solid waste management facilities.
The department shall conduct a study and shall submit a report to the Governor and to the General Assembly not later than eighteen months after 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 to encourage the siting, construction, and operation of regional solid waste management facilities.
Section 44-96-280. Powers of the commissioner.
The commissioner, upon receipt of information that any aspect of solid waste management within any publicly or privately owned facility, may present an imminent and substantial hazard to human health or safety or to the environment, and may take necessary action to protect human health or safety or the environment which may include, but is not limited to, the following:
(1) entering the solid waste management facility in order to assess what actions may be necessary;
(2) issuing or modifying an order directing the person responsible for facility operations to take appropriate action to prevent or eliminate the practice which is causing the hazard or a violation of any provision of this article or regulation promulgated pursuant to this article;
(3) commencing an action to enjoin any act or practice that is causing the hazard; and
(4) inspecting and obtaining samples from a person owning, operating, or supervising any solid waste management facility; 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 also shall provide such person with a copy of the results of the analysis of the samples after the results have been properly evaluated by the department to determine their validity.
Section 44-96-290. Permitting.
(A) No person shall operate a solid waste management facility without a permit from the department. Provided, however, that pursuant to a county or regional plan, any political subdivision of this State may hold a permit for a solid waste management facility as the owner of the facility and contract for the operation and/or management of the facility. A separate permit shall be required for each site or facility although the department may include one or more different types of facilities in a single permit if the facilities are collocated on the same site. The department may, by regulation, exempt certain facilities from all or part of the requirements of this section.
(B) No person shall initiate construction, expansion, modification, or closure of a solid waste management facility except in accordance with requirements established by the department pursuant to this article.
(C) Permits issued by the department to existing solid waste management facilities pursuant to statutory and regulatory requirements in effect 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.
(D) The department shall promulgate regulations for the permitting of solid waste management facilities which shall, at a minimum, address the following issues:
(1) contents of permit applications and application procedures;
(2) suspension, revocation, modification, issuance, denial, or renewal of a permit, including the criteria for taking such action and the procedures for taking such action consistent with the South Carolina Administrative Procedures Act;
(3) exemptions, variances, and emergency approvals;
(4) financial responsibility requirements sufficient to ensure the satisfactory maintenance, closure, and postclosure care of any solid waste management facility or to carry out any corrective action which may be required as a condition of a permit; provided, however, that consideration shall be given to mechanisms which would provide flexibility to the owner or operator in meeting its financial obligations. The owner or operator shall be allowed to use combined financial responsibility mechanisms for a single facility and shall be allowed to use combined financial responsibility mechanisms for multiple facilities, utilizing actuarially sound risk-spreading techniques. The department shall require the demonstration of financial responsibility prior to issuing a permit for any solid waste management facility. The department regulations regarding financial responsibility requirements shall not apply to any local government or region comprised of local governments which owns and operates a municipal solid waste management facility unless and until such time as federal regulations require such local governments and regions to demonstrate financial responsibility for such facilities;
(5) public notice and public hearing requirements consistent with the requirements of the South Carolina Administrative Procedures Act; and
(6) generally applicable operational requirements.
(E) No permit to construct a new solid waste management facility or to expand an existing solid waste management facility may be issued until a demonstration of need is approved by the department. Facilities which lawfully burn nonhazardous waste for energy recovery up to the normal rate of manufacturing production or which lawfully use or reuse the waste to make a product shall not be excluded from the demonstration of need requirement. No construction of new or expanded solid waste management facilities may be commenced until all permits required for construction have been issued. In determining if there is a need for new or expanded solid waste disposal sites, the department shall not consider solid waste generated in jurisdictions not subject to the provisions of a county or regional solid waste management plan pursuant to this chapter.
In order to promote the comprehensive and proper management of solid waste in South Carolina and protect the public health and welfare of its citizens, prior to the adoption of county or regional solid waste management plans as required under Section 44-96-70, and to the promulgation of regulations required by Sections 44-96-320, 44-96-340, or 44-96-350, whichever comes later, no new or expanded solid waste facility, applicable to the above, which proposes to incinerate solid waste, dispose of waste, or dispose of ash from incineration of solid waste may be sited or permitted without a finding by the Board of Health and Environmental Control that the new or expanded facility is necessary to prevent an imminent and substantial threat to the health of persons or the environment. The department shall promulgate regulations to implement this section. These regulations must apply to all solid waste management facilities which have not obtained all permits required for construction. This subsection does not apply to inert or cellulosic solid waste facilities or to industrial facilities managing solid waste generated in the course of normal operations on property under the same ownership or control as the solid waste management facility if the industrial facility is not a commercial solid waste management facility.
(F) 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 and the state solid waste management plan; and that, one year after the end of the one hundred eighty-day review period, the host jurisdiction and the jurisdiction generating solid waste destined for the proposed facility or expansion can demonstrate that they are actively involved in and have a strategy for meeting the statewide goal of waste reduction established in this chapter. This subsection shall not apply to industrial facilities managing solid waste generated in the course of normal operations on property under the same ownership or control as 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 the 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 44-96-300. Disclosure statements by permit applicants.
(A) The department may obtain a disclosure statement from the applicant at the same time that an application for a permit is filed, except that this section shall not apply if the applicant is a local government or a region comprised of local governments. The disclosure statement shall contain the following information with regard to the applicant and his responsible parties:
(1) the full name, business address, and social security number of all responsible parties;
(2) a description of the experience and credentials, including any past or present permits or licenses for the collection, transportation, treatment, storage, or disposal of solid waste, issued to or held by the applicant within the past five years;
(3) a listing and explanation of all convictions by final judgment of a responsible party in a state or federal court, whether under appeal or not, of a crime of moral turpitude punishable by a fine of five thousand dollars or more or imprisonment for one year or more, or both, within 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 a responsible party in a state or federal court, whether under appeal or not, of a crime involving a violation of an environmental law punishable by a fine of five thousand dollars or more or imprisonment for one year or more, or both, in a state or federal court within five years of the date of submission of the permit application;
(5) a listing and explanation of the instances in which a disposal facility permit held by the applicant was revoked by final judgment in state or federal court, whether under appeal or not, within five years of the date of submission of the permit application; and
(6) a listing and explanation of all adjudications of the applicant for having been in contempt of any valid court order enforcing any federal environmental law or any state environmental law relative to the activity for which the permit is being sought, within five years of the date of submission of the permit application.
(B) The department shall deny a permit if it finds by the preponderance of the evidence that:
(1) the applicant is not financially and technically qualified to carry out the activity for which the permit is sought;
(2) the applicant has knowingly misrepresented or concealed any material fact in the permit application or disclosure statement, or in any other report or certification required under this article or under regulations promulgated pursuant to this article;
(3) the applicant has obtained or attempted to obtain the permit by misrepresentation or fraud; or
(4) the applicant has a documented and continuing history of criminal convictions 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 and with public notice requirements for permit decisions required pursuant to this chapter.
(F) The department shall provide for an adjudicatory hearing if an aggrieved party withstanding 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 the provisions of subitems (1), (2), (3), (4), and (5) of subsection (A) of this section, excluding subitem (A)(6), but shall submit to the department reports covering its structure and operations required by the chartering body or the Federal Securities and Exchange Commission. The department is authorized to require a responsible party to provide such additional information to the department as is reasonably necessary to make the determinations provided for in this section.
(H) Every applicant shall file a disclosure statement with the department together with the permit application or within sixty days of the adoption of the form and content of the disclosure statement by the department, whichever is later.
(I) Every holder of a permit issued pursuant 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 44-96-290, 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 the applicant's rehabilitation.
Section 44-96-310. Research, development, and demonstration permits.
(A) The department may issue a research, development, and demonstration permit for any solid waste management facility proposing to utilize an innovative and experimental solid waste management technology or process. The application for such permit must clearly demonstrate adequate protection of human health and safety and the environment and must be consistent with federal and state laws and regulations and this article. A permit issued under this section must not be for an activity of a continuing nature.
(B) An application for a permit issued under this section must, at a minimum:
(1) describe the proposed activity in detail;
(2) describe how the permit applicant intends to provide for the management of solid waste in order to determine the efficiency and performance capabilities of the technology or process and the effects of such technology or process on human health and safety and the environment; and how the permit applicant intends to protect human health and safety and the environment in the conduct of the project; and
(3) state that the permit applicant will share on a timely basis with the department any information obtained as a result of the activity undertaken under the permit.
(C) Not later than eighteen months after the date of enactment of this article, the department shall promulgate the criteria and procedures for the issuance of such permits.
Section 44-96-320. Solid waste landfills.
(A) Not later than eighteen months after 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 promulgate, as it deems necessary for public health and safety, regulations for waste which require special management. 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 operational plan describing how the facility will meet all applicable regulatory requirements;
(f) the maximum volume of solid waste the facility is capable of receiving over the operational life of the facility and the rate at which the facility will receive that waste; and
(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 44-96-330. 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; and
(4) landfills, at a minimum, not be located in the following locations:
(a) within the one hundred-year flood plain unless it can be demonstrated by the owner or operator that engineering measures have been incorporated into the landfill design to ensure the landfill will not restrict the flow of the one hundred-year base flood, reduce the temporary water shortage capacity of the flood plain, or result in the washout of solid waste so as to pose a hazard to human health or the environment;
(b) within two hundred feet of a fault that has had displacement in Holocene time;
(c) within a seismic impact zone or other unstable areas unless it can be demonstrated by the owner or operator that engineering measures have been incorporated into the landfill design to ensure the structural stability of the landfill capable of protecting human health and safety and the environment; and
(d) within proximity of airports or wetlands to be determined by the department by regulation.
Section 44-96-340. Solid waste incinerators.
(A) 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 44-96-350. 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 be disposed of only in the following manner:
(1) a monofill meeting the following requirements:
(a) the unit or cell is used exclusively for the disposal of municipal solid waste incinerator ash;
(b) the unit is located, designed, and operated so as to protect human health and safety and the environment;
(c) the unit has a groundwater monitoring system and a leachate collection and removal system; and
(d) the unit has a single composite liner or double geomembrane liner designed, operated, and constructed of materials to restrict the migration of any constituent into and through such liner during such period as the unit remains in operation, including any postclosure monitoring period.
(2) a landfill unit, which may be used for the codisposal of municipal solid waste and municipal solid waste incinerator ash, meeting the following requirements:
(a) the unit is located, designed, and operated so as to protect human health and safety and the environment;
(b) the unit has groundwater monitoring and leachate collection systems; and
(c) the unit has a double geomembrane liner. The liner shall be designed, operated, and constructed of materials to prevent the migration of any constituent into and through such liner during the period the facility remains in operation and for any postclosure monitoring period.
(B) The department shall prescribe criteria and testing procedures for identifying the properties of municipal solid waste incinerator ash that may result in entry into groundwater or surface water in such manner as may pose a hazard to human health and safety or to the environment. The department shall prescribe such criteria and testing procedures not later than eighteen months after 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 44-96-360. 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 44-96-370. 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 44-96-380. 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 44-96-400. Information requirements by the department; disclosure of information obtained by the department.
(A) To assist in carrying out its responsibilities under this article, the department may require:
(1) the establishment and maintenance of records;
(2) the making of reports;
(3) the taking of samples and the performing of tests or analyses;
(4) the installation, calibration, use, and maintenance of monitoring equipment; or
(5) the providing of such other information as may be reasonably necessary to achieve the purposes of this article.
(B) Information obtained by the department pursuant to this article shall be available to the public unless the department determines such information to be proprietary. The department may make such determination where the person submitting the information demonstrates to the satisfaction of the department that the information, or parts thereof, if made public, would divulge methods, production rates, processes, or other confidential information entitled to protection.
Section 44-96-410. Inspections; samples.
(A) For the purpose of enforcing this article or any regulations promulgated pursuant to this article, an authorized representative or employee of the department may, upon presentation of appropriate credentials, at a reasonable time:
(1) enter any facility where solid wastes are managed;
(2) inspect and copy any records, reports, information, or test results necessary to carry out the department's responsibilities under this article; or
(3) inspect and obtain samples of any solid wastes from the owner, operator, or agent in charge of the facility, including samples from any vehicles in which solid wastes are being transported, as well as samples of any containers or labels. The department shall provide a sample of equal volume or weight to the owner, operator, or agent in charge upon request. The department also shall provide such person with a copy of the results of any analyses of such samples.
Section 44-96-420. Modification or revocation of orders to prevent violations of this article.
The department may issue, modify, or revoke any order to prevent a violation of this article.
Section 44-96-430. Hearings.
The department may hold public hearings and compel the attendance of witnesses, conduct studies, investigations, and research with respect to the operation and maintenance of any solid waste management 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 44-96-440. Unlawful acts.
(A) It shall be unlawful for any person to manage solid wastes in this State without reporting such activity to the department as required by regulation.
(B) It shall be unlawful for any person to manage solid wastes in this State without complying with the standards and procedures set forth in such regulations.
(C) It shall be unlawful for any person to fail to comply with this article and any regulations promulgated pursuant to this article, or to fail to comply with any permit issued under this article, or to fail to comply with any order issued by the board, commissioner, or department.
Section 44-96-450. Violations; penalties.
(A) Whenever the department finds that a person is in violation of a permit, regulation, standard, or requirement under this article, the department may issue an order requiring the person to comply with the permit, regulation, standard, or requirement, or the department may bring civil action for injunctive relief in the appropriate court, or the department may request that the Attorney General bring civil or criminal enforcement action under this section. This department also may impose reasonable civil penalties established by regulation, not to exceed ten thousand dollars for each day of violation, for violations of the provisions of this article, including any order, permit, regulation, or standard. After exhaustion of administrative remedies, a person against whom a civil penalty is invoked by the department may appeal the decision of the department or board to the court of common pleas.
(B) A person who wilfully violates any provision of this article, or a regulation promulgated pursuant to this article, is guilty of a misdemeanor and, upon conviction, shall be fined not more than ten thousand dollars for each day of violation or imprisoned for not more than one year, or both. If the conviction is for a second or subsequent offense, the punishment shall be a fine not to exceed twenty-five thousand dollars for each day of violation or imprisonment not to exceed two years, or both. The provisions of this subsection shall not apply to officials and employees of a local government owning 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 44-96-460. Training of operators of solid waste management facilities.
(A) The department shall establish qualifications for and encourage the development of certification programs for operators of landfills, coordinators of local recycling programs, and operators of other solid waste management facilities.
(B) The department shall work with accredited community colleges, vocational technical centers, state universities, and private institutions in developing educational materials, courses of study, and other such information to be made available for persons seeking to be certified as operators of solid waste management facilities.
(C) Two years after 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 44-96-470. Facility issues negotiation process.
(A) Upon the submission of any permit application to the department for any municipal solid waste disposal facility, the permit applicant shall within fifteen days of the date of submission of the application publicize the submission by public notice and in writing as follows:
(1) if the application is for a facility serving no more than one county, the public notice shall be published in a newspaper of general circulation serving the host county, and each local government in the county shall be notified further in writing of the permit application;
(2) if the application is for a facility serving more than one county, the public notice shall be published in a newspaper of general circulation serving each affected county, and each local government within such counties shall be further notified in writing of the permit application; 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 is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred one thousand dollars or imprisoned for not more than sixty days for each offense. If the violation occurs while operating a motor vehicle, the person also must be assessed points against his driver's record as provided in Section 56-1-720. 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. Magistrates' courts have jurisdiction of violations of this section.
(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 a fine imposed pursuant to items (1) or (2) of this subsection may be suspended.
(4) 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) For a second conviction 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) 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 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 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. If the violation occurs while operating a motor vehicle, the person also may be assessed points against his driver's record as provided in Section 56-1-720.
(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 subsection (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. Section 56-1-720 of the 1976 Code, as last amended by Act 532 of 1988, is further amended to read:
"Section 56-1-720. There is established a point system for the evaluation of the operating record of persons to whom a license to operate motor vehicles has been granted and for the determination of the continuing qualifications of these persons for the privileges granted by the license to operate motor vehicles. The system shall have as its basic element of the system is a graduated scale of points assigning relative values to the various violations in accordance with the following schedule:
VIOLATION POINTS
Reckless driving 6
Passing stopped school bus 6
Hit-and-run, property damages only 6
Driving too fast for conditions,
or speeding:
(1) No more than 10 m.p.h.
above the posted limits 2
(2) More than 10 m.p.h.
but less than 25 m.p.h.
above the posted limits 4
(3) 25 m.p.h. or above
the posted limits 6
Disobedience of any official
traffic control device 4
Disobedience to officer directing
traffic 4
Failing to yield right of way 4
Driving on wrong side of road 4
Passing unlawfully 4
Turning unlawfully 4
Driving through or within a
safety zone 4
Failing to give signal or giving
improper signal for stopping,
turning, or suddenly decreased
speed 4
Shifting lanes without safety
precaution 2
Improper dangerous parking 2
Following too closely 4
Failing to dim lights 2
Operating with improper lights 2
Operating with improper brakes 4
Operating a vehicle in unsafe
condition 2
Driving in improper lane 2
Improper backing 2
Dumping litter on public
or private property or waters 2."
SECTION 4. 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; and
(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 state 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."
SECTION 5. 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 6. To ensure the public purpose of comprehensive management of solid waste, it is the purpose and intent of the General Assembly that alternative financing be provided for the implementation of this act, in addition to the financing provided in this act. Nothing in this act shall be construed to limit local governments or regions from availing themselves of any methods of financing provided by law including, but not limited to, the provisions of Chapters 16 and 21 of Title 6 to meet the present and future solid waste disposal needs of the people of this State.
SECTION 7. The General Assembly finds that the combustion of refuse by solid waste management facilities to supplement the electricity supply is in some cases an effective energy conservation effort and is an environmentally preferred alternative to conventional solid waste disposal. Therefore, the South Carolina Public Service Commission and the Joint Legislative Committee on Energy are directed to review alternatives which will encourage the development of solid waste management facilities that use solid waste as a primary source of fuel for the production of electricity. The Public Service Commission and the Joint Legislative Committee on Energy must review alternatives in addition to those existing under Section 210 of the Public Utility Regulatory Policies Act of 1978. Within twelve months after the effective date of this act, the Public Service Commission and the Joint Legislative Committee on Energy shall make a joint report on the alternatives explored and the advantages and disadvantages of each alternative explored and recommend a program for implementation in South Carolina. The report must be made to the Governor and the General Assembly. Agencies of the State of South Carolina are directed to assist and work with the Public Service Commission and the Joint Legislative Committee on Energy in their review of alternatives which would be, in whole or in part, within the jurisdiction, management, control, supervision, or administration of the agency.
SECTION 8. Analysis lines following each code section in this bill are for informational purposes only and are not part of the code itself.
SECTION 9. This act takes effect upon approval by the Governor except that Section 12-7-1255 is effective for taxable years beginning on or after January 1, 1991, but any credit attributable to a taxable year beginning in 1991 must be claimed on the return due for the taxable year beginning in 1991./
Renumber sections to conform.
Amend title to conform.
The question then was third reading of the Bill.
Senator BRYAN proposed the following Amendment No. 2 (N05\7413.BD), which was adopted:
Amend the bill, as and if amended, Section 44-96-80, by adding an appropriately lettered subsection to read:
/( ) This chapter does not:
(1) authorize a local government to enter into agreements or to enact ordinances or resolutions determining private rights with respect to recovered materials in solid waste separated for recycling use or reuse before pickup by or delivery to a local government or persons under contract with the local government;
(2) prohibit a generator of recovered materials from selling, conveying, or arranging for the transportation of materials to a recycler for recycling nor prevent a recycling company or nonprofit entity from collecting and transporting recovered materials from a buy-back center, drop box, or a generator of recovered materials./
Reletter subsections to conform.
Amend title to conform.
Senator BRYAN explained the amendment.
Senator BRYAN moved that the amendment be adopted.
The amendment was adopted.
Senator HAYES proposed the following Amendment No. 4 (BR1\1541.AC), which was adopted:
Amend the bill, as and if amended, by striking Section 44-96-40(35) and inserting:
/(35) `Region' means a group of counties in South Carolina which is planning to or has prepared, approved, and submitted a regional solid waste management plan to the department pursuant to Section 44-96-80./
Amend further by striking Section 44-96-40(37) and inserting:
/(37) `Regional solid waste management plan' means a solid waste management plan prepared, approved, and submitted by a group of counties in South Carolina pursuant to Section 44-96-80./
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the amendment.
Senator HAYES moved that the amendment be adopted.
The amendment was adopted.
Senator LAND proposed the following Amendment No. 5 (BBM\9341.BD), which was ruled out of order:
Amend the bill, as and if amended, Section 44-96-50(E), by striking the last paragraph of the subsection which reads:
/In determining whether this solid waste recycling goal has been achieved, no more than forty percent of this goal may be met by the removal from the solid waste stream of yard trash and land clearing debris./
Amend title to conform.
Senator PASSAILAIGUE raised a Point of Order that the amendment was out of order inasmuch as the substance of the amendment was identical to an amendment which had been tabled earlier in the debate on S. 388 and further, the Senate was at the same stage of consideration of the Bill, to-wit, third reading.
The PRESIDENT sustained the Point of Order.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
S. 536 -- Senators Lourie, Passailaigue, Bryan, Hayes, Long, Leatherman, Nell W. Smith, Macaulay, Peeler, Pope and Rose: A BILL TO AMEND CHAPTER 77, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEATH WITH DIGNITY ACT, BY ADDING SECTION 44-77-85 SO AS TO AUTHORIZE A DECLARANT TO DESIGNATE AN AGENT TO ACT ON HIS BEHALF TO ENSURE THAT THE DECLARATION IS GIVEN EFFECT; TO AMEND SECTION 44-77-20, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO REVISE THE DEFINITIONS OF "LIFE-SUSTAINING PROCEDURES" AND "TERMINAL CONDITION" AND ADD THE DEFINITIONS OF "PERMANENT UNCONSCIOUSNESS" AND "AGENT"; SECTION 44-77-30, AS AMENDED, RELATING TO WITHHOLDING LIFE-SUSTAINING PROCEDURES, SO AS TO CLARIFY THAT ACTIVE TREATMENT MUST BE ADMINISTERED BEFORE GIVING EFFECT TO A DECLARATION; SECTION 44-77-40, AS AMENDED, RELATING TO QUALIFICATIONS FOR WITNESSES TO A DEATH WITH DIGNITY DECLARATION, SO AS TO FURTHER LIMIT WHO MAY BE A WITNESS TO A DECLARATION; SECTION 44-77-50, AS AMENDED, RELATING TO THE FORM OF A DECLARATION, SO AS TO INCLUDE THE REVISED DEFINITION OF TERMINAL CONDITION, PROVIDE SPECIFIC DIRECTIONS REGARDING TUBE FEEDING WHICH A DECLARANT MAY CHOOSE, PROVIDE FOR THE APPOINTMENT OF AN AGENT, AND REVISE THE LANGUAGE PERTAINING TO THE REVOCATION OF A DECLARATION; AND SECTION 44-77-80, AS AMENDED, RELATING TO REVOCATION OF A DECLARATION, SO AS TO REMOVE THE AUTHORITY OF AN AGENT TO REVOKE A DECLARATION AND INCLUDE THAT THE DECLARANT MAY REVOKE A DECLARATION BY EXECUTING A SUBSEQUENT DECLARATION.
On motion of Senator SETZLER the Bill was carried over.
S. 249 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-232 SO AS TO PROVIDE THAT REAL PROPERTY DOES NOT QUALIFY AS AGRICULTURAL REAL PROPERTY UNLESS THE TRACT IS FIVE ACRES OR MORE IN THE CASE OF TIMBERLAND AND TEN ACRES OR MORE FOR OTHER THAN TIMBERLAND, TO PROVIDE THAT THE TEN ACRE REQUIREMENT DOES NOT APPLY IF THERE IS AT LEAST ONE THOUSAND DOLLARS OF GROSS FARM INCOME FOR AT LEAST THREE OF THE FIVE TAXABLE YEARS PRECEDING THE APPLICATION FOR AGRICULTURAL USE, TO MAKE NEW OWNERS OF LESS THAN TEN ACRES ELIGIBLE FOR AGRICULTURAL USE SUBJECT TO THE ROLLBACK TAX IF THEY FAIL TO MEET THE SAME INCOME REQUIREMENTS IN THE FIRST FIVE YEARS OF OPERATION, TO AUTHORIZE THE ASSESSOR TO OBTAIN TAX INFORMATION AND THE AGRICULTURE STABILIZATION AND CONSERVATION SERVICE FARM IDENTIFICATION NUMBER TO VERIFY APPLICATIONS, TO PROVIDE THAT LAND IDLE UNDER LAND RETIREMENT PROGRAMS QUALIFIES FOR AGRICULTURAL USE IF OTHERWISE ELIGIBLE, TO PROVIDE THAT IN THE CASE OF LEASE OPERATIONS, THE LESSOR OR LESSEE SHALL MEET THE REQUIREMENTS, AND TO REQUIRE APPLICANTS FOR AGRICULTURAL USE OR THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS TO CERTIFY THAT THE PROPERTY MEETS THE APPLICABLE REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-340 SO AS TO MAKE IT UNLAWFUL TO MAKE A FALSE STATEMENT ON AN APPLICATION FOR AGRICULTURAL USE AND THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS AND PROVIDE A PENALTY; AND TO EXEMPT FROM THE ROLLBACK TAX LANDOWNERS MADE INELIGIBLE FOR AGRICULTURAL USE BY THE PROVISIONS OF THIS ACT.
Senator SETZLER moved that the Bill be carried over.
The Bill was carried over.
S. 607 -- Senators Setzler, Martin, Saleeby, Fielding, O'Dell, Matthews, Mitchell, Hinds, Giese, Holland, Land, Waddell, Courson, Hayes and Nell W. Smith: A BILL TO AMEND SECTION 37-1-301, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL DEFINITIONS IN REGARD TO THE CONSUMER PROTECTION CODE, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 37-2-202, AS AMENDED, RELATING TO ADDITIONAL CREDITOR CHARGES, SO AS TO REVISE THESE CHARGES; TO AMEND SECTION 37-2-203, RELATING TO DELINQUENCY CHARGES ON CONSUMER CREDIT SALES, SO AS TO REVISE THESE CHARGES; TO AMEND SECTION 37-2-303, RELATING TO NOTICES TO CO-SIGNERS AND SIMILAR PARTIES ON CONSUMER CREDIT SALES, SO AS TO PROVIDE FOR AN ADDITIONAL NOTICE TO CO-SIGNERS; TO AMEND SECTION 37-2-305, RELATING TO FILING AND POSTING OF MAXIMUM RATE SCHEDULES IN REGARD TO CONSUMER CREDIT SALES, SO AS TO PROVIDE FOR RATE SCHEDULES IN REGARD TO VARIABLE RATES AND TO PROVIDE THE DATE BY WHICH CERTAIN CREDITOR FILING FEES ARE DUE; TO AMEND SECTION 37-2-306, RELATING TO NOTICE OF ASSUMPTION OF RIGHTS, SO AS TO PROVIDE THAT EVERY CREDITOR ENGAGED IN MAKING CONSUMER LOANS PURSUANT TO SELLER CREDIT CARDS SHALL MAKE AND FILE CERTAIN DISCLOSURES; TO AMEND SECTION 37-3-104, RELATING TO THE DEFINITION OF A CONSUMER LOAN, SO AS TO REVISE THIS DEFINITION; TO AMEND SECTION 37-3-105, RELATING TO FIRST MORTGAGE REAL ESTATE LOANS, SO AS TO CORRECT AN IMPROPER REFERENCE; TO AMEND SECTION 37-3-202, AS AMENDED, RELATING TO ADDITIONAL LENDER CHARGES, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND SECTION 37-3-203, RELATING TO DELINQUENCY CHARGES ON CERTAIN CONSUMER LOANS, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND SECTION 37-3-303, RELATING TO NOTICE TO CO-SIGNERS AND SIMILAR PARTIES ON CERTAIN CONSUMER LOANS, SO AS TO PROVIDE FOR AN ADDITIONAL NOTICE TO CO-SIGNERS; TO AMEND SECTION 37-3-305, AS AMENDED, RELATING TO THE FILING AND POSTING OF MAXIMUM RATE SCHEDULES BY CREDITORS, SO AS TO FURTHER PROVIDE FOR THIS FILING AND POSTING IN REGARD TO VARIABLE RATES; TO AMEND SECTION 37-3-306, RELATING TO NOTICE OF ASSUMPTION RIGHTS, SO AS TO PROVIDE THAT EVERY CREDITOR MAKING CONSUMER LOANS PURSUANT TO A LENDER CREDIT CARD MUST MAKE AND FILE CERTAIN DISCLOSURES; TO AMEND SECTION 37-3-510, RELATING TO RESTRICTIONS ON AN INTEREST IN LAND AS SECURITY, SO AS TO EXEMPT CERTAIN OPEN-END CREDIT AGREEMENTS FROM THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 37-4-203, RELATING TO FILING AND APPROVAL OF CREDIT INSURANCE PREMIUM RATES AND CHARGES, SO AS TO REVISE CERTAIN CREDIT LIFE INSURANCE PREMIUMS WHICH MAY BE CHARGED; TO AMEND SECTION 37-6-108, RELATING TO ADMINISTRATIVE ENFORCEMENT ORDERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO FURTHER PROVIDE FOR THE VIOLATIONS WHICH ARE SUBJECT TO ACTIONS BY THE ADMINISTRATOR AND TO AUTHORIZE THE ADMINISTRATOR TO IMPOSE CERTAIN ADMINISTRATIVE PENALTIES; TO AMEND SECTION 37-6-113, RELATING TO CIVIL ACTIONS BY THE ADMINISTRATOR, SO AS TO FURTHER PROVIDE FOR THE CONDITIONS UNDER WHICH A CIVIL PENALTY MAY BE IMPOSED; TO AMEND SECTION 37-6-117, RELATING TO THE ADMINISTRATIVE RESPONSIBILITIES REGARDING CONSUMER PROTECTION OF THE ADMINISTRATOR, SO AS TO FURTHER PROVIDE FOR THESE ADMINISTRATIVE RESPONSIBILITIES; TO AMEND SECTION 37-6-203, RELATING TO FEES TO BE PAID TO THE ADMINISTRATOR, SO AS TO CLARIFY THE FEE DUE BY PERSONS ALSO ENGAGED IN MAKING CONSUMER RENTAL-PURCHASE AGREEMENTS; TO AMEND SECTION 37-10-102, AS AMENDED, RELATING TO ATTORNEY'S FEES AND OTHER CHARGES ON MORTGAGE LOANS FOR PERSONAL PURPOSES, SO AS TO DELETE CERTAIN CREDITOR DISCLOSURE STATEMENT REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 37-10-107 SO AS TO PROHIBIT A PERSON FROM MAINTAINING AN ACTION FOR RELIEF REGARDING THE BORROWING OF MONEY UNDER CERTAIN SPECIFIED CONDITIONS; TO AMEND SECTION 39-61-100, RELATING TO THE AUTHORITY OF THE ADMINISTRATOR UNDER THE MOTOR CLUB SERVICES ACT, SO AS TO AUTHORIZE THE ADMINISTRATOR TO IMPOSE PENALTIES; TO AMEND SECTION 40-39-150, RELATING TO THE AUTHORITY OF THE ADMINISTRATOR IN REGARD TO PAWNBROKERS, SO AS TO AUTHORIZE THE ADMINISTRATOR TO ISSUE CEASE AND DESIST ORDERS; TO AMEND SECTION 44-79-80, RELATING TO THE FUNCTIONS AND POWERS OF THE ADMINISTRATOR IN REGARD TO THE PHYSICAL FITNESS SERVICES ACT, SO AS TO FURTHER PROVIDE FOR THESE POWERS AND INCREASE THE FEES FOR CERTIFICATES OF AUTHORITY ISSUED BY THE ADMINISTRATOR; AND TO REPEAL SECTION 37-6-114 RELATING TO THE PROHIBITION AGAINST JURY TRIALS IN ACTIONS BROUGHT BY THE ADMINISTRATOR UNDER THE CONSUMER PROTECTION CODE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Banking and Insurance.
On motion of Senator SETZLER, debate was adjourned on the Bill.
On motion of Senator SETZLER, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and confirmed by the Senate, and the same were ordered published in the Journal, to wit:
Appointment, Member, Abbeville County Magistrate, with term to expire April 30, 1994 :
George T. Ferguson, P.O. Box 871, Abbeville, S.C., 29602
VICE: Edwin A. Manos (Resigned)
Reappointments, Members, Allendale County Magistrates, with term to expire April 30, 1994:
Mr. Rufus E. Ferguson, P.O. Box 421, Fairfax, South Carolina 29827
Mr. James Phillip Dedmon, 301 North Main Street, Allendale, South Carolina 29810
Reappointment, Member, Kershaw County Master-in-Equity, with term to expire July 1, 1995:
Mr. Rolly W. Jacobs, P.O. Box 664, Camden, South Carolina 29020
At 1:57 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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