Current Status Introducing Body:House Bill Number:4884 Primary Sponsor:McTeer Type of Legislation:GB Subject:Infectious Waste Program Fund Residing Body:Senate Computer Document Number:CYY/15836AC.94 Introduced Date:19940307 Last History Body:Senate Last History Date:19940428 Last History Type:Recalled from Committee, placed on Calendar without reference Scope of Legislation:Statewide All Sponsors:McTeer Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
4884 Senate 19940428 Recalled from Committee, 13
placed on Calendar
4884 Senate 19940426 Introduced, read first time, 13
referred to Committee
4884 House 19940422 Read third time, sent to
Senate
4884 House 19940421 Unanimous consent for third
reading on next Legislative
day
4884 House 19940421 Read second time
4884 House 19940414 Debate adjourned until
Thursday, April 21, 1994
4884 House 19940414 Objection by Representative Elliott
4884 House 19940406 Debate adjourned until
Wednesday, April 13, 1994
4884 House 19940324 Recalled from Committee 30
4884 House 19940307 Introduced, read first time, 30
referred to Committee
View additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
RECALLED
April 28, 1994
H. 4884
S. Printed 4/28/94--S.
Read the first time April 26, 1994.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-93-165 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL ESTABLISH AN INFECTIOUS WASTE PROGRAM FUND TO CARRY OUT THE DEPARTMENT'S RESPONSIBILITIES UNDER THE INFECTIOUS WASTE MANAGEMENT ACT; TO AMEND SECTION 44-93-160, AS AMENDED, RELATING TO FEES ON TREATMENT OF INFECTIOUS WASTE, SO AS TO REDUCE THE FEE FROM THIRTY DOLLARS TO TWENTY-FIVE DOLLARS A TON ON ALL WASTE AND TO REMOVE THE FEE DIFFERENTIAL BETWEEN IN-STATE AND OUT-OF-STATE; TO AMEND SECTION 44-93-170, AS AMENDED, RELATING TO THE INFECTIOUS WASTE CONTINGENCY FUND, SO AS TO PROVIDE THAT FEES REMAINING AFTER THE FUNDING OF THE INFECTIOUS WASTE PROGRAM FUND MUST BE DEPOSITED IN THE INFECTIOUS WASTE MANAGEMENT FUND.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 44-93-165. The department shall establish an Infectious Waste Program Fund to ensure the availability of funds to carry out the department's responsibilities under this chapter. This fund must be financed by the fees imposed pursuant to Section 44-93-160. From the revenue derived from the fees on infectious waste, an amount equal to eight dollars per ton must be deposited into the Infectious Waste Program Fund."
SECTION 2. Section 44-93-160 of the 1976 Code, as last amended by Act 612 of 1990, Part II, Section 6A, is further amended to read:
"Section 44-93-160. (A) There is imposed a fee on the commercial treatment of infectious waste in this State equal to thirty twenty-five dollars a ton on the pretreatment weight of infectious waste generated outside of this State and twenty-five dollars a ton on the pretreatment weight of infectious waste generated within this State to be imposed upon facilities required to be permitted pursuant to this chapter.
(B) The owner or operator of a commercial facility required to be permitted pursuant to this chapter treating infectious waste shall submit, not later than the tenth day of each month, to the Department of Health and Environmental Control:
(1) a report detailing the total weight of infectious waste received for treatment during the preceding month and its point of origin;
(2) a check made payable to the department for the fee due for the preceding month;
(3) in case of failure to file a return on or before the date prescribed by law or failure to pay a fee on or before the date prescribed by law, there must be added a penalty of twenty-five percent of the amount of fee due. The department may revoke a permit to operate for failure to pay any fees, penalties, or interest required by law. Upon payment the department may reinstate the permit to an operator of a commercial permitted treatment facility treating infectious waste in this State. The penalty provided by this item may be reduced or waived by the department for reasonable cause;.
(C) A person treating infectious waste who fails to remit the fee or penalty as provided by law must be charged interest at the rate of one percent a month. Interest must be calculated on the full amount of the fee or portion of it, exclusive of penalties, from the time the fee or penalty was due and paid in its entirety."
SECTION 3. Section 44-93-170 of the 1976 Code, as last amended by Act 612 of 1990, Part II, Section 6B, is further amended to read:
"Section 44-93-170. The department shall establish an Infectious Waste Contingency Fund to ensure the availability of funds for response actions necessary at commercial permitted infectious waste treatment facilities and necessary from accidents in the transportation of infectious waste and to defray the cost of governmental response action actions associated with infectious waste. This After funding of the Infectious Waste Program Fund, as provided for in Section 44-93-165. The Infectious Waste Contingency Fund must be financed by the remaining fees imposed pursuant to Section 44-93-160. The revenue derived from the fees on waste must be credited to the Infectious Waste Contingency Fund must be allocated as follows: an amount equal to two-thirds of the fees must be deposited into the fund and an amount equal to one-third of the fees must be held in a separate and distinct account within the fund for the purpose of being returned to each county in which the fee imposed by Section 44-93-160 is collected. When the amount of fees held in the Infectious Waste Contingency Fund meets or exceeds five million dollars, two-thirds of all subsequent fees collected to be credited to the Infectious Waste Contingency Fund must be remitted to the Hazardous Waste Contingency Fund established pursuant to Section 44-56-160(A) to assist in defraying the costs of governmental response actions at uncontrolled hazardous waste sites, with the remaining one-third of all subsequent fees collected pursuant to Section 44-93-160 credited to the Infectious Waste Contingency Fund continuing to be placed into a separate and distinct account for counties as provided in this item section. Interest earned by the funds must be credited to the general fund of the State. Proceeds of the county account returned to a county pursuant to this section must be released by the State Treasurer upon the written request of a majority of the legislative delegation of the recipient county."
SECTION 4. This act takes effect July 1, 1994.