Current Status Bill Number:3549 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950208 Primary Sponsor:Sharpe All Sponsors:Sharpe Drafted Document Number:br1\18003ac.95 Residing Body:House Current Committee:Agriculture, Natural Resources and Environmental Affairs Committee 20 HANR Subject:Hazardous waste, environmental impairment
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950426 Recommitted to Committee 20 HANR
House 19950405 Debate adjourned until
Wednesday, 19950412
House 19950328 Objection by Representative Sheheen
Cromer
Neal
Rogers
Delleney
Baxley
McElveen
Wilkes
Hines
Harvin
Davenport
House 19950322 Committee report: Favorable with 20 HANR
amendment
House 19950208 Introduced, read first time, 20 HANR
referred to Committee
View additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
March 22, 1995
H. 3549
S. Printed 3/22/95--H.
Read the first time February 8, 1995.
To whom was referred a Bill (H. 3549), to amend Section 44-56-60, as amended, Code of Laws of South Carolina, 1976, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 44-56-60(c) of the 1976 Code, as last amended by Act 590 of 1990, is further amended to read:
"(c) Before issuance of a permit For each facility for which a permit is required under subsection (a)(2) or (b), the department shall require:
1. Evidence of liability coverage for sudden and nonsudden accidental occurrences in an amount the department may determine necessary for the protection of the public health and safety, and the environment;
2. Evidence of financial assurance in the form and amount as the department may determine to be necessary to ensure that, upon abandonment, cessation, or interruption of the operation of a facility or site, all appropriate measures are taken to prevent present and future damage to the public health and safety and to the environment. The department shall assume continuing responsibility for environmental monitoring and for any response actions necessary to ensure the health and safety of the state's citizens for any hazardous waste disposal or treatment sites permitted under this chapter when the facilities, sites, or activities close and all responsibilities required of any other party by any state or federal law or regulation cease. The department's responsibility for monitoring and response action is neither a limitation nor a termination of the liability of generators, transporters, or the operators of the facility under any provision of law or at common law.;
3. Evidence of other financial assurance in such forms and amounts as the department determines to be necessary to ensure the adequate availability of funds for clean-up costs and restoration of environmental impairment arising from the facility as the department determines to be necessary to ensure the availability of funds for clean-up costs and restoration of environmental impairment arising from the facility. The amount of the cost estimate for cleanup or environmental impairment restoration or for both at facilities accepting waste from off site at least shall equal the total of the cost estimate of closure and cost estimate of post-closure. If the department determines that financial assurance is necessary, the amount of the cost estimate for cleanup or environmental impairment or for both at facilities that treat, store, or dispose of waste generated on site shall equal the total of the cost estimate of closure and cost estimate of post-closure. If the department determines that the levels of financial responsibility required are not consistent with the degree and duration of risk associated with treatment, storage, or disposal at the facility or group of facilities, the department may adjust the level of financial responsibility required for facilities accepting waste from off site as may be necessary to protect human health and the environment. This adjusted level must be based on the department's assessment of the degree and duration of risk associated with the ownership or operation of the facility or group of facilities. The adjusted amount may not exceed a total of one hundred thirty-five million dollars adjusted annually for inflation, reduced by any other funds contributed by the owner or operator for response actions necessary at permitted hazardous waste landfills as required by Section 44-56-160. An owner or operator must furnish the department, within a reasonable time, information which the department requests to determine whether cause exists for adjustments of level of coverage. An adjustment of the level of coverage for a facility that has a permit must be treated as a permit modification.
An owner or operator of a facility accepting waste from off site must establish financial assurance for cleanup costs or restoration of environmental impairment or for both, on site or off site or both, associated with the facility and available for use during its active life and post-closure of the facility from these options:
(a) trust fund for environmental impairment;
(b) surety bond guaranteeing payment into a cleanup or environmental impairment restoration trust fund or both;
(c) surety bond guaranteeing performance of cleanup or environmental impairment restoration or both;
(d) cleanup or environmental impairment restoration letter of credit or both;
(e) cleanup or environmental impairment restoration insurance or both;
(f) financial test and corporate guarantee for cleanup or environmental impairment restoration or both;
(g) use of multiple financial mechanisms;
(h) use of a financial mechanism for multiple facilities;
(i) release of the owner or operator from the requirements of this section.
The department, after consultation with the State Treasurer, shall determine if the mechanism chosen meets the requirements set forth in this section. If a cleanup or environmental impairment restoration or both are conducted using a financial assurance mechanism, financial assurance must be restored to full funding of the cleanup or environmental impairment restoration or both cost estimate for use during the active life and post-closure of the facility within sixty days of the expenditure.
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
CHARLES R. SHARPE, for Committee.
TO AMEND SECTION 44-56-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR PERMITS AND PERMIT ISSUANCE UNDER THE "SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT", SO AS TO PROVIDE FOR THE FORMS OF FINANCIAL ASSURANCE REQUIRED TO ENSURE THE AVAILABILITY OF FUNDS FOR CLEAN-UP COSTS AND RESTORATION OF ENVIRONMENTAL IMPAIRMENT ARISING FROM A FACILITY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-56-60(c) of the 1976 Code, as last amended by Act 590 of 1990, is further amended to read:
"(c) Before issuance of a permit For each facility for which a permit is required under subsection (a)(2) or (b), the department shall require:
1. Evidence of liability coverage for sudden and nonsudden accidental occurrences in an amount the department may determine necessary for the protection of the public health and safety, and the environment;
2. Evidence of financial assurance in the form and amount as the department may determine to be necessary to ensure that, upon abandonment, cessation, or interruption of the operation of a facility or site, all appropriate measures are taken to prevent present and future damage to the public health and safety and to the environment. The department shall assume continuing responsibility for environmental monitoring and for any response actions necessary to ensure the health and safety of the state's citizens for any hazardous waste disposal or treatment sites permitted under this chapter when the facilities, sites, or activities close and all responsibilities required of any other party by any state or federal law or regulation cease. The department's responsibility for monitoring and response action is neither a limitation nor a termination of the liability of generators, transporters, or the operators of the facility under any provision of law or at common law.;
3. Evidence of other financial assurance in such forms and amounts as the department determines to be necessary to ensure the adequate availability of funds for clean-up costs and restoration of environmental impairment arising from the facility as the department determines to be necessary to ensure the availability of funds for clean-up costs and restoration of environmental impairment arising from the facility. The amount of financial assurance shall equal the total amount required to satisfy the requirements of item 2. The department shall allow the owner or operator of the facility to satisfy the requirements of this item by the use of one or a combination of the following:
(A) standby trust fund;
(B) surety bond guaranteeing payment into a clean-up trust fund or environmental impairment restoration trust fund or guaranteeing payment into both;
(C) surety bond guaranteeing performance of cleanup or environmental impairment restoration or guaranteeing performance of both;
(D) clean-up or environmental impairment restoration letter of credit or letter of credit for both;
(E) clean-up or environmental impairment restoration insurance or insurance for both;
(F) financial test and corporate guarantee of the owner or operator or of any corporate affiliate for clean-up or environmental impairment restoration or for both."
SECTION 2. The Department of Health and Environmental Control must submit regulations to the General Assembly for review, promulgated in accordance with the Administrative Procedures Act, to implement Section 1 of this act no later than the first day of the 1996 legislative session.
SECTION 3. This act is applicable to all persons who applied for or who have been issued a permit under Section 44-56-60(a)(2) or (b) before the effective date of this act and all persons applying for these permits on or after the effective date of this act.
SECTION 4. This act takes effect upon approval by the Governor.