Current Status Bill Number:4640 Ratification Number:334 Act Number:506 Type of Legislation:Joint Resolution JR Introducing Body:House Introduced Date:19980217 Primary Sponsor:Rhoad All Sponsors:Rhoad, Sharpe, Barfield, T. Brown and Webb Drafted Document Number:psd\7187ac.98 Date Bill Passed both Bodies:19980407 Date of Last Amendment:19980331 Governor's Action:U Became law without signature of Governor Date of Governor's Action:19980421 Subject:Pesticide operation, compressed gas tank or cylinder to supply propellant equipped with back flow device, Agriculture
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19980910 Act No. A506 ------ 19980421 Unsigned, became law without signature of Governor ------ 19980414 Ratified R334 House 19980407 Concurred in Senate amendment, enrolled for ratification Senate 19980401 Read third time, returned to House with amendment Senate 19980331 Read second time, ordered to third reading with notice of general amendments Senate 19980331 Committee amendment adopted Senate 19980327 Committee report: Favorable with 01 SANR amendment Senate 19980324 Introduced, read first time, 01 SANR referred to Committee House 19980320 Read third time, sent to Senate House 19980319 Read second time, unanimous consent for third reading on Friday, 19980320 House 19980318 Committee report: Favorable 20 HANR House 19980217 Introduced, read first time, 20 HANR referred to CommitteeView additional legislative information at the LPITS web site.
(A506, R334, H4640)
A JOINT RESOLUTION TO REQUIRE A PERSON ENGAGED IN PESTICIDE OPERATIONS TO ENSURE THAT ALL COMPRESSED GAS TANKS OR CYLINDERS USED TO SUPPLY PROPELLANT FOR PESTICIDES ARE EQUIPPED WITH PROPERLY FUNCTIONING BACK FLOW PREVENTION DEVICES AND TO PROVIDE CRIMINAL AND CIVIL PENALTIES.
Whereas, on two occasions within the past year, persons not involved in agricultural operations have been injured by pesticides, specifically fumigants, which apparently have, during the course of fumigation operations, flowed from pesticide containers into the tanks which contained the compressed gas (nitrogen, air, etc.) propellant. These tanks were not purged prior to refilling, such that the subsequent users of the tanks were put at risk; and
Whereas, until the State Crop Pest Commission promulgates regulations addressing this matter, it is incumbent upon the General Assembly to take measures to protect the health and safety of the public. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
Back flow prevention devices required; penalties
SECTION 1. (A) All persons engaged in pesticide operations shall ensure that all compressed gas tanks or cylinders which are used to supply propellant for pesticides used in fumigations or other pesticide applications are equipped with properly functioning back flow prevention devices which will prevent the entry of pesticide into the compressed gas tank or cylinder. No person shall operate any compressed gas tank or cylinder in pesticide operations unless a back flow prevention device is installed and properly functioning.
The back flow prevention device must be placed between the tank/cylinder regulator and the pesticide system.
Pesticide operations must cease prior to the tank/cylinder pressure falling below twice the pesticide system operating pressure, or 200 psi, whichever is greater.
(B) Any person who violates any provision of this section or any regulation promulgated hereunder shall be subject to the criminal and/or civil penalties as provided by Section 46-9-90.
Duration of resolution
SECTION 2. This joint resolution remains in effect until such time as the State Crop Pest Commission promulgates regulations addressing the matter.
Time effective
SECTION 3. This joint resolution takes effect upon approval by the Governor.
Became law without the signature of the Governor -- 04/21/98.