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TO AMEND SECTION 44-96-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO YARD TRASH AND COMPOST, SO AS TO PROVIDE A MUNICIPALITY OF NO MORE THAN THREE THOUSAND RESIDENTS MAY OPEN AND OPERATE A SITE OF NO MORE THAN THREE ACRES FOR THE DISPOSAL OF YARD TRASH WITHOUT REGULATION BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-96-190 of the 1976 Code is amended to read:
"Section 44-96-190. (A)(1) Not later than twelve months after this chapter is effective, the department shall:
(1a) promulgate regulations governing the proper management or disposal, or both, of yard trash and land-clearing debris;
(2b) promulgate regulations establishing standards for the production of compost, including requirements necessary to produce hygienically safe compost products for varying applications; and
(3c) 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.
(B2) Twenty-four months after this chapter is effective, no a person shall may not 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.
(C3) Twenty-four months after this chapter is effective, no a person shall may not knowingly mix other municipal solid waste with yard trash and land-clearing debris that is intended for collection and disposal at a composting facility. This prohibition does not apply to bags or other containers approved by the operator of the composting facility.
(D4) Twenty-four months after this chapter is effective, no an owner or operator of a municipal solid waste landfill shall may not knowingly accept at the gate 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 before disposal in the landfill or contracts for the composting of such waste at the facility.
(E5) Any A person violating the provisions of subsections (B2) or (C3) shall be is 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.
(F6) All A state agencies agency, all political subdivisions subdivision using state funds to procure items, and all persons or a person contracting with such an agency or political subdivision where such persons procure the person procures items with state funds shall procure composted materials and products where practicable, subject to the provisions of Section 44-96-140(D).
(B) Notwithstanding the provisions of subsection (A), this chapter, or a regulation promulgated by subsection (A) or this chapter, a municipality with a population of no more than three thousand residents may establish and operate a site of no more than three acres exclusively for the disposal of yard trash. A site established or operated pursuant to this subsection may not be regulated by the department."
SECTION 2. This act takes effect upon approval by the Governor.
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