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Indicates Matter Stricken
Indicates New Matter

S. 596

STATUS INFORMATION

General Bill
Sponsors: Senators Senn, Campsen, McElveen and Leatherman
Document Path: l:\s-res\ss\012prep.kmm.ss.docx

Introduced in the Senate on February 23, 2021
Introduced in the House on April 27, 2021
Last Amended on April 21, 2021
Currently residing in the House Committee on Agriculture, Natural Resources and Environmental Affairs

Summary: Preproduction plastic

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   2/23/2021  Senate  Introduced and read first time (Senate Journal-page 5)
   2/23/2021  Senate  Referred to Committee on Medical Affairs 
                        (Senate Journal-page 5)
   4/16/2021          Scrivener's error corrected
   4/20/2021  Senate  Committee Amendment Adopted (Senate Journal-page 25)
   4/21/2021  Senate  Amended (Senate Journal-page 39)
   4/21/2021  Senate  Read second time (Senate Journal-page 39)
   4/21/2021  Senate  Roll call Ayes-42  Nays-1 (Senate Journal-page 39)
   4/22/2021  Senate  Read third time and sent to House 
                        (Senate Journal-page 13)
   4/27/2021  House   Introduced and read first time (House Journal-page 85)
   4/27/2021  House   Referred to Committee on Agriculture, Natural Resources 
                        and Environmental Affairs (House Journal-page 85)

View the latest legislative information at the website

VERSIONS OF THIS BILL

2/23/2021
4/15/2021
4/16/2021
4/20/2021
4/21/2021

AMENDED

April 21, 2021

S. 596

Introduced by Senators Senn, Campsen, McElveen and Leatherman

S. Printed 4/21/21--S.

Read the first time February 23, 2021.

TO AMEND CHAPTER 1, TITLE 48 OF THE 1976 CODE, RELATING TO THE POLLUTION CONTROL ACT, BY ADDING SECTION 48-1-92, TO PROVIDE FOR THE REGULATION OF PRE-PRODUCTION PLASTIC BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Chapter 1, Title 48 of the 1976 Code is amended by adding:

"Section 48-1-92.    (A)    The department is to regulate stormwater discharges of pre-production plastic at facilities that are not regulated based on the existing criteria of the National Pollutant Discharge Elimination System Stormwater Program. Pursuant to the program:

(1)    pre-production plastics are those products, to include pellets, powders, and flakes, that are utilized in the production of plastic products;

(2)    post-production plastics are those products created by activities including the melting, shaping, and molding of pre-production plastics;

(3)    the department shall promulgate regulations to add an additional category of industrial activity so that the operators of facilities that are primarily engaged in the transportation, transloading, packaging, wholesale, or storing of pre-production plastics are subject to regulation by the program. The operators of facilities that transport, transload, package, wholesale, or store post-production plastics shall not be included; and

(4)    pre-production plastic shall be classified as 'other refuse' for the purposes of the Water Classifications and Standards.

(B)    The department shall promulgate regulations to implement best practice requirements for facilities that are brought under regulation pursuant to this section, including:

(1)    the installation of containment systems at all storm drain discharge locations at a facility that are down-gradient of an area where pre-production plastic is handled;

(2)    measures to contain pre-production plastic during the storage, handling, or transfer of the pre-production plastic, including the use of:

(a)    sealed containers that will not rupture under typical loading or unloading activities;

(b)    capture devices under all transfer valves and devices used in loading, unloading, or otherwise transferring pre-production plastic; and

(c)    vacuums or vacuum-type systems for the quick cleanup of fugitive pre-production plastic; and

(3)    new best management practices reflecting updates in science and technology, or advances in detection and treatment technologies, as appropriate.

(C)    The department may promulgate regulations necessary to implement the program and to provide additional requirements regarding the regulation of releases of pre-production plastic from facilities into the waters or onto the land of this State.

(D)    A facility that violates a provision of this section shall be subject to the department's enforcement procedures, and such a facility shall further:

(1)    for a first violation during a five-year period, be fined up to twenty-five thousand dollars;

(2)    for a second violation during a five-year period, be fined up to fifty thousand dollars; and

(3)    for a third or subsequent violation during a five-year period, be fined up to one hundred thousand dollars and have its permit revoked for five years."

SECTION    2.    The Department of Health and Environmental Control shall implement the program pursuant to Section 48-1-92, as added by this act, no later than January 1, 2022.

SECTION    3.    This act takes effect upon approval by the Governor.

This web page was last updated on April 27, 2021 at 3:34 PM