Current Status Bill Number:View additional legislative information at the LPITS web site.2289 Ratification Number:210 Act Number:140 Introducing Body:House Subject:Cleanup or closure of a hazardous waste site
(A140, R210, H2289)
AN ACT TO AMEND SECTIONS 44-56-20, 44-56-50, 44-56-60, 44-56-160, 44-56-170, 44-56-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HAZARDOUS WASTE MANAGEMENT, SO AS TO DEFINE RESPONSE ACTION AS ANY CLEANUP OR CLOSURE OF A HAZARDOUS WASTE SITE AND DEFINE UNCONTROLLED HAZARDOUS WASTE SITE; TO AUTHORIZE THE COMMISSIONER OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ISSUE A RESPONSE ACTION ORDER TO ELIMINATE A HAZARDOUS WASTE AND TO REQUEST THE ATTORNEY GENERAL TO RECOVER COSTS OF THE RESPONSE ACTION; TO REQUIRE A PERMIT FOR TRANSPORTATION OF AND REGULATION AND MONITORING OF BURIAL SITES OF HAZARDOUS WASTE; TO PROVIDE THAT THE HAZARDOUS WASTE CONTINGENCY FUND BE AVAILABLE FOR RESPONSE ACTIONS AND TRANSPORTATION ACCIDENTS OF HAZARDOUS MATERIALS AND TO INCREASE THE PER TON COSTS OF WASTE FROM GENERATORS FROM ONE DOLLAR AND FIFTY CENTS TO THREE DOLLARS, FROM GENERATED WASTE OUTSIDE THE STATE FROM TWO DOLLARS TO FOUR DOLLARS AND TO APPLY A CERTAIN PORTION OF WASTE ASSESSMENT FEES IN ADDITION TO GENERATED WASTE FEES TO THE CONTINGENCY FUND TO BE HELD SEPARATELY FOR RESPONSE ACTIONS AND THAT ONE DOLLAR PER TON OF HAZARDOUS WASTE BE HELD SEPARATE WITHIN THE FUND AND RETURNED TO THE GOVERNING BODY OF THE COUNTIES; TO REQUIRE EACH GENERATOR TO SUBMIT A REPORT TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CERTIFYING A PROGRAM TO REDUCE VOLUME AND TOXICITY OF WASTE AND THAT TREATMENT AND STORAGE IS NOT A THREAT TO HEALTH AND ENVIRONMENT; TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO REPORT TO THE GENERAL ASSEMBLY CONCERNING RESPONSE ACTIONS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 44-56-510 SO AS TO PROVIDE FOR A HAZARDOUS WASTE DISPOSAL ASSESSMENT FEE OF FIVE DOLLARS FOR WASTE GENERATED AND DISPOSED OF IN THIS STATE AND SEVEN DOLLARS FOR WASTE GENERATED OUTSIDE OF THIS STATE FOR DISPOSAL IN THIS STATE.
Be it enacted by the General Assembly of the State of South Carolina:
Findings
SECTION 1. The General Assembly finds that land filling is the least desirable method of disposing of hazardous waste because of its eternal potential for harm to public health and safety. Other methods of disposing of hazardous waste exist although these are often more costly.
Remedial actions to restore hazardous waste sites to proper public health standards are extremely expensive. Further the potential for danger far into the future requires the State to assume certain responsibilities for monitoring of and response to these dangers. The General Assembly finds it necessary to impose certain requirements on the industries which benefit from the production, transport, and disposal of these materials to protect the citizens of the State and to balance the pledge made by the State for the administration of programs to restore hazardous waste sites to public health standards. The requirements and fees imposed herein are considered minimum acceptable levels and are calculated to provide information to the State on the quantity and toxicity of wastes being land disposed and to spread the financial burden of the risks of previous and continued land disposal of hazardous waste among those industries which continue to select this method of disposal.
The General Assembly pledges to allocate funds and personnel for the administration of programs exclusively designated to respond to the dangers inherent in the generation, transportation, and disposal of waste. The General Assembly intends to gather information on the methods of disposal and transportation now in use in this State to improve regulation of hazardous waste and response capability to accidents involving such waste.
For these reasons it is necessary to amend Chapter 56 of Title 44 of the 1976 Code, the South Carolina Hazardous Waste Management Act:
(1) To protect future generations from the financial devastation of disrupted hazardous waste burial sites and accidents involving hazardous materials by increasing the amount of the Hazardous Waste Contingency Fund by industry and state contributions.
(2) To revise the fee schedule to encourage more environmentally sound treatment and disposal methods for hazardous waste.
(3) To designate the State as the responsible party for monitoring hazardous waste sites when all other parties' responsibilities have been exhausted.
(4) To reduce the likelihood of hazardous waste transportation accidents and prolong the life of existing landfills by limiting the burial rate of hazardous waste.
Definition
SECTION 2. Section 44-56-20(13) is amended to read:
"(13) 'Uncontrolled hazardous waste site' means any site where hazardous wastes or other hazardous substances have been released, abandoned, or otherwise improperly managed so that governmental response action is deemed necessary to remedy actual or potential damages to public health, the public welfare, or the environment.
For the purpose of this item the term Hazardous Waste does not include petroleum, including crude oil or fraction thereof; natural gas; natural gas liquids; liquified natural gas; synthetic gas usable for fuel; or mixtures of natural gas and such synthetic gas."
Definition
SECTION 3. Section 44-56-20 of the 1976 Code is amended by adding a new item to read:
"(14) 'Response action' is any cleanup, containment, inspection, or closure of a site ordered by the Commissioner as necessary to remedy actual or potential damages to public health, the public welfare, or the environment."
Commissioner may take action
SECTION 4. Section 44-56-50 of the 1976 Code is amended to read:
"Section 44-56-50. Notwithstanding any other provision of this chapter, the Commissioner, upon receipt of information that the storage, transportation, treatment, or disposal of any waste may present an imminent and substantial hazard to the health of persons or to the environment, may take such action as he determines to be necessary to protect the health of persons or the environment. The action the Commissioner may take may include, but is not limited to:
1. Issuing an order directing the operator of the treatment, storage or disposal facility or site, or the custodian of the waste, which constitutes the hazard, to take such steps as are necessary to prevent the act or eliminate the practice which constitutes the hazard. Such action may include, with respect to a facility or site, permanent or temporary cessation of operation;
2. Requesting that the Attorney General commence an action enjoining such acts or practices. Upon a showing by the department that a person has engaged in such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted;
3. Issuing an order directing a response action by the Department to eliminate the hazard and protect the public from exposure to the hazard; and
4. Requesting the Attorney General to commence an action to recover the costs of the response action from all parties liable under state or federal law."
Permit
SECTION 5. Section 44-56-60 of the 1976 Code is amended to read:
"Section 44-56-60. (a) No person shall construct, substantially alter, or operate any hazardous waste treatment, storage, or disposal facility or site, nor shall any person transport, store, treat, or dispose of any hazardous waste without first obtaining a permit from the department for the facility, site, or activity. Beginning on July 1, 1985, permitted hazardous waste disposal sites are restricted to a rate of land disposal by burial not to exceed 135,000 tons of hazardous waste for each twelve-month period thereafter within the permitted area of the site. Provided, however, that the Commissioner may allow burial of waste in excess of that year's limitation, upon certification that disposal, by land burial from a particular site, is necessary to protect the health and safety of the people of this State.
Certification must be issued to the party seeking to use land disposal of the waste, and the certification must be presented to the operator of the facility at the time of disposal. The facility shall submit this certification with its regular report to the department of permitted activity at the disposal site.
(b) Any person who:
1. Owns or operates a facility required to have a permit under this section which facility is in existence on the effective date of this section; and
2. Has complied with the requirements of Section 44-56-120; and
3. Has made an application for a permit under this section is deemed to have been issued the permit until such time as final administrative disposition of each application is made by the department, unless final administrative disposition of each application has not been made because of the failure of the applicant to furnish information reasonably required or requested in order to process the application.
(c) Before issuance of a permit, 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."
Hazardous Waste Contingency Fund created
SECTION 6. Section 44-56-160 of the 1976 Code is amended to read:
"Section 44-56-160. The Department of Health and Environmental Control is authorized and directed to establish a Hazardous Waste Contingency Fund to ensure the availability of funds for response actions necessary at permitted hazardous waste landfills, and necessary from accidents in the transportation of hazardous materials, and to defray the costs of governmental response actions at uncontrolled hazardous waste sites. The Contingency Fund shall be financed through the imposition of fees provided in Sections 44-56-170 and 44-56-510, and annual appropriations which must be provided by the General Assembly. Provided, that an amount equal to $3.00 per ton for wastes reported under Section 44-56-170(A), $4.00 per ton for wastes reported under Section 44-56-170(E), $1.50 per ton for wastes reported under Section 44-56-510(1) and $2.00 per ton for wastes reported under Section 44-56-510(2), shall be held separate and distinct within the Fund for the purpose of response actions arising from the operation of permitted land disposal facilities in this State. Provided, further, from the fund created for permitted sites, an amount equal to $1.00 a ton for hazardous waste must be held separate and distinct within the Fund for the purpose of being returned to the governing body of a county in which a permitted commercial land disposal facility is located. The funds returned to a county must be used by the local law enforcement, fire, health care, and emergency units to provide protection, assistance, and emergency preparedness for any contingency which might arise from the transportation and disposal site within the county. The county governing body shall distribute the funds in an equitable manner to the involved local units including, but not limited to, municipalities and special purpose districts, as well as county entities. The State Treasurer shall disperse the funds annually to counties which contain commercial hazardous waste land disposal sites. Any interest accruing from the management of the funds held pursuant to this section must be credited to the Contingency Fund."
Report required
SECTION 7. Section 44-56-170 of the 1976 Code is amended to read:
"Section 44-56-170. (A) Each generator shall, no later than thirty days after the end of each calendar quarter, submit a written report to the Department including, but not limited to, the following information:
1. Effective October 1, 1985, certification that he has a program in place to reduce the volume or quantity and toxicity of such waste to the degree determined by the generator to be economically practicable; and
2. Effective October 1, 1985, certification that the proposed method of treatment, storage, or disposal is that practicable method currently available to the generator which minimizes the present and future threat to human health and the environment;
3. the types and quantities of hazardous wastes generated;
4. the types and quantities of these wastes shipped for treatment and disposal by landfilling or other means of land disposal;
5. the types and quantities of these wastes remaining in storage at the end of the reporting period; and
6. a check made payable to the Department for the amount of fee imposed on these wastes by the provisions of paragraph C.
(B) Each owner/operator of a hazardous waste facility shall, no later than thirty days after the end of each calendar quarter, submit a written report to the Department including, but not limited to the following information:
1. the types and quantities of hazardous wastes generated;
2. the types and quantities of hazardous wastes received at the facility during the reporting period;
3. the types and quantities of hazardous wastes treated, disposed of, and otherwise handled during the reporting period; and
4. a check made payable to the Department for the amount of fees imposed by paragraph C for any wastes generated by the facility and handled in such manner as prescribed by its provisions; by paragraph D; and by paragraph E.
Each owner/operator of a hazardous waste facility is, no later than thirty days after the end of each calendar quarter, required to submit to the Department certification from any out-of-state generator that effective October 1, 1985:
(1) The generator has a program in place to reduce the volume or quantity and toxicity of such waste to the degree determined by the generator to be economically practicable; and
(2) The proposed method of treatment, storage, or disposal is that practicable method currently available to the generator which minimizes the present and future threat to human health and the environment;
(C) There is hereby imposed a fee of $13.00 per ton of hazardous wastes generated and disposed of in this State by landfilling or other means of land disposal.
(D) There is hereby imposed a fee of $1.00 per ton of hazardous wastes in excess of 50 tons remaining in storage at the end of the reporting period.
(E) For all hazardous wastes generated outside of the State and received at a facility during the quarter each owner/operator of a hazardous waste land disposal facility shall remit to the Department an amount equal to the per ton fee imposed on out-of-state waste by the state from which the hazardous waste originated but in any event no less than $18.00 per ton."
Department to consider risk
SECTION 8. Section 44-56-180 of the 1976 Code is amended to read:
"Section 44-56-180. (a) In determining the use of the fund for a particular governmental response action, the Department shall consider the relative risk of danger to public health or welfare or the environment and the hazard potential of the substances involved including potential for fire, explosions, release of harmful air contaminants, direct human contact, contamination of surface water or groundwater including those used for drinking water supplies, and damages to sensitive ecosystems. The Department must, concurrent with taking a governmental response action, initiate the appropriate administrative action to exhaust any applicable liability insurance or other financial assurance mechanisms which have been provided by the responsible party and, where appropriate, funds available through P.L. 96-510. Use of the Fund for a response action is not stayed by any action for recovery. The Department must initiate any legal actions which may reasonably result in recovery from the parties liable for the conditions necessitating the response action. Any funds recovered in relation to a response action from whatever source are to be placed in the Fund.
(b) The Department shall annually make a report to the General Assembly on the activities and response actions that have been carried out under the auspices of the Contingency Fund. The Department shall annually provide a report to the committees of each House with oversight of industry and natural resources on its program to identify and clean up uncontrolled hazardous waste sites. The appropriate committees shall have the authority to study the transportation and disposal of hazardous waste in South Carolina."
Waste assessments
SECTION 9. Chapter 56, Title 44 of the 1976 Code is amended by adding:
"Article 5
Waste Assessments
Section 44-56-510. Any waste disposed of in a land disposal site permitted to receive hazardous waste for disposal and not assessed a fee under the provisions of Article 1 of this chapter must be assessed as follows:
(1) A fee of $5.00 per ton of wastes generated and disposed of in this State by landfilling or other means of land disposal.
(2) For all wastes generated outside of the State and received at a facility during the quarter, each owner/operator of a hazardous waste land disposal facility shall remit to the Department a fee of $7.50 per ton."
Time effective
SECTION 10. This act shall take effect upon approval by the Governor.