Current Status Introducing Body:Senate Bill Number:1327 Primary Sponsor:Williams Type of Legislation:GB Subject:Barnwell Hazardous Waste Facility Residing Body:House Computer Document Number:1327 Introduced Date:Feb 25, 1992 Date of Last Amendment:Apr 28, 1992 Last History Body:House Last History Date:May 20, 1992 Last History Type:Objection by Representative Scope of Legislation:Statewide All Sponsors:Williams Type of Legislation:General Bill
Bill Body Date Action Description CMN
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1327 House May 20, 1992 Objection by Representative
1327 House May 12, 1992 Recalled from Committee 20
1327 House Apr 29, 1992 Introduced, read first time, 20
referred to Committee
1327 Senate Apr 28, 1992 Amended, read third time,
sent to House
1327 Senate Apr 23, 1992 Made Special Order
1327 Senate Apr 22, 1992 Amended, read second time,
ordered to third reading with
notice of general amendments
1327 Senate Apr 15, 1992 Made Special Order
1327 Senate Apr 06, 1992 Committee Report: majority 12
favorable, with amendment,
minority unfavorable
1327 Senate Feb 25, 1992 Introduced, read first time, 12
referred to Committee
View additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
RECALLED
May 12, 1992
S. 1327
S. Printed 5/12/92--H.
Read the first time April 29, 1992.
1. Estimated Cost to State-First Year $-0-
2. Estimated Cost to State-Annually
Thereafter $-0-
S. 1327 would extend the operation of the Barnwell Low-Level Nuclear Waste Storage site, managed and operated by a private corporation, until December 31, 1996 (originally scheduled to close on December 31, 1992). While this Bill, as amended on second reading by the Senate, might generate additional expenditures for the operation of the site, these expenditures are the responsibility of the private corporate operator and not the responsibility of the State or derived from its General Fund. Therefore, this legislation would not have any impact (as an expenditure) on the State's General Fund. Duties outlined in the Bill relative to the Department of Health and Environmental Control and the State Treasurer are a part of ongoing duties, and do not generate any additional costs. The South Carolina Tax Commission should be consulted pursuant to the provisions of Section 2-7-71 for a statement of revenues generated.
Approved By:
George N. Dorn, Jr.
State Budget Division
1. Estimated Additional Revenue to State--1st Year $37,800,000
S. 1327 would extend the operation of the Barnwell Low-Level Nuclear Waste storage site managed and operated by a private corporation until December 31, 1996 (originally scheduled to close on December 31, 1992). As amended by the Senate on second reading, the Bill would increase the fees on the storage of out-of-state, out-of-compact depositors from $40 per cubic foot to $160 per cubic foot. Fees for out-of-state, in-compact depositors would be raised from $34 to $40 per cubic foot. In-state waste would continue to be billed at $6.00 per cubic foot. Estimated volume for fiscal year 1992/1993 is:
Out-of-Compact: 576,350 cubic feet
In-Compact: 328,650 cubic feet
In-State: 45,000 cubic feet
If these estimates for volume are correct, total additional revenues (new dollars) for the General Fund in fiscal year 1992/1993 will total $37,800,000.00.
Approved By:
Gary Turner
S.C. Tax Commission
TO AMEND SECTION 48-48-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITS ON THE AMOUNT OF WASTE WHICH MAY BE DISPOSED OF AT THE BARNWELL FACILITY, TO EXTEND THE LIMIT ON THE AMOUNT OF WASTE WHICH MAY BE DISPOSED OF AT THE BARNWELL FACILITY TO TWELVE MILLION CUBIC FEET THROUGH JANUARY 1, 1996, NOT TO EXCEED ONE MILLION, TWO HUNDRED THOUSAND CUBIC FEET OF WASTE FOR A CALENDAR YEAR; TO AMEND SECTION 48-48-80, RELATING TO LEGISLATIVE AUTHORIZATION FOR CONTINUED OPERATION OF THE LOW-LEVEL WASTE DISPOSAL FACILITY LOCATED NEAR BARNWELL, SOUTH CAROLINA, SO AS TO AUTHORIZE THAT FACILITY TO CONTINUE TO SERVE AS THE REGIONAL DISPOSAL FACILITY FOR THE SOUTHEAST REGION UNTIL JANUARY 1, 1996; TO AMEND SECTION 48-48-90, RELATING TO THE CARRY-FORWARD OF UNUSED ANNUALIZED SITE CAPACITY, SO AS TO EXTEND THE CARRY-FORWARD PROVISION TO DECEMBER 31, 1995; TO AMEND SECTION 48-47-30(10), RELATING TO THE DEFINITION OF "REGIONAL FACILITY" IN THE SOUTHEAST COMPACT, SO AS TO CHANGE THAT DEFINITION TO AUTHORIZE THE BARNWELL FACILITY TO REMAIN THE REGIONAL FACILITY UNTIL JANUARY 1, 1996; AND TO DIRECT THE SOUTH CAROLINA REPRESENTATIVES TO THE SOUTHEAST COMPACT COMMISSION TO INITIATE NEGOTIATIONS BETWEEN THE COMPACT COMMISSION AND THE STATE OF NORTH CAROLINA REGARDING CONDITIONS AND SANCTIONS FOR ACCESS TO THE BARNWELL FACILITY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 48-47-30(10) of the 1976 Code is amended to read:
"10. `Regional facility' means (1) a facility as defined in this article which has been designated, authorized, accepted, or approved by the commission to receive waste or (2) the disposal facility in Barnwell County, South Carolina, owned by the State of South Carolina and as licensed for the burial of low-level radioactive waste on July 1, 1982, but in no event shall this disposal facility serve as a regional facility beyond December 31, 1992, January 1, 1996."
SECTION 2. Section 48-48-30 of the 1976 Code is amended to read:
"(A) The regional disposal facility located at Barnwell may accept not more than eight ten million, four hundred thousand cubic feet of low-level radioactive waste during the seven-year period beginning January 1, 1986, and ending December 31, 1992 January 1, 1996. For the duration of the period beginning January 1, 1986, and ending December 31, 1992, the The facility shall accept no waste from out of the region if receipt of such waste would result in disposal in excess of one million two hundred thousand cubic feet of waste for a calendar year, except under the provisions of Sections 5 and 6 of P.L. 99-240 or as otherwise provided in this chapter.
(B) If in any calendar year the provisions of Section 5, "Limited Availability of Certain Regional Disposal Facilities During Transition and Licensing Periods", subpart a(3)(B) of P. L. 99-240 are invoked then the facility shall increase the burial limit in that year in increments of ten percent but the increases shall not result in burial in excess of the eight million, four hundred thousand cubic feet through December 31, 1992, except as provided by law.
(C) If in any calendar year the provisions of Section 6, "Emergency Access", of P. L. 99-240, are invoked then the facility shall increase the yearly burial limit as required pursuant to certification of the Nuclear Regulatory Commission. Increases in the yearly burial limit under Section 6 of P. L. 99-240 shall not be greater than one hundred twenty percent of the burial rate of the previous year nor shall the increases result in burial in excess of the eight million, four hundred thousand cubic feet through December 31, 1992, except as provided by law."
SECTION 3. Section 48-48-80 of the 1976 Code is amended to read:
"Section 48-48-80. (A) Beginning no later than January 1, 1993 1996, the disposal facility located at Barnwell shall cease to accept radioactive waste from outside the borders of the State notwithstanding any provision to the contrary herein or hereinafter contained and to serve as the regional disposal facility for the Southeast Regional Compact. Further operation of the facility beyond January 1, 1993, must be specifically authorized by the General Assembly is subject to the conditions provided in this section. Within one year prior to closure, When the site ceases to accept waste from outside the State the department shall evaluate the remaining capacity of the site and recommend to the General Assembly the need and use of any remaining disposal capacity of the site. In accordance with Section 13-7-30 of the 1976 Code, the State Budget and Control Board, or its designee, is responsible for extended custody and maintenance of the Barnwell site following closure and license transfer from the facility operator. The department is responsible for continued site monitoring.
(B) The Barnwell site shall continue to serve as the disposal facility for the Southeast Interstate Low-Level Radioactive Waste Management Compact until January 1, 1996, subject to the following conditions:
(1) The site must cease serving as a facility for the compact if North Carolina has a permanent or temporary site ready to receive the region's waste before January 1, 1996.
(2) North Carolina and the compact commission must establish prior to December 31, 1993, a reference guideline as provided in the Southeast Interstate Low-Level Radioactive Waste Management Compact which precludes the siting of any new low-level waste storage or disposal facility within ten miles of a neighboring state.
(3) North Carolina must not site a low-level waste storage or disposal facility at a location which will pose a threat to human health, the environment, or water resources in contiguous states.
(C) The failure of North Carolina or the compact commission to satisfy any one of the conditions set forth in subsection (B) 2 or (B) 3 will result in the following:
(1) The Barnwell site must immediately cease to accept low-level waste generated in North Carolina.
(2) If either of the conditions set forth in (B) 2 or (B) 3 are not met, then the facility must cease to accept waste from outside the State as of June 30, 1994. The South Carolina Department of Health and Environmental Control shall make determinations whether the conditions set forth herein are satisfied and report its findings to the President of the Senate, the Speaker of the House, and the Governor.
(D) As a further condition of the continued operation of the Barnwell site as a regional low-level radioactive waste disposal site until January 1, 1996, the State of North Carolina must comply with the following milestones:
(1) The State of North Carolina must submit a completed regional disposal facility license application to all appropriate government agencies prior to December 31, 1993.
(2) A regional disposal facility operating license must be approved by all appropriate government agencies prior to March 15, 1995.
(E) The State of North Carolina shall notify the Southeast compact commission and the South Carolina Department of Health and Environmental Control on each milestone date as to whether the milestone has been accomplished, and the compact commission shall so certify. The South Carolina Department of Health and Environmental Control shall certify whether or not the milestones have been met and report its finding to the President of the Senate, the Speaker of the House, and the Governor. If any milestone is not accomplished, payment from a fund established by the commission, and funded by a surcharge imposed prior to December 31, 1992, on generators of low-level waste within the Southeast region other than generators located in this State, in the amount of five million dollars must be made to the State of South Carolina.
The failure of North Carolina or the Southeast compact commission to satisfy any one of the milestones by the prescribed dates shall require the Barnwell site to cease to operate one year from the date that the milestone was to be met.
(F) As a further condition beginning January 1, 1993, the Southeast compact commission shall not approve any agreements allowing acceptance of non-region waste unless such agreements provide for the assessment of a fee equal to or greater than one hundred sixty dollars per cubic foot."
SECTION 4. Section 48-48-90 of the 1976 Code is amended to read:
"Section 48-48-90. The site operator may carry forward to any subsequent year unused annual site capacity up to two hundred thousand cubic feet whenever the site does not receive as much as one million, two hundred thousand cubic feet in a calendar year. In no calendar year may this carry-forward be used by the site operator to accept for disposal or storage an amount of waste in excess of one million, four hundred thousand cubic feet by operation of this or any other section. The use of this carry-forward of unused annualized site capacity may not result in disposal or storage of waste in excess of eight ten million, four hundred thousand cubic feet of waste prior to December 31, 1992 1995.
No carry-forward of site capacity may be used after December 31, 1992 1995."
SECTION 5. In no event shall any appropriation of general funds by the State of South Carolina be expended to offset any deficits incurred by the State of North Carolina in the siting and building of a low-level radioactive waste facility.
SECTION 6. If the State of North Carolina issues a permit for a hazardous waste or solid waste facility at a site located within one mile of the border of a neighboring state after the effective date of the act, low-level waste generated outside of the State of South Carolina may not be disposed at the low-level radioactive waste facility located at Barnwell after the date of issuance of the permit by the State of North Carolina or January 1, 1993, whichever date is later.
SECTION 7. This act takes effect upon approval of the Governor.