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Bill 4261

                    Current Status

Bill Number:                      4261
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010606
Primary Sponsor:                  Bowers
All Sponsors:                     Bowers
Drafted Document Number:          l:\council\bills\bbm\10441htc01.doc
Residing Body:                    House
Current Committee:                Agriculture, Natural Resources and 
                                  Environmental Affairs Com 20 HANR
Subject:                          Flag designed by DHEC to fly at entrance 
                                  of infectious waste incineration facility if 
                                  violating laws; Hazardous Waste


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20010606  Introduced, read first time,           20 HANR
                  referred to Committee


              Versions of This Bill

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-93-185 SO AS TO REQUIRE A FLAG DESIGNED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO BE FLOWN FROM A SEPARATE THIRTY-FOOT FLAGPOLE LOCATED AT THE MAIN ENTRANCE OF A COMMERCIAL INFECTIOUS WASTE INCINERATION FACILITY DURING ANY PERIOD THE FACILITY ON-SITE HEALTH INSPECTOR DETERMINES THE FACILITY IS OPERATING IN VIOLATION OF ANY APPLICABLE STATE LAW OR REGULATION GOVERNING THE OPERATION OF THE FACILITY AND TO REQUIRE THE FLAG TO BE FLOWN CONTINUOUSLY UNTIL THE INSPECTOR CERTIFIES THAT THE FACILITY IS IN COMPLIANCE, TO PROVIDE THAT THESE FLAG DETERMINATIONS ARE NOT DEPARTMENTAL DETERMINATIONS OF COMPLIANCE, AND TO PROVIDE THAT FAILURE TO FLY THE FLAG AS REQUIRED IS GROUNDS FOR IMMEDIATE SUSPENSION OF THE FACILITY'S OPERATING PERMIT.

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

SECTION    1.    Chapter 93, Title 44 of the 1976 Code is amended by adding:

    "Section 44-93-185.    If a commercial infectious waste incineration facility is operating in violation of a state law or regulation governing the operation of such facilities, a flag designed by the Department of Health and Environmental Control must be raised and flown on a separate thirty-foot flagpole located at the main entrance of the facility. The on-site health inspector employed by the department shall make a daily determination as to the compliance status for purposes of this flag. This flag must be flown continuously until the health inspector determines that the facility is in full compliance with state law and regulation. Determination of compliance for purposes of the flag are not determinations by the department with respect to compliance and enforcement. The expenses of the flag and flagpole, and maintenance of these items is the responsibility of the facility's operating permit holder. Failure to fly the flag as required is grounds for immediate suspension of the facility's operating permit."

SECTION    2.    This act takes effect upon approval by the Governor.

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