Agriculture, Natural Resources and Environmental Affairs

Representative Charles R. Sharpe
Chairman

W. Van Hegler
Director of Research

Kathryn Edwards
Executive Secretary

In an effort to address the problem of contaminated dry cleaning sites, the General Assembly enacted legislation to establish a cleanup fund and an insurance pool to be used to defray the cost of remediation or cleanup. Dry cleaners, wholesale suppliers, and uniform rental and linen supply companies that have operated as dry cleaning facilities are solely responsible for contributing the resources to establish and administer the Fund.

Participation in the fund can be optional, depending on the type of cleaning solvent used by the facility. An annual registration fee will be charged each facility based on their number of employees. Additionally, there will be a surcharge on each gallon of solvent used by the facility ($10 per gallon of perchloroethylene, and $2 per gallon of standard solvent).

In an effort to increase participation in the fund, a deductible system is established to encourage dry cleaners to test their sites as soon as possible for contamination. The earlier the site is tested and is granted eligibility to the fund, the lower the deductible will be.

In the event that the fund is ever deemed insolvent by the State Treasurer, there then would be a 5 percent surcharge placed on all gross sales for a minimum of 1 year. This surcharge would be reviewed annually by the State Treasurer to determine its need. Also, individual owners and operators would be required to pay for their own individual cleanup if the fund runs a deficit and the Department of Health and Environmental Control (DHEC) determines that the site is an emergency. However, once the fund becomes solvent again, the individual owners would be reimbursed for those costs that were preapproved by DHEC.

Signed June 12, 1995.

As introduced, this bill would have granted local schools the authority to preempt current law and make public schools smoke free. The committee amended the bill to further provide that if smoking is allowed in teacher's lounges and private offices, then those lounges and offices may not be located adjacent to classrooms or libraries.

Additionally, language was adopted that would (1) allow a governmental entity to make its buildings smoke free (current law exempts private offices and designated smoking areas), and (2) bring South Carolina into compliance with the requirements of the Federal Alcohol, Drug Abuse and Mental Health Act of 1992 (ADAMHA). Adoption of (2) will enable the state to establish a plan to enforce its prohibition against the sale of tobacco products to under age persons.

Finally, in an effort to ensure that the state does not have a large number of diverse smoking ordinances, local governments are prohibited from establishing smoking policies other than in its own governmental buildings. However, those governments which have had a non-smoking policy in effect prior to August 1, 1990 are exempt from this prohibition.

Status: Pending on the Senate Contested Calendar.

In an effort to make the operation of personal watercraft safer and to reduce the number of complaints resulting from the negligent operation of these watercraft, the House passed legislation which would require that:

1. all operators wear a personal flotation device;
2. watercraft be equipped with lights if operated at night;
3. watercraft be equipped with a cutoff switch or self-circling device;
4. no person operate a watercraft in excess of the no wake speed within twenty-five feet of a moored vessel, or pier, or within fifty feet of a person in the water;
5. no operator disturb any wildlife;
6. no one tow anyone on a floating device unless the watercraft is equipped with a mirror;
7. no one operate the watercraft in a reckless manner; and
8. no one jump the wake of another vessel within fifty feet of that vessel.

The bill also grants exemptions for law enforcement, military, emergency, medical, research personnel, and activities on private waters.

Status: Pending in the Senate Fish, Game and Forestry Committee.

South Carolina currently has no uniform statewide law governing the location of agriculture facilities. H.3446 was passed by the House in an effort to balance the interests of local neighborhoods against one's right to farm. A uniform statewide law would also be more appealing for any agribusiness seeking to operate in more than one county. The concept behind this right to farm bill is simple: Minimum guidelines for the location of the facilities are established by statute; if these guidelines are met, along with the requirements of any state of federal permits, then no operating permit for any facility in an area without zoning or zoned for agricultural uses may be suspended, denied or revoked by a local ordinance.

Status: Pending on the Senate Contested Calendar.

Under current law, hazardous waste management facilities are required to post financial assurance in an amount deemed sufficient by DHEC to cover the costs of cleanup and environmental restoration in case of an accident. This bill would allow the regulated entities to choose the type of financial instrument in which to post the financial assurance. The choices of financial instruments are as follows:

1. standby trust fund
2. surety bond
3. letter of credit
4. insurance
5. corporate guarantee

This bill prohibits spent nuclear fuel or high-level radioactive waste destined for storage in South Carolina from being transported into this State until an environmental impact statement has been prepared and DHEC has certified that the transport and storage of the waste in South Carolina pose no significant risk to health and safety.

Status: Pending in the House Agriculture, Natural Resources and Environmental Affairs Committee.

The rapidly increasing number of environmental regulations in recent years has made it more difficult for businesses to identify and comply with these regulations. In an effort to identify their compliance requirements, companies often conduct environmental self audits. A thorough self-audit will discover regulatory compliance, regulatory violations and provide for correction of the violations. However, because the results of these audits are sometimes sought by government agencies and third parties, companies are becoming more reluctant to conduct an audit.

This bill is designed to encourage self-audits and increased compliance by prohibiting environmental audit reports, except in limited circumstances, from being used in legal proceedings against the company. However, the company is not excused from reporting its findings or from taking immediate steps to reach compliance. The bill also provides limited immunity for voluntary disclosure of an environmental compliance violation to the appropriate governmental entities. In order for the immunity to apply, the following requirements must be met:

1. the disclosure must be voluntary;
2. the disclosure must be made within 14 days following a reasonable investigation of the violation(s);
3. an action has been initiated to correct the violation in a diligent manner; and
4. the company cooperates with the agency.

Current laws require the Department of Natural Resources, when filling an enforcement officer vacancy in a particular county, to hire those applicants, if any, who meet the minimum requirements and who reside within that particular county. This bill would allow for a better qualified pool of applicants by permitting the Department to hire from a statewide pool, rather than solely from those applicants residing inside the county where a particular vacancy exists. However, if the officer does not reside in county or within 15 miles of the county for which he is employed, he must move to the county or within 15 miles of the county at his expense within three months of employment.

Status: Pending on the House Contested Calendar.