2009-2010 Bill 1325: Waste Facilities - South Carolina Legislature Online

1 South Carolina General Assembly 2 118th Session, 2009-2010 3 4 S. 1325 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Senators Coleman, Scott, Hutto, Fair, Thomas and Matthews 10 Document Path: l:\council\bills\nbd\12075ac10.docx 11 12 Introduced in the Senate on March 25, 2010 13 Currently residing in the Senate Committee on Medical Affairs 14 15 Summary: Waste facilities 16 17 18 HISTORY OF LEGISLATIVE ACTIONS 19 20 Date Body Action Description with journal page number 21 3/25/2010 Senate Introduced and read first time SJ8 22 3/25/2010 Senate Referred to Committee on Medical Affairs SJ8 23 24 25 VERSIONS OF THIS BILL 26 27 3/26/2010 28 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND SECTION 449640, CODE OF LAWS OF SOUTH 12 CAROLINA, 1976, RELATING TO THE DEFINITION OF 13 TERMS USED IN THE “SOUTH CAROLINA SOLID WASTE 14 POLICY AND MANAGEMENT ACT OF 1991”, SO AS TO 15 REVISE THE DEFINITION OF “SOLID WASTE 16 MANAGEMENT FACILITY” TO EXEMPT A WASTE TO 17 ENERGY FACILITY FROM THIS DEFINITION AND TO 18 DEFINE “WASTE TO ENERGY FACILITY”; AND BY 19 ADDING SECTION 4496345 SO AS TO PROVIDE THAT 20 THESE FACILITIES WITH A DAILY CAPACITY IN EXCESS 21 OF SIX HUNDRED TONS MAY NOT BE PERMITTED, TO 22 PROVIDE AN EXCEPTION, AND TO PROVIDE OTHER 23 APPLICATION, PERMITTING, SITING, FACILITY DESIGN, 24 AND OPERATIONAL REQUIREMENTS. 25 26 Be it enacted by the General Assembly of the State of South 27 Carolina: 28 29 SECTION 1. Section 449640(49) of the 1976 Code is amended to 30 read: 31 32 “(49) ‘Solid waste management facility’ means any a solid 33 waste disposal area, volume reduction plant, transfer station, or 34 other facility, the purpose of which is the storage, collection, 35 transportation, treatment, utilization, processing, recycling, or 36 disposal, or any combination thereof of these purposes, of solid 37 waste. The term does not include a recovered materials processing 38 facility, a waste to energy facility, or facilities which that use or 39 ship recovered materials, except that portion of the facilities which 40 is managing a facility that manages solid waste.” 41

[1325] 2 1 SECTION 2. Section 449640(72) through (74) of the 1976 Code 2 is amended to read: 3 4 “(72) ‘Waste to energy facility’ is defined as a facility that uses 5 municipal solid waste and nonhazardous solid waste as a fuel 6 source and generates at least 0.5 megawatt hours (net electric) per 7 ton of waste or the steam equivalent of daily waste throughput, or 8 an equivalent efficiency as determined by the department. 9 (73) ‘Waters of the State’ means lakes, bays, sounds, ponds, 10 impounding reservoirs, springs, wells, rivers, streams, creeks, 11 estuaries, marshes, inlets, canals, the Atlantic Ocean within the 12 territorial limits, and all other bodies of surface or underground 13 water, natural or artificial, public or private, inland or coastal, fresh 14 or salt, which are wholly or partially within or bordering the State 15 or within its jurisdiction. 16 (73)(74) ‘White goods’ include refrigerators, ranges, water 17 heaters, freezers, dishwashers, trash compactors, washers, dryers, 18 air conditioners, and commercial large appliances. 19 (74)(75) ‘Yard trash’ means solid waste consisting solely of 20 vegetative matter resulting from landscaping maintenance.” 21 22 SECTION 3. Article 2, Chapter 96, Title 44 of the 1976 Code is 23 amended by adding: 24 25 “Section 4496345. (A) Notwithstanding any other provision of 26 law or regulation, no waste to energy facility with a daily capacity 27 in excess of six hundred tons may be permitted within the State, 28 except for a waste to energy facility that obtains tonnage in excess 29 of six hundred tons per day from an existing Class 3 landfill, waste 30 to energy facility, or solid waste incinerator. Any Class 3 landfill, 31 waste to energy facility, or solid waste incinerator relinquishing 32 tonnage may only receive a tonnage increase five years after the 33 date of reducing tonnage if all other requirements for tonnage 34 increases are met. No waste to energy facility with a daily capacity 35 in excess of one hundred tons may be permitted to be sited within 36 seventyfive miles of another waste to energy facility. 37 (B) The department may promulgate, in addition to regulations 38 generally applicable to all solid waste management facilities, 39 regulations governing the siting, design, construction, operation, 40 closure, and postclosure activities of all waste to energy facilities, 41 other than facilities specifically regulated under other provisions of 42 this article or other applicable provisions of law. The department

[1325] 3 1 may, by regulation, exempt certain facilities from all or part of the 2 requirements of this section. 3 (C) In issuing a permit for a waste to energy facility, the 4 department may apply any provision of R. 61107.12 not 5 inconsistent with this section with regard to the following 6 requirements: 7 (1) the submission by the permit applicant of the following 8 documents: 9 (a) an engineering report including, but not limited to, a 10 description of the facility, the process and equipment to be used, 11 the proposed service area, the types and quantities of wastes to be 12 treated, and storage of waste; 13 (b) engineering plans and specifications including, but not 14 limited to, a description of the process equipment specifications, 15 instrumentation and control diagrams, and performance 16 specifications for all major equipment and control centers; 17 (c) a personnel training program; 18 (d) an ash management plan including, but not limited to, 19 an identification of the facility approved by the department that 20 will receive the residue and a certification that the facility will 21 have adequate capacity to handle the residue; 22 (e) an air quality monitoring plan; 23 (f) a description of the manner in which waste waters, if 24 any, from the facility will be managed; 25 (g) a quality assurance and quality control report; 26 (h) a contingency plan describing a technically and 27 financially feasible course of action to be taken in response to 28 contingencies which may occur during construction and operation 29 of the facility; 30 (i) an operation plan describing how the facility will meet 31 all applicable regulatory requirements; 32 (j) a draft operation and maintenance manual; and 33 (k) a closure plan; 34 (2) locational criteria; however, the department shall grant 35 exemptions from this criteria upon a demonstration by the permit 36 applicant of circumstances that warrant an exemption; 37 (3) facility design and operational requirements including, 38 but not limited to, access controls, recordkeeping and reporting 39 requirements, receipt and handling of solid waste, process changes, 40 emergency preparedness, and guidelines for identifying items or 41 materials that should be removed prior to incineration; 42 (4) air and water quality monitoring requirements; 43 (5) closure and postclosure requirements;

[1325] 4 1 (6) financial responsibility requirements; 2 (7) personnel training requirements; 3 (8) ash residue requirements including, but not limited to, 4 testing requirements and procedures, the contents of an ash 5 management plan, handling, storage, reuse or recycling, 6 transportation, and disposal of the ash; and 7 (9) corrective action requirements. 8 (D) The developer of a waste to energy facility shall before 9 beginning operations enter into an agreement with the county 10 where the facility is sited. The agreement must address water use, 11 sources of waste, infrastructure improvements, emergency 12 services, traffic patterns, and local recycling. The agreement also 13 may address architectural design, landscaping, and noise 14 limitations.” 15 16 SECTION 4. This act takes effect upon approval by the 17 Governor. 18 XX 19

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