Atlantic Interstate
Low-Level Radioactive Waste Compact Implementation Act signed
by Governor Hodges onJune 6,
2000
|
| 1 |
NOTE:
THIS COPY IS A TEMPORARY VERSION. THIS IS |
| 2 |
NOT
THE FINAL VERSION AND IS FOR INFORMATION PURPOSES
ONLY. |
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|
| 4 |
(R376,
S1129) |
| 5 |
|
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AN
ACT TO ENACT THE “ATLANTIC INTERSTATE |
| 7 |
LOW-LEVEL
RADIOACTIVE WASTE COMPACT |
| 8 |
IMPLEMENTATION
ACT” INCLUDING PROVISIONS TO |
| 9 |
AMEND
TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, |
| 10 |
1976,
BY ADDING CHAPTER 46, SO AS TO PROVIDE A |
| 11 |
STATUTORY
BASIS FOR SOUTH CAROLINA’S |
| 12 |
MEMBERSHIP
IN THE ATLANTIC LOW-LEVEL |
| 13 |
RADIOACTIVE
WASTE COMPACT; TO SPECIFY |
| 14 |
CONDITIONS
PRECEDENT TO SOUTH CAROLINA’S |
| 15 |
MEMBERSHIP;
TO AUTHORIZE AND PROVIDE |
| 16 |
PROCEDURES
AND POLICIES NECESSARY TO ACHIEVE |
| 17 |
STATE
OBJECTIVES WITH RESPECT TO THE COMPACT, |
| 18 |
INCLUDING
STATE APPROVAL OF DISPOSAL RATES AND |
| 19 |
PROCEDURES
FOR IDENTIFYING ALLOWABLE |
| 20 |
OPERATING
COSTS SO AS TO DETERMINE REVENUES |
| 21 |
DUE
TO THE STATE FOR LOW-LEVEL RADIOACTIVE |
| 22 |
WASTE
DISPOSAL; TO PROVIDE FOR THE APPOINTMENT |
| 23 |
OF
THE STATE’S COMMISSIONERS TO THE COMPACT |
| 24 |
COMMISSION
AND TO PROVIDE POLICIES APPLICABLE |
| 25 |
TO
VOTING BY THE COMMISSIONERS; TO INCORPORATE |
| 26 |
BY
REFERENCE THE NORTHEAST INTERSTATE |
| 27 |
LOW-LEVEL
RADIOACTIVE WASTE MANAGEMENT |
| 28 |
COMPACT
INTO THIS ACT; TO AMEND SECTION 13-7-10, |
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AS
AMENDED, RELATING TO DEFINITIONS USED IN THE |
| 30 |
ATOMIC
ENERGY AND RADIATION CONTROL ACT SO AS |
| 31 |
TO
DEFINE ADDITIONAL TERMS; TO AMEND SECTION |
| 32 |
13-7-30,
AS AMENDED, RELATING TO VARIOUS DUTIES OF |
| 33 |
THE
BUDGET AND CONTROL BOARD INCLUDING DUTIES |
| 34 |
PERTAINING
TO ASSESSMENTS, SURCHARGES, AND |
| 35 |
PENALTY
CHARGES ON NONSITED WASTE RECEIVED AT |
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THE
REGIONAL DISPOSAL FACILITY SO AS TO DELETE |
| 37 |
THESE
PROVISIONS; TO REPEAL, EFFECTIVE JULY 1, 2000, |
| 38 |
CERTAIN
PROVISIONS OF SECTION 48-48-140, RELATING |
| 39 |
TO
THE IMPOSITION AND DISTRIBUTION OF TAXES ON |
| 40 |
LOW-LEVEL
RADIOACTIVE WASTE DISPOSAL AND TO |
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REPEAL
THE REMAINING PROVISIONS OF CHAPTER 48, |
| 42 |
TITLE
48, RELATING TO THE MANAGEMENT AND |
| 43 |
DISPOSAL
OF LOW-LEVEL RADIOACTIVE WASTE, |
|
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EFFECTIVE
UPON THE STATE JOINING THE NORTHEAST |
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INTERSTATE
LOW-LEVEL RADIOACTIVE WASTE |
| 3 |
MANAGEMENT
COMPACT AND TO FURTHER PROVIDE |
| 4 |
THAT
SECTION 48-48-140 MUST BE REINSTATED OCTOBER |
| 5 |
1,
2000, IF THE STATE HAS NOT BECOME A MEMBER OF |
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THE
COMPACT; TO AMEND ARTICLE 9, CHAPTER 7, |
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TITLE
13, RELATING TO THE GOVERNOR’S NUCLEAR |
| 8 |
ADVISORY
COUNCIL, SO AS TO REQUIRE THE COUNCIL |
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TO
ADVISE THE GOVERNOR ON MATTERS RELATING TO |
| 10 |
THE
ATLANTIC COMPACT, TO INCREASE THE COUNCIL |
| 11 |
FROM
FIVE TO NINE MEMBERS, AND TO DIRECT THAT |
| 12 |
SUPPORT
STAFF MUST BE PROVIDED BY THE STATE |
| 13 |
ENERGY
OFFICE; AND TO REPEAL THIS ACT IF THE |
| 14 |
STATE
DOES NOT BECOME A MEMBER OF THE COMPACT |
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BY
OCTOBER 1, 2000. |
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|
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Be
it enacted by the General Assembly of the State of
South Carolina: |
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|
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Atlantic
Compact |
| 20 |
|
| 21 |
SECTION
1. Title 48 of the 1976 Code is amended by adding:
|
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|
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“CHAPTER
46 |
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|
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Atlantic
Interstate Low-Level Radioactive Waste Compact |
| 26 |
|
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Implementation
Act |
| 28 |
|
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Section
48-46-10. This chapter may be cited as the ‘Atlantic
|
| 30 |
Interstate
Low-Level Radioactive Waste Compact Implementation
|
| 31 |
Act’.
|
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|
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Section
48-46-20. The purpose of this act is to establish
South |
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Carolina
as a member of the Atlantic Low-Level Radioactive
Waste |
| 35 |
Compact,
known in federal statute as the ‘Northeast Interstate
|
| 36 |
Low-Level
Radioactive Waste Management Compact’ and to
authorize |
| 37 |
and
direct specific processes and procedures that are
necessary to |
| 38 |
implement
South Carolina’s responsibilities in the compact.
|
| 39 |
|
| 40 |
Section
48-46-30. As used in this chapter, unless the context
clearly |
| 41 |
requires
a different construction: |
| 42 |
(1)
‘Allowable costs’ means costs to a disposal
site operator of |
| 43 |
operating
a regional disposal facility. These costs are limited
to costs |
|
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determined
by standard accounting practices and regulatory findings
to |
| 2 |
be
associated with facility operations. |
| 3 |
(2)
‘Atlantic Compact’ means the Northeast Interstate
Low-Level |
| 4 |
Radioactive
Waste Management Compact as defined in the ‘Omnibus
|
| 5 |
Low-Level
Radioactive Waste Compact Consent Act of 1985’,
Public |
| 6 |
Law
99-240, Title II. Use of the term ‘Atlantic Compact’
does not |
| 7 |
change
in any way the substance of and is to be considered
identical to |
| 8 |
the
Northeast Interstate Low-Level Radioactive Waste Management
|
| 9 |
Compact.
|
| 10 |
(3)
‘Atlantic Compact Commission’ or ‘compact
commission’ |
| 11 |
means
the governing body of the Atlantic Compact, consisting
of |
| 12 |
voting
members appointed by the governors of Connecticut,
New |
| 13 |
Jersey,
and South Carolina. |
| 14 |
(4)
‘Board’ means the South Carolina Budget
and Control Board or |
| 15 |
its
designated official. |
| 16 |
(5)
‘Decommissioning trust fund’ means the trust
fund established |
| 17 |
pursuant
to a Trust Agreement dated March 4, 1981, among |
| 18 |
Chem-Nuclear
Systems, Inc. (grantor), the South Carolina Budget
and |
| 19 |
Control
Board (beneficiary), and the South Carolina State
Treasurer |
| 20 |
(trustee),
whose purpose is to assure adequate funding for |
| 21 |
decommissioning
of the disposal site, or any successor fund with a
|
| 22 |
similar
purpose. |
| 23 |
(6)
‘Disposal rates’ means the price paid by
customers of a regional |
| 24 |
disposal
facility for disposal of waste, including any price
schedule or |
| 25 |
breakdown
of the price into discrete elements or cost components.
|
| 26 |
(7)
‘Extended care maintenance fund’ means the
‘escrow fund for |
| 27 |
perpetual
care’ that is used for custodial, surveillance,
and maintenance |
| 28 |
costs
during the period of institutional control and any
post-closure |
| 29 |
observation
period specified by the Department of Health and |
| 30 |
Environmental
Control and for activities associated with closure
of the |
| 31 |
site
as provided for in Section 13-7-30(4). |
| 32 |
(8)
‘Facility operator’ means a public or private
organization, |
| 33 |
corporation,
or agency that operates a regional disposal facility
in South |
| 34 |
Carolina.
|
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(9)
‘Generator’ means a person, organization,
institution, private |
| 36 |
corporation,
and government agency that produces Class A, B, or
C |
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radioactive
waste. |
| 38 |
(10)
‘Maintenance’ means active maintenance activities
as specified |
| 39 |
by
the Department of Health and Environmental Control,
including |
| 40 |
pumping
and treatment of groundwater and the repair and replacement
|
| 41 |
of
disposal unit covers. |
| 42 |
(11)
‘Nonregional generator’ means a waste generator
who produces |
| 43 |
waste
within a state that is not a member of the Atlantic
Compact, |
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whether
or not this waste is sent to facilities located within
the Atlantic |
| 2 |
Compact
region for purposes of consolidation, treatment, or
processing |
| 3 |
for
disposal. |
| 4 |
(12)
‘Nonregional waste’ means waste produced
by a nonregional |
| 5 |
generator.
|
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(13)
‘Person’ means an individual, corporation,
business enterprise, |
| 7 |
or
other legal entity, either public or private, and
expressly includes |
| 8 |
states.
|
| 9 |
(14)
‘Price schedule’ means disposal rates. |
| 10 |
(15)
‘PSC’ means the South Carolina Public Service
Commission. |
| 11 |
(16)
‘Receipts’ means the total amount of money
collected by the |
| 12 |
site
operator for waste disposal over a given period of
time. |
| 13 |
(17)
‘Regional disposal facility’ means a disposal
facility that has |
| 14 |
been
designated or accepted by the Atlantic Compact Commission
as a |
| 15 |
regional
disposal facility. |
| 16 |
(18)
‘Regional generator’ means a waste generator
who produces |
| 17 |
waste
within the Atlantic Compact, whether or not this waste
is sent to |
| 18 |
facilities
outside the Atlantic Compact region for purposes of
|
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consolidation,
treatment, or processing for disposal. |
| 20 |
(19)
‘Regional waste’ means waste generated within
a member state |
| 21 |
of
the Atlantic Compact. Consistent with the regulatory
position of the |
| 22 |
Department
of Health and Environmental Control, Bureau of |
| 23 |
Radiological
Health, dated May 1, 1986, some waste byproducts |
| 24 |
shipped
for disposal that are derived from wastes generated
within the |
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Atlantic
Compact region, such as residues from recycling, processing,
|
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compacting,
incineration, collection, and brokering facilities
located |
| 27 |
outside
the Atlantic Compact region may also be considered
regional |
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waste.
|
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(20)
‘Site operator’ means a facility operator.
|
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(21)
‘South Carolina generator’ means a waste
generator that |
| 31 |
produces
waste within the boundaries of the State of South
Carolina, |
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whether
or not this waste is sent to facilities outside South
Carolina for |
| 33 |
purposes
of consolidation, treatment, or processing for disposal.
|
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(22)
‘Waste’ means Class A, B, or C low-level
radioactive waste, as |
| 35 |
defined
in Title I of Public Law 99-240 and Department of
Health and |
| 36 |
Environmental
Control Regulation 61-63, 7.2.22, that is eligible
for |
| 37 |
acceptance
for disposal at a regional disposal facility. |
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|
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Section
48-46-40. (A)(1) The board shall approve disposal
rates for |
| 40 |
low-level
radioactive waste disposed at any regional disposal
facility |
| 41 |
located
within the State. The approval of disposal rates pursuant
to this |
| 42 |
chapter
is neither a regulation nor the promulgation of a
regulation as |
| 43 |
those
terms are specially used in Title 1, Chapter 23. |
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(2)
The board shall adopt a maximum uniform rate schedule
for |
| 2 |
regional
generators containing disposal rates that include
the |
| 3 |
administrative
surcharges specified in Section 48-46-60(B) and |
| 4 |
surcharges
for the extended custody and maintenance of the facility
|
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pursuant
to Section 13-7-30(4) and that do not exceed the approximate
|
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disposal
rates, excluding any access fees and including a specification
|
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of
the methodology for calculating fees for large components,
generally |
| 8 |
applicable
to regional generators on September 7, 1999. Any disposal
|
| 9 |
rates
contained in a valid written agreement that were applicable
to a |
| 10 |
regional
generator on September 7, 1999, that differ from rates
in the |
| 11 |
maximum
uniform rate schedule will continue to be honored
through |
| 12 |
the
term of such agreement. The maximum uniform rate schedule
|
| 13 |
approved
under this section becomes effective immediately upon
South |
| 14 |
Carolina’s
membership in the Atlantic Compact. The maximum |
| 15 |
uniform
rate schedule shall be the rate schedule applicable
to regional |
| 16 |
waste
whenever it is not superseded by an adjusted rate
approved by |
| 17 |
the
board pursuant to paragraph (3) of this subsection
or by special |
| 18 |
disposal
rates approved pursuant to paragraphs (5) or (6)(e)
of this |
| 19 |
subsection.
|
| 20 |
(3)
The board may at any time of its own initiative, at
the request |
| 21 |
of
a site operator, or at the request of the compact
commission, adjust |
| 22 |
the
disposal rate or the relative proportions of the individual
|
| 23 |
components
that constitute the overall rate schedule. Except
as |
| 24 |
adjusted
for inflation in subsection (4), rates adjusted in
accordance |
| 25 |
with
this section, that include the administrative surcharges
specified in |
| 26 |
Section
48-46-60(B) and surcharges for the extended custody
and |
| 27 |
maintenance
of the facility pursuant to Section 13-7-30(4), may
not |
| 28 |
exceed
initial disposal rates set by the board pursuant to
subsection (2). |
| 29 |
(4)
In March of each year the board shall adjust the rate
schedule |
| 30 |
based
on the most recent changes in the most nearly applicable
|
| 31 |
Producer
Price Index published by the Bureau of Labor Statistics
as |
| 32 |
chosen
by the board or a successor index. |
| 33 |
(5)
In consultation with the site operator, the board
or its |
| 34 |
designee,
on a case-by-case basis, may approve special disposal
rates |
| 35 |
for
regional waste that differ from the disposal rate
schedule for |
| 36 |
regional
generators set by the board pursuant to subsections
(2) and (3). |
| 37 |
Requests
by the site operator for such approval shall be in
writing to the |
| 38 |
board.
In approving such special rates, the board or its
designee, shall |
| 39 |
consider
available disposal capacity, demand for disposal capacity,
the |
| 40 |
characteristics
of the waste, the potential for generating revenue
for the |
| 41 |
State,
or other relevant factors; provided, however, that
the board shall |
| 42 |
not
approve any special rate for an entity owned by or
affiliated with |
| 43 |
the
site operator. Special disposal rates approved by
the board under |
|
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| 1 |
this
subsection shall be in writing and shall be kept confidential
as |
| 2 |
proprietary
business information for one year from the date when
the |
| 3 |
bid
or the request for proposal containing the special
rate is accepted by |
| 4 |
the
regional generator; provided, however, that such special
rates when |
| 5 |
accepted
by a regional generator shall be disclosed to the
compact |
| 6 |
commission
and to all other regional generators, which shall,
to the |
| 7 |
extent
permitted by applicable law, keep them confidential
as |
| 8 |
proprietary
business information for one year from the date when
the |
| 9 |
bid
or request for proposal containing this special rate
is accepted by |
| 10 |
the
regional generator. Within one business day of a special
disposal |
| 11 |
rate’s
acceptance, the site operator shall notify the board,
the compact |
| 12 |
commission,
and the regional generators of each special rate that
has |
| 13 |
been
accepted by a regional generator, and the board, the
compact |
| 14 |
commission,
and regional generators may communicate with each
other |
| 15 |
about
such special rates. If any special rate approved by
the board for a |
| 16 |
regional
generator is lower than a disposal rate approved by
the board |
| 17 |
for
regional generators pursuant to subsections (2) and
(3) for waste |
| 18 |
that
is generally similar in characteristics and volume,
the disposal rate |
| 19 |
for
all regional generators shall be revised to equal
the special rate for |
| 20 |
the
regional generator. Regional generators may enter
into contracts |
| 21 |
for
waste disposal at such special rates and on comparable
terms for a |
| 22 |
period
of not less than six months. An officer of the site
operator shall |
| 23 |
certify
in writing to the board and the compact commission
each month |
| 24 |
that
no regional generator’s disposal rate exceeds
any other regional |
| 25 |
generator’s
special rate for waste that is generally similar in
|
| 26 |
characteristics
and volume, and such certification shall be subject
to |
| 27 |
periodic
audit by the board and the compact commission. |
| 28 |
(6)(a)
To the extent authorized by the compact commission,
the |
| 29 |
board
on behalf of the State of South Carolina may enter
into |
| 30 |
agreements
with any person in the United States or its territories
or any |
| 31 |
interstate
compact, state, U.S. territory, or U.S. Department
of Defense |
| 32 |
military
installation abroad for the importation of waste into
the region |
| 33 |
for
purposes of disposal at a regional disposal facility
within South |
| 34 |
Carolina.
No waste from outside the Atlantic Compact region
may be |
| 35 |
disposed
at a regional disposal facility within South Carolina,
except to |
| 36 |
the
extent that the board is authorized by the compact
commission to |
| 37 |
enter
into agreements for importation of waste. |
| 38 |
The
board shall authorize the importation of nonregional
waste into |
| 39 |
the
region for purposes of disposal at the regional disposal
facility in |
| 40 |
South
Carolina so long as nonregional waste would not result
in the |
| 41 |
facility
accepting more than the following total volumes of
all waste: |
| 42 |
(i)
160,000 cubic feet in fiscal year 2001; |
| 43 |
(ii)
80,000 cubic feet in fiscal year 2002; |
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| 1 |
(iii)
70,000 cubic feet in fiscal year 2003; |
| 2 |
(iv)
60,000 cubic feet in fiscal year 2004; |
| 3 |
(v)
50,000 cubic feet in fiscal year 2005; |
| 4 |
(vi)
45,000 cubic feet in fiscal year 2006; |
| 5 |
(vii)
40,000 cubic feet in fiscal year 2007; |
| 6 |
(viii)
35,000 cubic feet in fiscal year 2008. |
| 7 |
After
fiscal year 2008, the board shall not authorize the
importation |
| 8 |
of
nonregional waste for purposes of disposal. |
| 9 |
(b)
The board may approve disposal rates applicable to
|
| 10 |
nonregional
generators. In approving disposal rates applicable
to |
| 11 |
nonregional
generators, the board may consider available disposal
|
| 12 |
capacity,
demand for disposal capacity, the characteristics
of the waste, |
| 13 |
the
potential for generating revenue for the State, and
other relevant |
| 14 |
factors.
|
| 15 |
(c)
Absent action by the board under subsection (b) above
to |
| 16 |
establish
disposal rates for nonregional generators, rates applicable
to |
| 17 |
these
generators must be equal to those contained in the
maximum |
| 18 |
uniform
rate schedule approved by the board pursuant to paragraph
(2) |
| 19 |
or
(3) of this subsection for regional generators unless
these rates are |
| 20 |
superseded
by special disposal rates approved by the board pursuant
to |
| 21 |
paragraph
(6)(e) of this subsection. |
| 22 |
(d)
Regional generators shall not pay disposal rates that
are |
| 23 |
higher
than disposal rates for nonregional generators in
any fiscal |
| 24 |
quarter.
|
| 25 |
(e)
In consultation with the site operator, the board
or its |
| 26 |
designee,
on a case-by-case basis, may approve special disposal
rates |
| 27 |
for
nonregional waste that differ from the disposal rate
schedule for |
| 28 |
nonregional
generators set by the board. Requests by the site
operator |
| 29 |
for
such approval shall be in writing to the board. In
approving such |
| 30 |
special
rates, the board or its designee shall consider available
disposal |
| 31 |
capacity,
demand for disposal capacity, the characteristics
of the waste, |
| 32 |
the
potential for generating revenue for the State, and
other relevant |
| 33 |
factors;
provided, however, that the board shall not approve
any special |
| 34 |
rate
for an entity owned by or affiliated with the site
operator. Special |
| 35 |
disposal
rates approved by the board under this subsection
shall be in |
| 36 |
writing
and shall be kept confidential as proprietary business
|
| 37 |
information
for one year from the date when the bid or request
for |
| 38 |
proposal
containing the special rate is accepted by the nonregional
|
| 39 |
generator;
provided, however, that such special rates when accepted
by |
| 40 |
a
nonregional generator shall be disclosed to the compact
commission |
| 41 |
and
to all regional generators, which shall, to the extent
permitted by |
| 42 |
applicable
law, keep them confidential as proprietary business
|
| 43 |
information
for one year from the date when the bid or request
for |
|
| Page 8 |
| 1 |
proposal
containing the special rate is accepted by the nonregional
|
| 2 |
generator.
Within one business day of a special disposal rate’s
|
| 3 |
acceptance,
the site operator shall notify the board, the compact
|
| 4 |
commission,
and the regional generators in writing of each special
rate |
| 5 |
that
has been accepted by a nonregional generator, and
the board, the |
| 6 |
compact
commission, and regional generators may communicate
with |
| 7 |
each
other about such special rates. If any special rate
approved by the |
| 8 |
board
for a nonregional generator is lower than a disposal
rate approved |
| 9 |
by
the board for regional generators for waste that is
generally similar |
| 10 |
in
characteristics and volume, the disposal rate for
all regional |
| 11 |
generators
shall be revised to equal the special rate for the
nonregional |
| 12 |
generator.
Regional generators may enter into contracts for waste
|
| 13 |
disposal
at such special rate and on comparable terms for a
period of |
| 14 |
not
less than six months. An officer of the site operator
shall certify in |
| 15 |
writing
to the board and the compact commission each month
that no |
| 16 |
regional
generator disposal rate exceeds any nonregional generator’s
|
| 17 |
special
rate for waste that is generally similar in characteristics
and |
| 18 |
volume,
and such certification shall be subject to periodic
audit by the |
| 19 |
board
and the compact commission. |
| 20 |
(B)(1)
Effective upon the implementation of initial disposal
rates by |
| 21 |
the
board under Section 48-46-40(A), the PSC is authorized
and |
| 22 |
directed
to identify allowable costs for operating a regional
low-level |
| 23 |
radioactive
waste disposal facility in South Carolina. |
| 24 |
(2)
In identifying the allowable costs for operating a
regional |
| 25 |
disposal
facility, the PSC shall: |
| 26 |
(a)
prescribe a system of accounts, using generally accepted
|
| 27 |
accounting
principles, for disposal site operators, using as
a starting |
| 28 |
point
the existing system used by site operators; |
| 29 |
(b)
obtain and audit the books and records of the site
operators |
| 30 |
associated
with disposal operations as determined applicable
by the |
| 31 |
PSC;
|
| 32 |
(c)
assess penalties against disposal site operators if
the PSC |
| 33 |
determines
that they have failed to comply with regulations pursuant
to |
| 34 |
this
section; and |
| 35 |
(d)
require periodic reports from site operators that
provide |
| 36 |
information
and data to the PSC and parties to these proceedings.
|
| 37 |
(3)
Allowable costs include the costs of those activities
necessary |
| 38 |
for:
|
| 39 |
(a)
the receipt of waste; |
| 40 |
(b)
the construction of disposal trenches, vaults, and
|
| 41 |
overpacks;
|
| 42 |
(c)
construction and maintenance of necessary physical
|
| 43 |
facilities;
|
|
| Page 9 |
| 1 |
(d)
the purchase or amortization of necessary equipment;
|
| 2 |
(e)
purchase of supplies that are consumed in support
of waste |
| 3 |
disposal
activities; |
| 4 |
(f)
accounting and billing for waste disposal; |
| 5 |
(g)
creating and maintaining records related to disposed
waste; |
| 6 |
(h)
the administrative costs directly associated with
disposal |
| 7 |
operations
including, but not limited to, salaries, wages, and
employee |
| 8 |
benefits;
|
| 9 |
(i)
site surveillance and maintenance required by the
State of |
| 10 |
South
Carolina, other than site surveillance and maintenance
costs |
| 11 |
covered
by the balance of funds in the decommissioning trust
fund or |
| 12 |
the
extended care maintenance fund; |
| 13 |
(j)
compliance with the license, lease, and regulatory
|
| 14 |
requirements
of all jurisdictional agencies; |
| 15 |
(k)
administrative costs associated with collecting the
|
| 16 |
surcharges
provided for in subsections (B) and (C) of Section
48-46-60; |
| 17 |
(l)
taxes other than income taxes; |
| 18 |
(m)
licensing and permitting fees; and |
| 19 |
(n)
any other costs directly associated with disposal
operations |
| 20 |
determined
by the PSC to be allowable. |
| 21 |
Allowable
costs do not include the costs of activities associated
with |
| 22 |
lobbying
and public relations, clean-up and remediation activities
|
| 23 |
caused
by errors or accidents in violation of laws, regulations,
or |
| 24 |
violations
of the facility operating license or permits, activities
of the |
| 25 |
site
operator not directly in support of waste disposal,
and other costs |
| 26 |
determined
by the PSC to be unallowable. |
| 27 |
(4)
Within 90 days following the end of a fiscal year,
a site |
| 28 |
operator
may file an application with the PSC to adjust the
level of an |
| 29 |
allowable
cost under subsection (3), or to allow a cost not
previously |
| 30 |
designated
an allowable cost. The PSC shall process such application
|
| 31 |
in
accordance with its procedures. If such application
is approved by |
| 32 |
the
PSC, the PSC shall authorize the site operator to
adjust allowable |
| 33 |
costs
for the current fiscal year so as to compensate the
site operator for |
| 34 |
revenues
lost during the previous fiscal year. |
| 35 |
(5)
A private operator of a regional disposal facility
in South |
| 36 |
Carolina
is authorized to charge an operating margin of twenty-nine
|
| 37 |
percent.
The operating margin for a given period must be determined
|
| 38 |
by
multiplying twenty-nine percent by the total amount
of allowable |
| 39 |
costs
as determined in this subsection, excluding allowable
costs for |
| 40 |
taxes
and licensing and permitting fees paid to governmental
entities. |
| 41 |
(6)
The site operator shall prepare and file with the
PSC a Least |
| 42 |
Cost
Operating Plan. The plan must be filed within forty-five
days of |
| 43 |
enactment
of this chapter and must be revised annually. The
plan shall |
|
| Page 10 |
| 1 |
include
information concerning anticipated operations over
the next ten |
| 2 |
years
and shall evaluate all options for future staffing
and operation of |
| 3 |
the
site to ensure least cost operation, including information
related to |
| 4 |
the
possible interim suspension of operations in accordance
with |
| 5 |
subsection
(B)(7). |
| 6 |
(7)(a)
If the board, upon the advice of the compact commission
or |
| 7 |
the
site operator, concludes based on information provided
to the board, |
| 8 |
that
the volume of waste to be disposed during a forthcoming
period of |
| 9 |
time
does not appear sufficient to generate receipts that
will be |
| 10 |
adequate
to reimburse the site operator for its costs of operating
the |
| 11 |
facility
and its operating margin, then the board shall direct
the site |
| 12 |
operator
to propose to the compact commission plans including,
but not |
| 13 |
necessarily
limited to, a proposal for discontinuing acceptance
of waste |
| 14 |
until
such time as there is sufficient waste to cover the
site operator’s |
| 15 |
operating
costs and operating margin. Any proposal to suspend
|
| 16 |
operations
must detail plans of the site operator to minimize
its costs |
| 17 |
during
the suspension of operations. Any such proposal to
suspend |
| 18 |
operations
must be approved by the Department of Health and |
| 19 |
Environmental
Control with respect to safety and environmental |
| 20 |
protection.
|
| 21 |
(b)
Allowable costs applicable to any period of suspended
|
| 22 |
operations
must be approved by the PSC according to procedures
|
| 23 |
similar
to those provided herein for allowable operating costs.
During |
| 24 |
any
such suspension of operations, the site operator must
be reimbursed |
| 25 |
by
the board from the extended care maintenance fund
for its allowable |
| 26 |
costs
and its operating margin. During the suspension funding
to |
| 27 |
reimburse
the board, the PSC, and the State Treasurer under
Section |
| 28 |
48-46-60(B)
and funding of the compact commission under Section
|
| 29 |
48-46-60(C)
must also be allocated from the extended care |
| 30 |
maintenance
fund as approved by the board based on revised budgets
|
| 31 |
submitted
by the PSC, State Treasurer, and the compact commission.
|
| 32 |
(c)
Notwithstanding any disbursements from the extended
care |
| 33 |
maintenance
fund in accordance with any provision of this act,
the |
| 34 |
board
shall continue to ensure, in accordance with Section
13-7-30, that |
| 35 |
the
fund remains adequate to defray the costs for future
maintenance |
| 36 |
costs
or custodial and maintenance obligations of the site
and other |
| 37 |
obligations
imposed on the fund by this chapter. |
| 38 |
(d)
The PSC may promulgate regulations and policies |
| 39 |
necessary
to execute the provisions of this section. |
| 40 |
(8)
The PSC may use any standard, formula, method, or
theory of |
| 41 |
valuation
reasonably calculated to arrive at the objective of
identifying |
| 42 |
allowable
costs associated with waste disposal. The PSC may
consider |
|
| Page 11 |
| 1 |
standards,
precedents, findings, and decisions in other jurisdictions
that |
| 2 |
regulate
allowable costs for radioactive waste disposal. |
| 3 |
(9)
In all proceedings held pursuant to this section,
the board |
| 4 |
shall
participate as a party representing the interests
of the State of |
| 5 |
South
Carolina, and the compact commission may participate
as a party |
| 6 |
representing
the interests of the compact states. The Consumer
|
| 7 |
Advocate
and the Attorney General of the State of South Carolina
shall |
| 8 |
be
parties to any such proceeding. Representatives from
the |
| 9 |
Department
of Health and Environmental Control shall participate
in |
| 10 |
proceedings
where necessary to determine or define the activities
that a |
| 11 |
site
operator must conduct in order to comply with the
regulations and |
| 12 |
license
conditions imposed by the department. Other parties
may |
| 13 |
participate
in the PSC’s proceedings upon satisfaction of
standing |
| 14 |
requirements
and compliance with the PSC’s procedures. Any
site |
| 15 |
operator
submitting records and information to the PSC may
request |
| 16 |
that
the PSC treat such records and information as confidential
and not |
| 17 |
subject
to disclosure in accordance with the PSC’s procedures.
|
| 18 |
(10)
In all respects in which the PSC has power and authority
|
| 19 |
under
this chapter, it shall conduct its proceedings under
the South |
| 20 |
Carolina
Administrative Procedures Act and the PSC’s rules
and |
| 21 |
regulations.
The PSC is authorized to compel attendance and testimony
|
| 22 |
of
a site operator’s directors, officers, agents,
or employees. |
| 23 |
(11)
At any time the compact commission, the board, or
any |
| 24 |
generator
subject to payment of rates set pursuant to this chapter
may |
| 25 |
file
a complaint against a site operator alleging that
allowable costs |
| 26 |
identified
pursuant to this chapter are not in conformity with
the |
| 27 |
directives
of this chapter or the directives of the PSC or that
the site |
| 28 |
operator
is otherwise not acting in conformity with the requirements
of |
| 29 |
this
chapter or directives of the PSC. Upon filing of the
complaint, the |
| 30 |
PSC
shall cause a copy of the complaint to be served upon
the site |
| 31 |
operator.
The complaining party has the burden of proving that
|
| 32 |
allowable
costs or the actions of the site operator do not conform.
The |
| 33 |
hearing
shall conform to the rules of practice and procedure
of the PSC |
| 34 |
for
other complaint cases. |
| 35 |
(12)
The PSC shall encourage alternate forms of dispute
resolution |
| 36 |
including,
but not limited to, mediation or arbitration to resolve
|
| 37 |
disputes
between a site operator and any other person regarding
matters |
| 38 |
covered
by this chapter. |
| 39 |
(C)
The operator of a regional disposal facility shall
submit to the |
| 40 |
South
Carolina Department of Revenue, the PSC, and the board
within |
| 41 |
thirty
days following the end of each quarter a report detailing
actual |
| 42 |
revenues
received in the previous fiscal quarter and allowable
costs |
| 43 |
incurred
for operation of the disposal facility. |
|
| Page 12 |
| 1 |
(D)(1)
Within 30 days following the end of the fiscal year
the |
| 2 |
operator
of a regional disposal facility shall submit a payment
made |
| 3 |
payable
to the South Carolina Department of Revenue in an
amount |
| 4 |
that
is equal to the total revenues received for waste
disposed in that |
| 5 |
fiscal
year (with interest accrued on cash flows in accordance
with |
| 6 |
instructions
from the State Treasurer) minus allowable costs, operating
|
| 7 |
margin,
and any payments already made from such revenues pursuant
|
| 8 |
to
Section 48-46-60(B) and (C) for reimbursement of administrative
|
| 9 |
costs
to state agencies and the compact commission. The
Department |
| 10 |
of
Revenue shall deposit the payment with the State Treasurer.
|
| 11 |
(2)
If in any fiscal year total revenues do not cover
allowable costs |
| 12 |
plus
the operating margin, the board must reimburse the
site operator |
| 13 |
its
allowable costs and operating margin from the extended
care |
| 14 |
maintenance
fund within thirty days after the end of the fiscal
year. |
| 15 |
The
board shall as soon as practicable authorize a surcharge
on waste |
| 16 |
disposed
in an amount that will fully compensate the fund for
the |
| 17 |
reimbursement
to the site operator. In the event that total revenues
for |
| 18 |
a
fiscal year do not cover allowable costs plus the
operating margin, or |
| 19 |
quarterly
reports submitted pursuant to subsection (C) indicate
that |
| 20 |
such
annual revenue may be insufficient, the board shall
consult with |
| 21 |
the
compact commission and the site operator as early
as practicable |
| 22 |
on
whether the provisions of Section 48-46-40(B)(7) pertaining
to |
| 23 |
suspension
of operations during periods of insufficient revenues
should |
| 24 |
be
invoked. |
| 25 |
(E)
Revenues received pursuant to item (1) of subsection
(D) must |
| 26 |
be
allocated as follows: |
| 27 |
(1)
The South Carolina State Treasurer shall distribute
the first |
| 28 |
two
million dollars received for waste disposed during
a fiscal year to |
| 29 |
the
County Treasurer of Barnwell County for distribution
to each of the |
| 30 |
parties
to and beneficiaries of the order of the United States
District |
| 31 |
Court
in C.A. No. 1:90-2912-6 on the same schedule of allocation
as is |
| 32 |
established
within that order for the distribution of ‘payments
in lieu of |
| 33 |
taxes’
paid by the United States Department of Energy. |
| 34 |
(2)
All revenues in excess of two million dollars received
from |
| 35 |
waste
disposed during the previous fiscal year must be deposited
in a |
| 36 |
fund
called the ‘Nuclear Waste Disposal Receipts Distribution
Fund’. |
| 37 |
Any
South Carolina waste generator whose disposal fees
contributed to |
| 38 |
the
fund during the previous fiscal year may submit a
request for a |
| 39 |
rebate
of 33.33 percent of the funds paid by the generator
during the |
| 40 |
previous
fiscal year for disposal of waste at a regional disposal
facility. |
| 41 |
These
requests along with invoices or other supporting material
must |
| 42 |
be
submitted in writing to the State Treasurer within
fifteen days of the |
| 43 |
end
of the fiscal year. For this purpose disposal fees
paid by the |
|
| Page 13 |
| 1 |
generator
must exclude any fees paid pursuant to Section 48-46-60(C)
|
| 2 |
for
compact administration and fees paid pursuant to Section
|
| 3 |
48-46-60(B)
for reimbursement of the PSC, the State Treasurer,
and the |
| 4 |
board
for administrative expenses under this chapter. Upon
validation |
| 5 |
of
the request and supporting documentation by the State
Treasurer, the |
| 6 |
State
Treasurer shall issue a rebate of the applicable funds
to qualified |
| 7 |
waste
generators within sixty days of the receipt of the
request. If |
| 8 |
funds
in the Nuclear Waste Disposal Receipts Distribution
Fund are |
| 9 |
insufficient
to provide a rebate of 33.33 percent to each generator,
then |
| 10 |
each
generator’s rebate must be reduced in proportion
to the amount of |
| 11 |
funds
in the account for the applicable fiscal year. |
| 12 |
(3)
All funds deposited in the Nuclear Waste Disposal
Receipts |
| 13 |
Distribution
Fund for waste disposed for each fiscal year, less
the |
| 14 |
amount
needed to provide generators rebates pursuant to item
(2), shall |
| 15 |
be
deposited by the State Treasurer in the ‘Children’s
Education |
| 16 |
Endowment
Fund’. Thirty percent of these monies must be
allocated to |
| 17 |
Higher
Education Scholarship Grants and used as provided
in Section |
| 18 |
59-143-30,
and seventy percent of these monies must be allocated
to |
| 19 |
Public
School Facility Assistance and used as provided in
Chapter 144 |
| 20 |
of
Title 59. |
| 21 |
(F)
Effective beginning fiscal year 2001-2002, there is
appropriated |
| 22 |
annually
from the general fund of the State to the Higher Education
|
| 23 |
Scholarship
Grants share of the Children’s Education Endowment
|
| 24 |
whatever
amount is necessary to credit to the Higher Education
|
| 25 |
Scholarship
Grants share an amount not less than the amount credited
|
| 26 |
to
that portion of the endowment in fiscal year 1999-2000.
Revenues |
| 27 |
credited
to the endowment pursuant to this subsection, for
purposes of |
| 28 |
Section
59-143-10, are deemed to be received by the endowment
|
| 29 |
pursuant
to the former provisions of Section 48-48-140(C).
|
| 30 |
|
| 31 |
Section
48-46-50. (A) The Governor shall appoint two |
| 32 |
commissioners
to the Atlantic Compact Commission and may appoint
|
| 33 |
up
to two alternate commissioners. These alternate commissioners
may |
| 34 |
participate
in meetings of the compact commission in lieu of and
upon |
| 35 |
the
request of a South Carolina commissioner. Technical
|
| 36 |
representatives
from the Department of Health and Environmental |
| 37 |
Control,
the board, the PSC, and other state agencies may participate
in |
| 38 |
relevant
portions of meetings of the compact commission upon
the |
| 39 |
request
of a commissioner, alternate commissioner, or staff
of the |
| 40 |
compact
commission, or as called for in the compact commission
|
| 41 |
bylaws.
|
| 42 |
(B)
South Carolina commissioners or alternate commissioners
to |
| 43 |
the
compact commission may not vote affirmatively on any
motion to |
|
| Page 14 |
| 1 |
admit
new member states to the compact unless that state
volunteers to |
| 2 |
host
a regional disposal facility. |
| 3 |
(C)
Compact commissioners or alternate commissioners to
the |
| 4 |
Atlantic
Compact Commission may not vote to approve a regional
|
| 5 |
management
plan or any other plan or policy that allows for acceptance
|
| 6 |
at
the Barnwell regional disposal facility of more than
a total of |
| 7 |
800,000
cubic feet of waste from Connecticut and New Jersey.
|
| 8 |
(D)
South Carolina’s commissioners or alternate commissioners
to |
| 9 |
the
compact commission shall cast any applicable votes
on the compact |
| 10 |
commission
in a manner that authorizes the importation of waste
into |
| 11 |
the
region for purposes of disposal at a regional disposal
facility in |
| 12 |
South
Carolina so long as importation would not result in
the facility |
| 13 |
accepting
more than the following total volumes of all waste:
|
| 14 |
(1)
160,000 cubic feet in fiscal year 2001; |
| 15 |
(2)
80,000 cubic feet in fiscal year 2002; |
| 16 |
(3)
70,000 cubic feet in fiscal year 2003; |
| 17 |
(4)
60,000 cubic feet in fiscal year 2004; |
| 18 |
(5)
50,000 cubic feet in fiscal year 2005; |
| 19 |
(6)
45,000 cubic feet in fiscal year 2006; |
| 20 |
(7)
40,000 cubic feet in fiscal year 2007; |
| 21 |
(8)
35,000 cubic feet in fiscal year 2008. |
| 22 |
South
Carolina’s commissioners or alternate commissioners
shall not |
| 23 |
vote
to approve the importation of waste into the region
for purposes of |
| 24 |
disposal
in any fiscal year after 2008. |
| 25 |
|
| 26 |
Section
48-46-60. (A) The Governor and the board are authorized
|
| 27 |
to
take such actions as are necessary to join the Atlantic
Compact |
| 28 |
including,
but not limited to, petitioning the Compact Commission
for |
| 29 |
membership
and participating in any and all rulemaking processes.
|
| 30 |
South
Carolina’s membership in the Atlantic Compact
pursuant to this |
| 31 |
chapter
is effective July 1, 2000, if by that date the Governor
certifies |
| 32 |
to
the General Assembly that the Compact Commission has
taken each |
| 33 |
of
the actions specified below. If the Compact Commission
by July 1, |
| 34 |
2000,
has not taken each of the actions specified below,
then South |
| 35 |
Carolina’s
membership shall become effective as soon thereafter
as the |
| 36 |
Governor
certifies that the Atlantic Compact Commission has
taken |
| 37 |
these
actions: |
| 38 |
(1)
adopted a binding regulation or policy in accordance
with |
| 39 |
Article
VII(e) of the compact establishing conditions for
admission of a |
| 40 |
party
state that are consistent with this act and ordered
that South |
| 41 |
Carolina
be declared eligible to be a party state consistent
with those |
| 42 |
conditions;
|
|
| Page 15 |
| 1 |
(2)
adopted a binding regulation or policy in accordance
with |
| 2 |
Article
IV(i)(11) of the Atlantic Compact authorizing a host
state to |
| 3 |
enter
into agreements on behalf of the compact and consistent
with |
| 4 |
criteria
established by the compact commission and consistent
with the |
| 5 |
provisions
of Section 48-46-40(A)(6)(a) and Section 48-46-50(D)
with |
| 6 |
any
person for the importation of waste into the region
for purposes of |
| 7 |
disposal,
to the extent that these agreements do not preclude
the |
| 8 |
disposal
facility from accepting all regional waste that can
reasonably |
| 9 |
be
projected to require disposal at the regional disposal
facility |
| 10 |
consistent
with subitem (5)(b) of this section; |
| 11 |
(3)
adopted a binding regulation or policy in accordance
with |
| 12 |
Article
IV(i)(12) of the Atlantic Compact authorizing each
regional |
| 13 |
generator,
at the generator’s discretion, to ship waste
to disposal |
| 14 |
facilities
located outside the Atlantic Compact region; |
| 15 |
(4)
authorized South Carolina to proceed with plans to
establish |
| 16 |
disposal
rates for low-level radioactive waste disposal in
a manner |
| 17 |
consistent
with the procedures described in this chapter; |
| 18 |
(5)
adopted a binding regulation, policy, or order officially
|
| 19 |
designating
South Carolina as a volunteer host state for the region’s
|
| 20 |
disposal
facility, contingent upon South Carolina’s membership
in the |
| 21 |
compact,
in accordance with Article V.b.1. of the Atlantic
Compact, |
| 22 |
thereby
authorizing the following compensation and incentives
to |
| 23 |
South
Carolina: |
| 24 |
(a)
agreement, as evidenced in a policy, regulation, or
order |
| 25 |
that
the compact commission will issue a payment of twelve
million |
| 26 |
dollars
to the State of South Carolina. Before issuing the
twelve |
| 27 |
million-dollar
payment, the compact commission will deduct and retain
|
| 28 |
from
this amount seventy thousand dollars, which will be
credited as |
| 29 |
full
payment of South Carolina’s membership dues in
the Atlantic |
| 30 |
Compact.
The remainder of the twelve million-dollar payment
must be |
| 31 |
credited
to an account in the State Treasurer’s office,
separate and |
| 32 |
distinct
from the fund, styled ‘Barnwell Economic Development
Fund’. |
| 33 |
This
fund, and earnings on this fund which must be credited
to the |
| 34 |
fund,
may only be expended for purposes of economic development
in |
| 35 |
the
Barnwell County area including, but not limited to,
projects of the |
| 36 |
Barnwell
County Economic Development Corporation and projects
of |
| 37 |
the
Tri-County alliance which includes Barnwell, Bamberg,
and |
| 38 |
Allendale
Counties and projects in the Williston area of Aiken
County. |
| 39 |
Economic
development includes, but is not limited to, industrial
|
| 40 |
recruitment,
infrastructure construction, improvement, and expansion,
|
| 41 |
and
public facilities construction, improvement, and expansion.
These |
| 42 |
funds
must be spent according to guidelines established
by the |
| 43 |
Barnwell
County governing body and upon approval of the board.
|
|
| Page 16 |
| 1 |
Expenditures
must be authorized by the Barnwell County governing
|
| 2 |
body
and with the approval of the board. Upon approval
of the |
| 3 |
Barnwell
County governing body and the board, the State Treasurer
|
| 4 |
shall
submit the approved funds to the Barnwell County Treasurer
for |
| 5 |
disbursement
pursuant to the authorization; |
| 6 |
(b)
adopted a binding regulation, policy, or order consistent
|
| 7 |
with
the regional management plan developed pursuant to
Article V(a) |
| 8 |
of
the Atlantic Compact, limiting Connecticut and New
Jersey to the |
| 9 |
use
of not more than 800,000 cubic feet of disposal capacity
at the |
| 10 |
regional
disposal facility located in Barnwell County, South
Carolina, |
| 11 |
and
also ensuring that up to 800,000 cubic feet of disposal
capacity |
| 12 |
remains
available for use by Connecticut and New Jersey unless
this |
| 13 |
estimate
of need is later revised downward by unanimous consent
of |
| 14 |
the
compact commission; |
| 15 |
(c)
agreement, as evidenced in a policy or regulation,
that the |
| 16 |
compact
commission headquarters and office will be relocated
to South |
| 17 |
Carolina
within six months of South Carolina’s membership;
and |
| 18 |
(d)
agreement, as evidenced in a policy or regulation,
that the |
| 19 |
compact
commission will, to the extent practicable, hold a
majority of |
| 20 |
its
meetings in the host state for the regional disposal
facility. |
| 21 |
(B)
The board, the State Treasurer, and the PSC shall
provide the |
| 22 |
required
staff and may add additional permanent or temporary
staff or |
| 23 |
contract
for services, as well as provide for operating expenses,
if |
| 24 |
necessary,
to administer new responsibilities assigned under
this |
| 25 |
chapter.
In accordance with Article V.f.2. of the Atlantic
Compact the |
| 26 |
compensation,
costs, and expenses incurred incident to administering
|
| 27 |
these
responsibilities may be paid through a surcharge on
waste |
| 28 |
disposed
at regional disposal facilities within the State.
To cover these |
| 29 |
costs
the board shall impose a surcharge per unit of waste
received at |
| 30 |
any
regional disposal facility located within the State.
A site operator |
| 31 |
shall
collect and remit these fees to the board in accordance
with the |
| 32 |
board’s
directions. All such surcharges shall be included
within the |
| 33 |
disposal
rates set by the board pursuant to Section 48-46-40.
|
| 34 |
(C)
In accordance with Article V.f.3. of the Atlantic
Compact, the |
| 35 |
compact
commission shall advise the board at least annually,
but more |
| 36 |
frequently
if the compact commission deems appropriate, of the
|
| 37 |
compact
commission’s costs and expenses. To cover these
costs the |
| 38 |
board
shall impose a surcharge per unit of waste received
at any |
| 39 |
regional
disposal facility located within the State as determined
in |
| 40 |
Section
48-46-40. A site operator shall collect and remit
these fees to |
| 41 |
the
board in accordance with the board’s directions,
and the board shall |
| 42 |
remit
those fees to the compact commission. |
| 43 |
|
|
| Page 17 |
| 1 |
Section
48-46-70. The Northeast Interstate Low-Level |
| 2 |
Radioactive
Waste Management Compact, P.L. 99-240, Section 227,
|
| 3 |
99
Stat. 1909 (1985) as it existed on the date this act
was enacted, is |
| 4 |
hereby
incorporated by reference, and all terms and conditions
|
| 5 |
contained
therein shall have full force and effect as if set
forth herein in |
| 6 |
their
entirety. In addition to the express limitations on
non-host state |
| 7 |
and
compact commission liability provided in the Northeast
Interstate |
| 8 |
Low-Level
Radioactive Waste Management Compact, South Carolina
|
| 9 |
will
indemnify the Atlantic Compact Commission or any of
the other |
| 10 |
party
states for any damages incurred solely because of
South |
| 11 |
Carolina’s
membership in the compact and for any damages associated
|
| 12 |
with
any injury to persons or property during the institutional
control |
| 13 |
period
resulting from the radioactive and waste management
operations |
| 14 |
of
the regional facility. |
| 15 |
|
| 16 |
Section
48-46-80. Pursuant to Section 48-2-10 et seq., the
|
| 17 |
Department
of Health and Environmental Control may adjust the
|
| 18 |
radioactive
materials license fee for Low-Level Radioactive Waste
|
| 19 |
Shallow
Land Disposal in Regulation 61-30 in an amount that
will |
| 20 |
offset
changes to its annual operating budget caused by projected
|
| 21 |
increases
or decreases in the number of permittees expected
to pay fees |
| 22 |
for
Radioactive Waste Transport Permits under the same
regulation for |
| 23 |
shipment
of low-level radioactive waste for disposal within
the State. |
| 24 |
|
| 25 |
Section
48-46-90. (A) In accordance with Section 13-7-30,
the |
| 26 |
board,
or its designee, is responsible for extended custody
and |
| 27 |
maintenance
of the Barnwell site following closure and license
transfer |
| 28 |
from
the facility operator. The Department of Health and
|
| 29 |
Environmental
Control is responsible for continued site monitoring.
|
| 30 |
(B)
Nothing in this chapter may be construed to alter
or diminish |
| 31 |
the
existing statutory authority of the Department of
Health and |
| 32 |
Environmental
Control to regulate activities involving radioactive
|
| 33 |
materials
and radioactive wastes.” |
| 34 |
|
| 35 |
Definitions
|
| 36 |
|
| 37 |
SECTION
2. Section 13-7-10 of the 1976 Code, as last amended
by |
| 38 |
Act
552 of 1990, is further amended by adding at the end:
|
| 39 |
|
| 40 |
“(10)
‘Decommissioning trust fund’ means the trust
fund |
| 41 |
established
pursuant to a Trust Agreement dated March 4, 1981,
among |
| 42 |
Chem-Nuclear
Systems, Inc. (grantor), the South Carolina Budget
and |
| 43 |
Control
Board (beneficiary), and the South Carolina State
Treasurer |
|
| Page 18 |
| 1 |
(trustee),
whose purpose is to assure adequate funding for |
| 2 |
decommissioning
of the disposal site, or any successor fund with a
|
| 3 |
similar
purpose. |
| 4 |
(11)
‘Extended care maintenance fund’ means the
‘escrow fund for |
| 5 |
perpetual
care’ that is used for custodial, surveillance,
and maintenance |
| 6 |
costs
during the period of institutional control and any
post-closure |
| 7 |
observation
period specified by the Department of Health and |
| 8 |
Environmental
Control, and for activities associated with closure
of the |
| 9 |
site
as provided for in Section 13-7-30(4). |
| 10 |
(12)
‘Maintenance’ means active maintenance activities
as specified |
| 11 |
by
the Department of Health and Environmental Control
including |
| 12 |
pumping
and treatment of groundwater and the repair and replacement
|
| 13 |
of
disposal unit covers.” |
| 14 |
|
| 15 |
Powers
and duties of Budget and Control Board |
| 16 |
|
| 17 |
SECTION
3. Section 13-7-30 of the 1976 Code, as last amended
by |
| 18 |
Section
70A, Part II, Act 501 of 1992, is further amended
to read: |
| 19 |
|
| 20 |
“Section
13-7-30. For purposes of this article, the State Budget
and |
| 21 |
Control
Board, hereinafter in this section referred to as
the board, is |
| 22 |
designated
as the agency of the State which shall have the following
|
| 23 |
powers
and duties that are in accord with its already established
|
| 24 |
responsibilities
for custody of state properties, and for the management
|
| 25 |
of
all state sinking funds, insurance, and analogous
fiscal matters that |
| 26 |
are
relevant to state properties: |
| 27 |
(1)
expend state funds in order to acquire, develop, and
operate land |
| 28 |
and
facilities. This acquisition may be by lease, dedication,
purchase, |
| 29 |
or
other arrangements. However, the state’s functions
under the |
| 30 |
authority
of this section are limited to the specific purposes
of this |
| 31 |
article;
|
| 32 |
(2)
lease, sublease, or sell real and personal properties
to public or |
| 33 |
private
bodies; |
| 34 |
(3)
assure the maintenance of insurance coverage by state
licensees, |
| 35 |
lessees,
or sublessees as will in the opinion of the board
protect the |
| 36 |
citizens
of the State against nuclear incident that may occur
on |
| 37 |
state-controlled
atomic energy facilities; |
| 38 |
(4)
assume responsibility for extended custody and maintenance
of |
| 39 |
radioactive
materials held for custodial purposes at any publicly
or |
| 40 |
privately
operated facility located within the State, in the
event the |
| 41 |
parties
operating these facilities abandon their responsibility,
or when |
| 42 |
the
license for the facility is ultimately transferred
to an agency of the |
|
| Page 19 |
| 1 |
State,
and whenever the federal government or any agency
of the |
| 2 |
federal
government has not assumed the responsibility. |
| 3 |
In
order to finance such extended custody and maintenance
as the |
| 4 |
board
may undertake, the board may collect fees from private
or public |
| 5 |
parties
holding radioactive materials for custodial purposes.
These fees |
| 6 |
must
be sufficient in each individual case to defray the
estimated cost |
| 7 |
of
the board’s custodial management activities for
that individual case. |
| 8 |
The
fees collected for such custodial management activities
shall also |
| 9 |
be
sufficient to provide additional funds for the purchase
of insurance |
| 10 |
which
shall be purchased for the protection of the State
and the general |
| 11 |
public
for the period such radioactive material considering
its isotope |
| 12 |
and
curie content together with other factors may present
a possible |
| 13 |
danger
to the general public in the event of migration or
dispersal of |
| 14 |
such
radioactivity. All such fees, when received by the
board, must be |
| 15 |
transmitted
to the State Treasurer. The Treasurer must place the
money |
| 16 |
in
a special account, in the nature of a revolving trust
fund, which may |
| 17 |
be
designated ‘extended care maintenance fund’,
to be disbursed on |
| 18 |
authorization
of the board. Monies in the extended care maintenance
|
| 19 |
funds
must be invested by the board in the manner as other
state |
| 20 |
monies.
However, any interest accruing as a result of investment
must |
| 21 |
accrue
to this extended care maintenance fund. Except as
authorized in |
| 22 |
Section
48-46-40(B)(7)(b) and (D)(2), the extended care maintenance
|
| 23 |
fund
must be used exclusively for custodial, surveillance,
and |
| 24 |
maintenance
costs during the period of institutional control and
during |
| 25 |
any
post-closure and observation period specified by the
Department of |
| 26 |
Health
and Environmental Control, and for activities associated
with |
| 27 |
closure
of the site. Funds from the extended care maintenance
fund |
| 28 |
shall
not be used for site closure activities or for custodial,
surveillance, |
| 29 |
and
maintenance performed during the post-closure observation
period |
| 30 |
until
all funds in the decommissioning trust account are
exhausted. |
| 31 |
|
| 32 |
(5)
Enter into an agreement with the federal government
or any of |
| 33 |
its
authorized agencies to assume extended maintenance
of lands |
| 34 |
donated,
leased, or purchased from the federal government or
any of its |
| 35 |
authorized
agencies and used for development of atomic energy
|
| 36 |
resources
or as custodial site for radioactive material.”
|
| 37 |
|
| 38 |
Severability
provisions |
| 39 |
|
| 40 |
SECTION
4. The provisions of this act are to be liberally
construed to |
| 41 |
effectuate
its purpose. If any provisions of this act shall be
determined |
| 42 |
to
be unconstitutional, invalid, or otherwise unenforceable
by a court of |
| 43 |
competent
jurisdiction, such provision shall be severable from
the |
|
| Page 20 |
| 1 |
remaining
portions of this chapter and shall not invalidate
the |
| 2 |
remaining
provisions of this chapter, which shall continue in
full force |
| 3 |
and
effect. If any provision of this act shall be determined
by a court of |
| 4 |
competent
jurisdiction to be in conflict with any other provision
of this |
| 5 |
act,
and particularly the provisions of the Northeast Interstate
|
| 6 |
Low-Level
Radioactive Waste Management Compact, P.L. 99-240,
|
| 7 |
Section
227, 99 Stat. 1909 (1985), the provisions of the compact
shall |
| 8 |
govern.
|
| 9 |
|
| 10 |
Repeals
|
| 11 |
|
| 12 |
SECTION
5. Title 48, Chapter 48 of the 1976 Code is repealed
|
| 13 |
effective
upon the date of South Carolina’s membership
in the Atlantic |
| 14 |
Compact,
except that Section 48-48-140(F) is repealed effective
July 1, |
| 15 |
2000.
The contingent annual license tax for fiscal year
1999-2000 |
| 16 |
under
Section 48-48-140(F) shall remain due and payable
as described |
| 17 |
in
that section for that fiscal year. In the event that
South Carolina does |
| 18 |
not
become a member of the Atlantic Compact by October
1, 2000, |
| 19 |
then
Section 48-48-140(F) shall be reinstated as of October
1, 2000, |
| 20 |
except
that the tax for fiscal year 2000-2001 shall be $18
million. In |
| 21 |
the
fiscal year that the site operator ceases to accept
waste for disposal |
| 22 |
in
preparation for permanent closure, the contingent
annual license tax |
| 23 |
under
Section 48-48-140(F) will be paid to the State on
a pro rata basis |
| 24 |
for
each quarter that the site is accepting waste for
disposal. The tax |
| 25 |
does
not apply when the site is in a closure mode. |
| 26 |
|
| 27 |
Governor’s
Nuclear Advisory Council |
| 28 |
|
| 29 |
SECTION
6. Chapter 7, Title 13 of the 1976 Code is amended
to read: |
| 30 |
“Article
9 |
| 31 |
|
| 32 |
Governor’s
Nuclear Advisory Council |
| 33 |
|
| 34 |
Section
13-7-810. There is hereby established a Governor’s
Nuclear |
| 35 |
Advisory
Council which shall be responsible to and report to
the |
| 36 |
Governor.
|
| 37 |
|
| 38 |
Section
13-7-820. The duties of the council, in addition to
such |
| 39 |
other
duties as may be requested by the Governor, shall
be: |
| 40 |
(1)
to provide advice and recommendations to the Governor
on |
| 41 |
issues
involving the use, handling, and management of the
|
| 42 |
transportation,
storage, or disposal of nuclear materials within South
|
| 43 |
Carolina,
or such use, handling, transportation, storage, or
disposal of |
|
| Page 21 |
| 1 |
nuclear
materials outside of the State which may affect the
public |
| 2 |
health,
welfare, safety, and environment of the citizens of
South |
| 3 |
Carolina;
|
| 4 |
(2)
to provide advice and recommendations to the Governor
|
| 5 |
regarding
matters pertaining to the Atlantic Compact Commission;
|
| 6 |
(3)
to provide advice and recommendations to the Governor
|
| 7 |
regarding
the various programs of the United States Department
of |
| 8 |
Energy
pertaining to nuclear waste; |
| 9 |
(4)
to meet at the call of the chair or at a minimum twice
a year. |
| 10 |
|
| 11 |
Section
13-7-830. The recommendations described in Section
|
| 12 |
13-7-620
shall be made available to the General Assembly, the
|
| 13 |
Governor,
and the Budget and Control Board. |
| 14 |
|
| 15 |
Section
13-7-840. The council shall consist of nine members.
|
| 16 |
One
at-large member shall be appointed by the Speaker
of the House of |
| 17 |
Representatives
and one at-large member shall be appointed by the
|
| 18 |
President
of the Senate. Seven members shall be appointed by
the |
| 19 |
Governor
with the advice and consent of the Senate as follows:
Two |
| 20 |
shall
be actively involved in the area of environmental
protection; one |
| 21 |
shall
have experience in the generation of power by nuclear
means; one |
| 22 |
shall
have experience in the field of nuclear activities
other than power |
| 23 |
generation;
two shall be scientists or engineers from the faculties
of |
| 24 |
institutions
of higher learning in the State; and one shall be
from the |
| 25 |
public
at large. The terms of the members of the council
appointed by |
| 26 |
the
Governor shall be coterminus with that of the appointing
Governor, |
| 27 |
but
they shall serve at the pleasure of the Governor.
|
| 28 |
Vacancies
of the council shall be filled in the manner of the
original |
| 29 |
appointment.
|
| 30 |
|
| 31 |
Section
13-7-850. The Governor shall designate the chairman
from |
| 32 |
the
membership. When on business of the council, members
shall be |
| 33 |
entitled
to receive such compensation as provided by law for
boards |
| 34 |
and
commissions. |
| 35 |
|
| 36 |
Section
13-7-860. Staff support for the council shall be provided
by |
| 37 |
the
State Energy Office.” |
| 38 |
|
| 39 |
Contingent
repeal |
| 40 |
|
| 41 |
SECTION
7. In the event that South Carolina does not become
a |
| 42 |
member
of the Atlantic Compact by October 1, 2000, then Section
1 of |
| 43 |
this
act is repealed. |
|
| Page 22 |
| 1 |
|
| 2 |
Time
effective |
| 3 |
|
| 4 |
SECTION
8. This act takes effect upon approval by the Governor.
|
| 5 |
|
| 6 |
Ratified
the 31st day of May, 2000. |
| 7 |
|
| 8 |
Approved
the 6th day of June, 2000. -- S. |
| 9 |
----XX----
|
|
|
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