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.
3
4 (R376, S1129)
5
6 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,
29 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
36 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
41 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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1 EFFECTIVE UPON THE STATE JOINING THE NORTHEAST
2 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
6 THE COMPACT; TO AMEND ARTICLE 9, CHAPTER 7,
7 TITLE 13, RELATING TO THE GOVERNOR’S NUCLEAR
8 ADVISORY COUNCIL, SO AS TO REQUIRE THE COUNCIL
9 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
15 BY OCTOBER 1, 2000.
16
17 Be it enacted by the General Assembly of the State of South Carolina:
18
19 Atlantic Compact
20
21 SECTION 1. Title 48 of the 1976 Code is amended by adding:
22
23 “CHAPTER 46
24
25 Atlantic Interstate Low-Level Radioactive Waste Compact
26
27 Implementation Act
28
29 Section 48-46-10. This chapter may be cited as the ‘Atlantic
30 Interstate Low-Level Radioactive Waste Compact Implementation
31 Act’.
32
33 Section 48-46-20. The purpose of this act is to establish South
34 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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1 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.
35 (9) ‘Generator’ means a person, organization, institution, private
36 corporation, and government agency that produces Class A, B, or C
37 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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1 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.
6 (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
19 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
25 Atlantic Compact region, such as residues from recycling, processing,
26 compacting, incineration, collection, and brokering facilities located
27 outside the Atlantic Compact region may also be considered regional
28 waste.
29 (20) ‘Site operator’ means a facility operator.
30 (21) ‘South Carolina generator’ means a waste generator that
31 produces waste within the boundaries of the State of South Carolina,
32 whether or not this waste is sent to facilities outside South Carolina for
33 purposes of consolidation, treatment, or processing for disposal.
34 (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.
38
39 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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1 (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
5 pursuant to Section 13-7-30(4) and that do not exceed the approximate
6 disposal rates, excluding any access fees and including a specification
7 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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(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;
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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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