2001-2002 Bill 4261: Flag Designed by DHEC to Fly at Entrance of Infectious Waste Incineration

BIL:4261

TYP:General Bill GB

INB:House

IND:20010606

PSP:Bowers

SPO:Bowers

DDN:l:\council\bills\bbm\10441htc01.doc

RBY:House

COM:Agriculture, Natural Resources and Environmental Affairs Com 20 HANR

SUB:Flag designed by DHEC to fly at entrance of infectious waste incineration facility if violating laws; Hazardous Waste

HST:

BodyDateAction DescriptionComLeg Involved

______

House20010606Introduced, read first time,20 HANR

referred to Committee

Versions of This Bill

TXT:

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4493185 SO AS TO REQUIRE A FLAG DESIGNED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO BE FLOWN FROM A SEPARATE THIRTYFOOT FLAGPOLE LOCATED AT THE MAIN ENTRANCE OF A COMMERCIAL INFECTIOUS WASTE INCINERATION FACILITY DURING ANY PERIOD THE FACILITY ONSITE HEALTH INSPECTOR DETERMINES THE FACILITY IS OPERATING IN VIOLATION OF ANY APPLICABLE STATE LAW OR REGULATION GOVERNING THE OPERATION OF THE FACILITY AND TO REQUIRE THE FLAG TO BE FLOWN CONTINUOUSLY UNTIL THE INSPECTOR CERTIFIES THAT THE FACILITY IS IN COMPLIANCE, TO PROVIDE THAT THESE FLAG DETERMINATIONS ARE NOT DEPARTMENTAL DETERMINATIONS OF COMPLIANCE, AND TO PROVIDE THAT FAILURE TO FLY THE FLAG AS REQUIRED IS GROUNDS FOR IMMEDIATE SUSPENSION OF THE FACILITY’S OPERATING PERMIT.

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

SECTION1.Chapter 93, Title 44 of the 1976 Code is amended by adding:

“Section 4493185.If a commercial infectious waste incineration facility is operating in violation of a state law or regulation governing the operation of such facilities, a flag designed by the Department of Health and Environmental Control must be raised and flown on a separate thirtyfoot flagpole located at the main entrance of the facility. The onsite health inspector employed by the department shall make a daily determination as to the compliance status for purposes of this flag. This flag must be flown continuously until the health inspector determines that the facility is in full compliance with state law and regulation. Determination of compliance for purposes of the flag are not determinations by the department with respect to compliance and enforcement. The expenses of the flag and flagpole, and maintenance of these items is the responsibility of the facility’s operating permit holder. Failure to fly the flag as required is grounds for immediate suspension of the facility’s operating permit.”

SECTION2.This act takes effect upon approval by the Governor.

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