2017 South Carolina Code of Laws
Title 48 - Environmental Protection and Conservation
CHAPTER 46 - ATLANTIC INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT IMPLEMENTATION ACT
Section 48-46-30. Definitions.
As used in this chapter, unless the context clearly requires a different construction:
(1) "Allowable costs" means costs to a disposal site operator of operating a regional disposal facility. These costs are limited to costs determined by standard accounting practices and regulatory findings to be associated with facility operations.
(2) "Atlantic Compact" means the Northeast Interstate Low-Level Radioactive Waste Management Compact as defined in the "Omnibus Low-Level Radioactive Waste Compact Consent Act of 1985", Public Law 99-240, Title II. Use of the term "Atlantic Compact" does not change in any way the substance of and is to be considered identical to the Northeast Interstate Low-Level Radioactive Waste Management Compact.
(3) "Atlantic Compact Commission" or "compact commission" means the governing body of the Atlantic Compact, consisting of voting members appointed by the governors of Connecticut, New Jersey, and South Carolina.
(4) "Decommissioning trust fund" means the trust fund established pursuant to a Trust Agreement dated March 4, 1981, among Chem-Nuclear Systems, Inc. (grantor), the State Fiscal Accountability Authority (beneficiary as the successor in interest to the South Carolina Budget and Control Board), and the South Carolina State Treasurer (trustee), whose purpose is to assure adequate funding for decommissioning of the disposal site, or any successor fund with a similar purpose.
(5) "Office" means the Office of Regulatory Staff.
(6) "Disposal rates" means the price paid by customers of a regional disposal facility for disposal of waste, including any price schedule or breakdown of the price into discrete elements or cost components.
(7) "Extended care maintenance fund" means the "escrow fund for perpetual care" that is used for custodial, surveillance, and maintenance costs during the period of institutional control and any post-closure observation period specified by the Department of Health and Environmental Control and for activities associated with closure of the site as provided for in Section 13-7-30(4).
(8) "Facility operator" means a public or private organization, corporation, or agency that operates a regional disposal facility in South Carolina.
(9) "Generator" means a person, organization, institution, private corporation, and government agency that produces Class A, B, or C radioactive waste.
(10) "Maintenance" means active maintenance activities as specified by the Department of Health and Environmental Control, including pumping and treatment of groundwater and the repair and replacement of disposal unit covers.
(11) "Nonregional generator" means a waste generator who produces waste within a state that is not a member of the Atlantic Compact, whether or not this waste is sent to facilities located within the Atlantic Compact region for purposes of consolidation, treatment, or processing for disposal.
(12) "Nonregional waste" means waste produced by a nonregional generator.
(13) "Person" means an individual, corporation, business enterprise, or other legal entity, either public or private, and expressly includes states.
(14) "Price schedule" means disposal rates.
(15) "PSC" means the South Carolina Public Service Commission.
(16) "Receipts" means the total amount of money collected by the site operator for waste disposal over a given period of time.
(17) "Regional disposal facility" means a disposal facility that has been designated or accepted by the Atlantic Compact Commission as a regional disposal facility.
(18) "Regional generator" means a waste generator who produces waste within the Atlantic Compact, whether or not this waste is sent to facilities outside the Atlantic Compact region for purposes of consolidation, treatment, or processing for disposal.
(19) "Regional waste" means waste generated within a member state of the Atlantic Compact. Consistent with the regulatory position of the Department of Health and Environmental Control, Bureau of Radiological Health, dated May 1, 1986, some waste byproducts shipped for disposal that are derived from wastes generated within the Atlantic Compact region, such as residues from recycling, processing, compacting, incineration, collection, and brokering facilities located outside the Atlantic Compact region may also be considered regional waste.
(20) "Site operator" means a facility operator.
(21) "South Carolina generator" means a waste generator that produces waste within the boundaries of the State of South Carolina, whether or not this waste is sent to facilities outside South Carolina for purposes of consolidation, treatment, or processing for disposal.
(22) "Waste" means Class A, B, or C low-level radioactive waste, as defined in Title I of Public Law 99-240 and Department of Health and Environmental Control Regulation 61-63, 7.2.22, that is eligible for acceptance for disposal at a regional disposal facility.
HISTORY: 2000 Act No. 357, Section 1; 2014 Act No. 121 (S.22), Pt V, Section 7.EE, eff July 1, 2015.
Effect of Amendment
2014 Act No. 121, Section 7.EE, deleted former paragraph (4), definition of "board"; redesignated former paragraph (5) as (4); in paragraph (4), substituted "State Fiscal Accountability Authority (beneficiary as the successor in interest to the South Carolina Budget and Control Board)" for "South Carolina Budget and Control Board State Fiscal Accountability Authority (beneficiary)"; and added paragraph (5), "office" defined.
