South Carolina law addresses dumped solid waste at C&D facilities

South Carolina Bill H. 4644, which establishes the Solid Waste Emergency Fund, was signed into law by Governor Henry McMaster May 8, a report by The Times and Democrat says. The legislation allows the state’s Department of Health and Environmental Control to address environmental concerns caused by mismanaged solid waste, specifically at construction and demolition (C&D) debris processing facilities.

The law provides a funding mechanism, which was achieved without raising any taxes Rep. Chandra Dillard, D-Greenville, says in the report, for the department to use emergency actions in addressing environmental issues caused by dumped solid waste.

“We created the Solid Waste Emergency Fund and we did so without raising any taxes,” Dillard says in the report. “This will close the loophole that allows sham recyclers of construction and demolition debris to let solid waste pile up, which is a threat to the environment and the health of those living nearby. And this will empower local governments in matters of zoning in their communities.”

Currently, C&D debris collectors can get around the required 75 percent by weight recycling requirement by processing mostly concrete and other heavy debris, leaving solid waste to accumulate on-site. The report says the new law required these facilities to recycled at least 75 percent of each separated material type, which closes the loophole, or register with the Department of Health and Environmental Control and obtain a solid waste processing permit.

The law also removes a previous requirement that the department perform a local zoning and land-use ordinance review prior to issuing a solid waste management facility permit, the report says. Instead, a facility will provide the department with proof of compliance with local ordinances when applying for the permit.