(A) Not later than one year after this chapter is effective, the department shall promulgate regulations establishing the method for local governments to use in calculating the full cost for solid waste management within the service area of the local government which, at a minimum, shall include the provisions of subsections (C), (D), and (E)of this section. The department shall comply with the requirements of the South Carolina Administrative Procedures Act and notify local government officials of the opportunity to provide input prior to issuing proposed regulations for comment under this article.
(B) Not later than one year after promulgation of the regulations provided in Section 44-96-80(A), and annually thereafter, each local government shall determine its full cost for its solid waste management services within its service area for the previous year. Each local government shall publish annually a notice in a newspaper of general circulation in its service area setting forth the full cost and the cost to residential and nonresidential users, on an average or individual basis of its solid waste management services within its service area for the previous year. In calculating the costs, local governments must include costs charged to them by persons with whom they contract for solid waste management services.
(C) For local governments which provide collection, recycling, transfer station services, or all three services, "full cost" shall, at a minimum, include an itemized accounting of:
(1) the cost of equipment, including, but not limited to, trucks, containers, compactors, parts, labor, maintenance, depreciation, insurance, fuel and oil, and lubricants for equipment maintenance;
(2) the cost of overhead, including, but not limited to, supervision, payroll, land, office and building costs, personnel and administrative costs of running the waste management program, and support costs from other departments, government agencies, and outside consultants or firms;
(3) the cost of employee social security, worker's compensation, pension and health insurance payments; and
(4) disposal cost and laboratory and testing costs.
(D) For local governments which provide disposal services, "full cost" shall, at a minimum, include an itemized accounting of:
(1) the cost of land, disposal site preparation, permits and licenses, scales, buildings, site maintenance and improvements;
(2) the cost of equipment, including operation and maintenance costs such as parts, depreciation, insurance, fuel and oil, and lubricants;
(3) the cost of labor and overhead, including, but not limited to, supervision, payroll, office and building costs, personnel and administrative costs of running the waste management program, and support costs from, and studies provided by, other departments, government agencies, and outside consultants or firms;
(4) the cost of employee social security, worker's compensation, pension and health insurance payments; and
(5) disposal costs, leachate collection and treatment costs, site monitoring costs, including, but not limited to, sampling, laboratory and testing costs, environmental compliance inspections, closure and postclosure expenditures, and escrow, if required.
(E) For purposes of this section, "service area" means the area in which the local government provides, directly or by contract, solid waste management services.
(F) A person operating under an agreement to collect or dispose of solid waste within the service area of a local government or region shall assist and cooperate with the local government or region to make the calculations or to establish a system to provide the information required under this section. However, contracts entered into prior to the effective date of this chapter are exempt from the provisions of this section.
HISTORY: 1991 Act No. 63, Section 1.
Structure South Carolina Code of Laws
Chapter 96 - South Carolina Solid Waste Policy And Management Act
Section 44-96-10. Short title.
Section 44-96-20. Findings; purposes.
Section 44-96-30. Applicability.
Section 44-96-40. Definitions.
Section 44-96-50. State solid waste management policy and goals.
Section 44-96-85. Solid Waste Emergency Fund.
Section 44-96-90. Full cost disclosure.
Section 44-96-105. Promulgation of regulations.
Section 44-96-110. Establishment of the Office of Solid Waste Reduction and Recycling.
Section 44-96-130. Solid Waste Management Grant Program.
Section 44-96-150. Packaging; plastics.
Section 44-96-165. Independent audits of trust funds.
Section 44-96-170. Waste tires.
Section 44-96-180. Lead-acid batteries.
Section 44-96-190. Yard trash; compost.
Section 44-96-200. White goods.
Section 44-96-220. Uniform Department of Revenue collection and enforcement methods apply.
Section 44-96-235. Severability.
Section 44-96-240. Findings; purposes.
Section 44-96-250. Definitions.
Section 44-96-260. Powers and duties of the department.
Section 44-96-270. Department report on regional solid waste management facilities.
Section 44-96-280. Powers of the commissioner.
Section 44-96-290. Permitting.
Section 44-96-300. Disclosure statements by permit applicants.
Section 44-96-310. Research, development, and demonstration permits.
Section 44-96-320. Solid waste landfills.
Section 44-96-325. Commercial industrial solid waste landfill; location.
Section 44-96-330. Minimum requirements for new and existing municipal solid waste landfills.
Section 44-96-340. Solid waste incinerators.
Section 44-96-350. Minimum requirements for the management of municipal solid waste incinerator ash.
Section 44-96-360. Solid waste processing facilities.
Section 44-96-370. Storage and transfer of solid waste.
Section 44-96-390. Approval procedures for special wastes.
Section 44-96-410. Inspections; samples.
Section 44-96-420. Issuance, modification, or revocation of orders to prevent violations of chapter.
Section 44-96-440. Unlawful acts.
Section 44-96-450. Violations; penalties.
Section 44-96-460. Training of operators of solid waste management facilities.