S.C. Code Ann. § 48-46-50 – Appointment of commissioners, alternate commissioners and technical representatives from certain state agencies to Atlantic Compact Commission; restrictions on voting authority of commissioners

(A) The Governor shall appoint two commissioners to the Atlantic Compact Commission and may appoint up to two alternate commissioners. These alternate commissioners may participate in meetings of the compact commission in lieu of and upon the request of a South Carolina commissioner. Technical representatives from the Department of Health and Environmental Control, the board, the PSC, and other state agencies may participate in relevant portions of meetings of the compact commission upon the request of a commissioner, alternate commissioner, or staff of the compact commission, or as called for in the compact commission bylaws.
(B) South Carolina commissioners or alternate commissioners to the compact commission may not vote affirmatively on any motion to admit new member states to the compact unless that state volunteers to host a regional disposal facility.
(C) Compact commissioners or alternate commissioners to the Atlantic Compact Commission may not vote to approve a regional management plan or any other plan or policy that allows for acceptance at the Barnwell regional disposal facility of more than a total of 800,000 cubic feet of waste from Connecticut and New Jersey.
(D) South Carolina's commissioners or alternate commissioners to the compact commission shall cast any applicable votes on the compact commission in a manner that authorizes the importation of waste into the region for purposes of disposal at a regional disposal facility in South Carolina so long as importation would not result in the facility accepting more than the following total volumes of all waste:
1. (1) 160,000 cubic feet in fiscal year 2001;
2. (2) 80,000 cubic feet in fiscal year 2002;
3. (3) 70,000 cubic feet in fiscal year 2003;
4. (4) 60,000 cubic feet in fiscal year 2004;
5. (5) 50,000 cubic feet in fiscal year 2005;
6. (6) 45,000 cubic feet in fiscal year 2006;
7. (7) 40,000 cubic feet in fiscal year 2007;
8. (8) 35,000 cubic feet in fiscal year 2008.
  South Carolina's commissioners or alternate commissioners shall not vote to approve the importation of waste into the region for purposes of disposal in any fiscal year after 2008.
  UNDER FORMER Section
  In general 1
  1. In general
  Provisions of the Southeastern Low-Level Radioactive Waste Management Compact, Sections 48-47-10 et seq., did not violate S.C. Const. Art. III, Section 17 where the provisions were inherently related to appropriations matters as they were necessary to effectuate the legislative intent in allowing the landfill to remain open to out-of-state waste in order to generate further revenue. (Decided under former sections 48-47-10 et seq.) Keyserling v. Beasley (S.C. 1996) 322 S.C. 83, 470 S.E.2d 100.