Coal ash bill
COLUMBIA — State Sen. Larry Martin entered this week cautiously optimistic that a bill designed to keep coal ash out of Pickens County and other counties in the state would receive final passage by the Senate.
He got his wish on Tuesday, as the state Senate passed final reading of the bill, H. 4857.
“The bill was sent back across the hall to the House of Representatives for its consideration of the Senate amendment on the bill,” Martin said Tuesday.
Martin said the House vote was expected Wednesday.
“After the House vote tomorrow, the bill will need to be ratified and then sent to the governor’s desk,” he said. “It’s my intention to have the bill on the governor’s desk before the end of the week.”
The Pickens County Legislative Delegation has expressed opposition to out-of-state company MRR Pickens LLC’s application for a variance to DHEC. That variance, the delegation said, would allow the company to dispose of coal ash in the landfill they said is “much too close” to the City of Liberty and the Pickens County Industrial Park.
Martin and State Rep. Davey Hiott each introduced bills in their respective chambers. Senate Bill 1061, introduced recently, would require any utility that disposes of coal ash in a South Carolina landfill to use a Class 3 landfill.
Martin and Hiott’s bill was referred to the Judiciary Committee, with language added by Martin to the House version.
The Pickens County senator, who said South Carolina utilities use Class 3 landfills and doesn’t see why that also can’t apply to MRR Pickens LLC, said getting second-reading approval of the bill was key. Martin’s legislation also includes a five-year “sunset” provision that would require the Senate to go back and revisit when the time comes.
Assuming the House agrees with the revised bill, which doesn’t appear to be an issue right now, Martin said “it will be off to the races to the governor’s desk.”
“I’ve already talked to her staff, and they say it won’t be an issue,” he said.
Martin said there are 67 Class D landfills across the state, which means there are more than one for each of the 46 counties — none of which are using Class 2 licenses to dispose of coal ash. Unless legislation is passed, the senator said any of those landfills could be converted to coal ash by placing a liner inside.
“I told senators if they didn’t want this in their backyard to vote for the bill so out-of-state companies will be disposing of coal ash in the same manner the in-state companies are doing,” Martin said.
While acknowledging that the contract dispute between Pickens County and the out-of-state company will have to be resolved in court, Martin added the legislation, if passed, “ends the issue of coal ash.”
Hiott said he is optimistic that the manner in which the legislation has been able to avoid opposition so far is a good sign of its potential for final passage.
“We hope it’ll be law before too long,” Hiott said.
On Monday, MRR Pickens LLC hit another roadblock when circuit court judge Robin Stilwell denied the company’s request for an injunction. The company filed for the injunction to allow it to move forward with construction of the landfill for the disposal of coal ash.
According to court documents, Stilwell felt the company failed to show that the Pickens County Planning Commission’s decision to revoke the permit at the site would cause irreparable harm to the company. The planning commission faces a $25 million lawsuit from MRR Pickens LLC. Pickens County hired Gary Poliakoff, an environmental attorney, for the case. According to Poliakoff, Pickens County would still allow the construction of a landfill at the site for construction and demolition debris.
The decision will halt the company from dumping any form of coal ash at the site until the lawsuit with Pickens County is settled.