View Amendment Current Amendment: 4 to Bill 4654 Rep. AGNEW proposes the following Amendment No. 4 to H. 4654 (COUNCIL\AGM\19511AB12):

Reference is to Printer's Date 2/23/12-H.

Amend the bill, as and if amended, Section 48-1-90, as contained in SECTION 1, by deleting the SECTION in its entirety and inserting:

/ SECTION      1.      Section 48-1-90 of the 1976 Code is amended to read:

     "Section 48-1-90.      (a)(A)(1)      It is unlawful for any a person, directly or indirectly, to throw, drain, run, allow to seep, or otherwise discharge into the environment of the State organic or inorganic matter, including sewage, industrial wastes, and other wastes, except in compliance with a permit issued by the department.
           (2)      The permit requirements of subsection (A)(1), Section 48-1-100, and Section 48-1-110 do not apply to:
           (a)      discharges in a quantity below applicable threshold       permitting requirements established by the department;
           (b)      normal farming, silviculture, aquaculture, and ranching activities that are not prohibited by or otherwise subject to regulation under the federal Clean Water Act;
           (c)      discharges of dredged or fill material to wetlands less than 0.5 acres in size; or
           (d)      discharges exempted by the department from permitting requirements.
           (3)      Subsection (A)(2) must not be construed to:
           (a)      impair or affect common law rights;
           (b)      repeal prohibitions or requirements of other statutory law or common law; or
           (c)      diminish the department's authority to abate public nuisances or hazards to public health or the environment, to abate pollution as defined in Section 48-1-10(7), or to respond to accidental discharges or spills.
     (b)(B)(1)      Any A person who discharges organic or inorganic matter into the waters of this State as described in subsection (a) (A) to the extent that the fish, shellfish, aquatic animals, wildlife, or plant life indigenous to or dependent upon the receiving waters or any property are is damaged or destroyed shall be is liable to the State for such the damages as may be proved. The action shall must be brought by the State in its own name or in the name of the department.
           (2)      The amount of any a judgment for damages recovered by the State, less cost costs, shall must be remitted to the agency, commission, department, or political subdivision of the State that has jurisdiction over the fish, shellfish, aquatic animals, wildlife, or plant life or property damaged or destroyed.
           (3)      The civil remedy herein provided shall in subsection (B)(2) is not be exclusive, and any an agency, commission, department, or political subdivision of the State with appropriate authority may undertake in its own name an action to recover such damages as it may deem advisable independent of this subsection."/

Amend the bill further, Section 48-1-250, as contained in SECTION 3, by deleting the SECTION in its entirety and inserting:

/ SECTION      3.      Section 48-1-250 of the 1976 Code is amended to read:

     "Section 48-1-250.      Causes of action resulting from the violation of the prohibitions contained in this chapter inure to and are for the benefit of any person or persons damaged as the result of any such violation. Any person seeking relief under this chapter must show that he has suffered a concrete and particularized injury, that the injury resulted from the conduct complained of, and that the injury will be redressed by a favorable decision. A determination by the department that pollution exists or a violation of any of the prohibitions a prohibition contained in this chapter has occurred, whether or not actionable by the State, create creates no presumption of law or fact inuring to or for the benefit of persons a person other than the State." /

Amend the bill further by deleting SECTION 4 and SECTION 5 of the bill in their entirety.

Renumber sections to conform.
Amend title to conform.