South Carolina Legislature MobileReference is to Printer's Date 5/25/12-H.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. A. Section 48-1-90 of the 1976 Code is amended to read:
"Section 48-1-90.
(a)(A)(1)
It shall be 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 as 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)
discharges for which the department
has no regulatory permitting program;
(c)
discharges exempted by the department from
permitting requirements; or
(d)
normal farming, silviculture, aquaculture,
ranching, and wildlife habitat management activities that are
not prohibited by or otherwise subject to regulation.
(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.
accidental discharges or spills.
(4)
A person must first petition the department in
writing for a declaratory ruling as to the applicability of a
specific, existing regulatory program to a proposed or existing
discharge into the environment, if the proposed or existing
discharge is not exempt or excluded from permitting pursuant to
Section 48-1-90(A)(2). The person proposing to emit or emitting
the discharge must be named on and served with the petition.
Within sixty days after receipt of the petition, the department
shall issue a declaratory ruling as to the applicability of the
program to the discharge. If the department determines a permit
is required under the program and that no exception or exclusion
exists, including, but not limited to, the exceptions provided
for in Section 48-1-90(A)(2), the department shall issue a
declaration requiring the submission of an application to permit
the discharge pursuant to the applicable permitting program. If
the department further determines that immediate action is
necessary to protect the public health or property due to the
unpermitted discharge, the department may further declare the
existence of an emergency and order action as the department
considers necessary to address the emergency. A person to whom
the emergency order is directed may apply directly to the
Administrative Law Court for relief and must be afforded a
hearing within forty-eight hours. Regardless of whether a
hearing is held, the department shall revoke all emergency
orders as soon as conditions or operations change to the extent
that an emergency no longer exists. A party contesting a
department decision on a petition may request a contested case
hearing in the Administrative Law Court. Notwithstanding the
administrative remedy provided for in this section, no private
cause of action is created by or exists under this chapter.
(b)(B)(1)
Any A person who
discharges organic or inorganic matter into the waters of this
State as described in subsection (a) to the extent that the
fish, shellfish, aquatic animals, wildlife or plant life
indigenous to or dependent upon the receiving waters are
damaged or destroyed or any property
are is damaged or destroyed
shall be is liable to the State for
such 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."
B. Section 48-1-130 of the 1976 Code is amended to read:
"Section 48-1-130.
Any A person
discharging sewage, industrial waste or other waste or air
contaminant into any of the waters or
ambient air environment of the State, in such
manner or quantity as to cause pollution, without regard to
the time that such the discharge began
or whether such or not the continued
discharge has been by virtue of a permit issued by the
Department, shall discontinue the discharge of such
sewage, industrial waste or other wastes into, or in such manner
or quantity as to cause pollution of, the waters of the State
upon receipt of a final order of the Department issued pursuant
to the provisions of this chapter. But in the case of such
discharges, except those discharges causing an actual or
potential hazard to public health, no final order of
discontinuance of discharge shall be entered until a reasonable
time after service of an order of the Department determining
that such discharge constitutes pollution in contravention of
the standards adopted by the Department and directing the
alleged polluter to take such steps as may be necessary to abate
the polluting content of such discharge to conform to the
standards of the Department. An order is subject to
review pursuant to Section 44-1-60 and the Administrative
Procedures Act. This section does not abrogate any of the
department's emergency powers."
C. 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. No private cause of action is
created by or exists under this chapter. 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."
D. (A) There is created
the "Isolated Wetlands and Carolina Bays Task Force"
to review, study, and make recommendations concerning issues
related to isolated wetlands and Carolina Bays in South
Carolina. The task force must be comprised of the following
members:
(1)
the Chairman of the Senate Agriculture and Natural
Resources Committee, ex officio, or his designee, who shall
serve as chairman;
(2)
the Chairman of the House of Representatives Agriculture,
Natural Resources and Environmental Affairs Committee, ex
officio, or his designee, who shall serve as vice-chairman;
(3)
one member representing the South Carolina Chamber of
Commerce;
(4)
one member representing the Coastal Conservation League;
(5)
one member representing the Conservation Voters of South
Carolina;
(6)
one member representing the South Carolina Association of
Realtors;
(7)
one member representing the South Carolina Association of
Homebuilders, upon consultation with the South Carolina
Association of General Contractors;
(8)
one member representing the South Carolina Farm Bureau;
(9)
one member representing the South Carolina Manufacturer's
Alliance;
(10)
one member representing the South Carolina Chapter of the
Sierra Club;
(11)
one member representing the South Carolina Wildlife
Federation;
(12)
one member representing the Environmental Law Project; and
(13)
one member representing the utilities industry.
(B) The task force
shall meet as soon as practicable after the effective date of
this act for organizational purposes.
(C) The members of the
task force shall serve without compensation and may not receive
mileage or per diem.
(D) Vacancies on the
task force must be filled in the same manner as the original
appointment.
(E) The task force
shall compile a comprehensive inventory of existing data and
information regarding Carolina Bays and isolated wetlands in
South Carolina. The inventory, as far as possible, must identify
the number, distribution, size, description, and characteristics
of the Carolina Bays and isolated wetlands throughout the State.
The task force also shall compile a glossary of standard terms
and definitions used when describing Carolina Bays and isolated
wetlands, their various types, and characteristics.
(F) During its review
and study of Carolina Bays and isolated wetlands, and in its
findings and recommendations, the task force shall consider at a
minimum:
(1)
the biological, hydrological, ecological, and economic
values and services of Carolina Bays and isolated wetlands;
(2)
prior disturbances of Carolina Bays and isolated wetlands
and the cumulative impacts of disturbances to isolated wetlands
and their functions;
(3)
methods to avoid adverse impact on Carolina Bays and
isolated wetlands;
(4)
methods to minimize adverse impact on Carolina Bays and
isolated wetland functions that can be avoided;
(5)
manner of compensation for any loss of Carolina Bays and
isolated wetland functions that cannot be avoided or minimized;
(6)
methods to provide public notice of wetlands permitting
applications;
(7)
the utility of using a general permitting program for
Carolina Bays and isolated wetlands disturbance, where
practical;
(8)
the proper balance between the economic development value
of a proposed permitted activity and the impact on Carolina Bays
and isolated wetlands;
(9)
achieving a goal of "no net loss" wetlands;
(10)
concerning proposals to impact Carolina Bays and isolated
wetlands, including those appearing to be geographically
isolated, the aggregate benefits and services of similarly
situated wetlands in the watershed;
(11)
concerning mitigation for Carolina Bays and isolated
wetland impacts, whether a watershed based approach should be
followed in order to replace wetland functions and services
where they are most needed in the impacted watershed; and
(12)
whether, and the extent to which, the standards used by
the Department of Health and Environmental Control in evaluating
discharges to federal wetlands can and should be used for
non-federal wetlands.
(G) The task force
shall submit a report of its findings and recommendations
related to Carolina Bays to the General Assembly on January 2,
2013. The task force shall submit a report of its findings and
recommendations related to isolated wetlands on July 2, 2013, at
which time the study committee is abolished.
(H) The staffing for
the task force must be provided by the appropriate committees or
offices of the Senate and House of Representatives. The task
force may utilize staff of other government agencies with
relevant issue area expertise upon request.
E. The term "permit" as used in the Pollution Control Act is inclusive and intended to mean all permits, certifications, determinations, or other approvals required by law issued by the department, consistent with the definition of "license" as found in Chapter 23, Title 1 of the Administrative Procedures Act.
F. The repeal or amendment by this section of any law or any other provision contained in this section, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, liabilities, or rights and does not amend or repeal any provisions of the South Carolina Pollution Control Act for any federal project for which a final Environmental Impact Statement has been issued but no subsequent record of decision has been issued as of the date of this enactment and for any such project, the Pollution Control Act remains in full force and effect as it existed prior to the passage of this section. After the effective date of this act, all laws repealed or amended by this section must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this section, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws or other provisions contained in this section.
G. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this section is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this section, the General Assembly hereby declaring that it would have passed this section, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
H. This section takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.