Reference is to Printer's Date 4/30/15-S.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. It is the intent of the General Assembly that no private right of action exists under the Pollution Control Act, as contained in Chapter 1, Title 48. Except as set forth in Section 48-1-90(A)(4), no claim or cause of action alleging a violation of the act may be filed in a court or administrative tribunal by any person other than the department or an agency, commission, department, or political subdivision of the State on or after June 6, 2012.
SECTION 2. Section 48-1-90(A)(4) of the 1976 Code is amended to read:
"(4)
A Any person, other than
the department or an agency, commission, department, or
political subdivision of the State, asserting that a person is
in violation of this section 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, provided
that the proposed or existing discharge is not exempt or
excluded from permitting as is set forth in
subsection (A)(2). The person proposing to emit or emitting such
discharge must be named on and served with the petition. The
department must issue, within sixty days after receipt of
such petition, issue a declaratory ruling as to
the applicability of such program to such discharge. If the
department determines a permit is required under such program
and that no exception or exclusion exists,
including, but not limited to, the exceptions set forth in
subsection (A)(2), the department must issue a declaration
requiring the submission of an application to permit such
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 such unpermitted
discharge, the department may further declare the existence of
an emergency and order such action as the department deems
necessary to address the emergency. Any person to whom such
emergency order is directed may apply directly to the
Administrative Law Court for relief and must be afforded a
hearing within forty-eight seventy-two
hours. Regardless of whether a hearing is held, the department
must revoke all emergency orders as soon as conditions or
operations change to the extent that an emergency no longer
exists. A party contesting any department decision on a petition
may request a contested case hearing in the Administrative Law
Court. Any decision of the department with respect to which
review could have been, but was not, obtained under this item is
not subject to judicial review in any civil proceeding.
Notwithstanding the administrative remedy provided for in this
section, no private cause of action is created by or exists
under this chapter."
SECTION 3. Section 6 of Act 198 of 2012 is amended to read:
"SECTION 6. The
repeal or amendment by this act of any law or any other
provision contained in this act, 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 (1) 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 June 6, 2012, and (2) for any
commercial hazardous waste storage, treatment, and landfill
facility managed or operated by a trust for which the State of
South Carolina or its department or agency serves as a trustee
or beneficiary for such hazardous waste facility, and for
any such project, or hazardous waste facility, the
Pollution Control Act remains in full force and effect as it
existed prior to the passage of this act. After the
effective date of this act On and after June 6,
2012, all laws repealed or amended by this act 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 act, 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 act. However, in
regard to subitem (2) herein, no private right of action under
the Pollution Control Act may be brought or lie against such a
trust, its trustee, beneficiary, or interim
administrator."
SECTION 4. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act 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 act, the General Assembly hereby declaring that it would have passed this act, 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.
SECTION 5. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.