S*1603 Concurrent Resolution, By I.E. Lourie
 A Concurrent Resolution to express the belief of the General Assembly that the
 Department of Health and Environmental Control and the South Carolina Coastal
 Council in making certifications to the Secretary of the Army under the
 Federal Clean Water Act that nationwide permits issued by him are consistent
 with this State's water quality standards and plans should only consider
 criteria provided in the Federal Clean Water Act.

   06/03/92  Senate Introduced, adopted, sent to House SJ-25
   06/03/92  House  Introduced HJ-80
   06/03/92  House  Referred to Committee on Invitations and Memorial
                     Resolutions HJ-81
   06/04/92  House  Committee report: Favorable Invitations and
                     Memorial Resolutions HJ-46
   06/04/92  House  Amended HJ-48
   06/04/92  House  Adopted HJ-48
   06/04/92  House  Returned to Senate with amendments HJ-48
   06/04/92  Senate Concurred in amendment SJ-124

jic\6702.sd

TO BE PRINTED IN THE HOUSE JOURNAL

June 4, 1992

S. 1603

A CONCURRENT RESOLUTION

TO EXPRESS THE BELIEF OF THE GENERAL ASSEMBLY THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IN MAKING CERTIFICATIONS TO THE SECRETARY OF THE ARMY UNDER THE FEDERAL CLEAN WATER ACT THAT NATIONWIDE PERMITS ISSUED BY HIM ARE CONSISTENT WITH THIS STATE'S WATER QUALITY STANDARDS AND PLANS SHOULD ONLY CONSIDER CRITERIA PROVIDED IN THE FEDERAL CLEAN WATER ACT.

Amend Title To Conform

Whereas, the Federal Clean Water Act prohibits use of land related to water without a permit issued by the authority of the Secretary of the Army; and

Whereas, the Federal Clean Water Act provides for the Secretary of the Army to issue nationwide permits and individual permits; and

Whereas, the Secretary of the Army has issued forty separate nationwide permits to enable all Americans to use their land for ordinary, routine purposes without having to obtain individual permits; and

Whereas, the Federal Clean Water Act provides that no nationwide permit will be effective in any state until that state certifies to the Army that the permit is consistent with that state's water quality standards; and

Whereas, the Federal Clean Water Act also provides that in those states which have a Coastal Zone Management Plan, any nationwide permit will not be effective in a state's coastal zone until that state certifies to the Army that the permit is consistent with that state's plan; and

Whereas, the Department of Health and Environmental Control have made such certifications to the Army, but only in part and conditionally; and

Whereas, to the extent that the Department of Health and Environmental Control have failed to make such certifications totally and unconditionally, they may be treating South Carolinians differently in relation to other Americans in obtaining equal benefit of the nationwide permits, thereby placing at risk South Carolina's economic competitiveness; and

Whereas, the General Assembly believes that certification decisions by the Department of Health and Environmental Control should be based solely on the criteria provided by the Federal Clean Water Act. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the General Assembly, by this resolution, hereby expresses its belief that the Department of Health and Environmental Control in making certifications to the Secretary of the Army under the Federal Clean Water Act that nationwide permits issued by him are consistent with this state's water quality standards and plans should only consider criteria provided in the Federal Clean Water Act.

Be it further resolved that a copy of this resolution be forwarded to the Department of Health and Environmental Control.