H 3730 Session 110 (1993-1994)
H 3730 General Bill, By J.M. Baxley, G. Brown, J. Brown, Canty, R.S. Corning,
Delleney, Harvin, B.H. Harwell, D.N. Holt, M. McLeod, I.K. Rudnick,
E.C. Stoddard and Wilder
Similar(S 908)
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
48-1-105 so as to provide notice requirements for persons permitted by the
Department of Health and Environmental Control to discharge toxic waste into
the waters of this State.
03/17/93 House Introduced and read first time HJ-6
03/17/93 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-6
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 48-1-105 SO AS TO PROVIDE NOTICE
REQUIREMENTS FOR PERSONS PERMITTED BY THE
DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
TO DISCHARGE TOXIC WASTE INTO THE WATERS OF THIS
STATE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 48-1-105. (A) A person who discharges waste into
the waters of this State and is required to obtain a permit pursuant to
Section 48-1-100 shall post a conspicuous and legible sign near the point
of discharge disclosing in clear and concise language the chemical
names of the pollutants discharged if the discharge contains toxic
pollutants identified by the United States Environmental Protection
Agency pursuant to Section 307(a)(1) of the Federal Water Pollution
Control Act and listed in Regulation 61-68. The following must be
printed on the sign: `PUBLIC NOTICE: (Name of Permittee)
DISCHARGES THE FOLLOWING TOXIC POLLUTANTS INTO
THIS WATER: (chemical names) '. The sign also must list
the name and telephone number of a person at the permittee's place of
business whom the public may contact for further information. The sign
must be placed near enough to the point of discharge so as to be visible
and legible approximately fifty feet away from the point by persons on
or near the water. The sign must be updated periodically to conform to
any changes in the information required to be on the sign.
(B) Failure to post a sign required by this section voids a permit
issued pursuant to Section 48-1-100 and may subject the permittee to
penalties of not less than fifty nor more that one thousand dollars a day.
Each day the sign is not posted constitutes a separate violation. The
Attorney General or the district attorney having jurisdiction in the
county where the violation occurs shall enforce this section by civil
action in a court of competent jurisdiction.
(C) A citizen of this State also may bring civil action in a court of
competent jurisdiction to enforce compliance with this section. This
action may be commenced sixty days after the plaintiff gives written
notice of the alleged violation to the violator, the permitting agency, and
the Attorney General or the appropriate district attorney. Under this
action the court may order a sign to be posted pursuant to this section or
may give the plaintiff access to the area to post and maintain the sign.
The plaintiff may use the permittee's permit, toxic release inventory
reports, or other documents considered relevant and appropriate by the
court to gather the necessary information to print the sign. The court
may award the plaintiff damages sufficient to research, post, and
maintain the sign in addition to the penalties provided in this
section."
SECTION 2. A sign required pursuant to Section 48-1-105 of the 1976
Code added in Section 1 must be posted within thirty days of the
effective date of this act.
SECTION 3. This act takes effect upon approval by the Governor.
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