Current Status Introducing Body:House Bill Number:4150 Primary Sponsor:D. Elliott Committee Number:20 Type of Legislation:GB Subject:Water and sewer, capacity use areas Residing Body:House Current Committee:Agriculture, Natural Resources, and Environmental Affairs Computer Document Number:DKA/3536.DW Introduced Date:Jan 14, 1992 Last History Body:House Last History Date:Jan 14, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:D. Elliott Corbett M. Martin Altman Type of Legislation:General Bill
Bill Body Date Action Description CMN
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4150 House Jan 14, 1992 Introduced, read first time, 20
referred to Committee
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TO AMEND SECTION 49-5-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DELINEATION AND MODIFICATION OF CAPACITY USE AREAS BY THE WATER RESOURCES COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION MUST MODIFY OR REVOKE FINAL ACTION UPON RECEIPT OF A REQUEST OF A COUNTY, MUNICIPALITY, OR OTHER POLITICAL SUBDIVISION, PROVIDE FOR A PUBLIC HEARING BEFORE THE REQUEST IS SUBMITTED, AND DELETE THE PROCEDURAL REQUIREMENTS FOR MODIFICATION OR REVOCATION OF COMMISSION ACTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 49-5-40(C)(7) of the 1976 Code, as last amended by Act 585 of 1990, is further amended to read:
"(7) Upon completion of public hearings and consideration of relevant comments with respect to any proposed action by the commission pursuant to this section, the commission shall adopt its final action with respect to this matter and publish a notice of its action in the State Register. The commission is empowered to modify or revoke any final action previously taken by it pursuant to the provisions of this section, the modification, or revocation, however, is subject to the procedural requirements of this chapter, including notice and hearing. If the commission finds and orders that a capacity use area must be declared, its order must include a delineation of the boundary of the area, and the commission shall instruct its executive director to prepare proposed regulations consistent with the provisions of this chapter and commensurate with the degree of control needed from among the classes of permissible regulations set forth in Section 49-5-50. The commission may modify or revoke final action taken by it pursuant to this section. Upon receipt of a request by the governing body of a county, municipality, or other political subdivision to modify or revoke final action, the commission shall approve the action requested at the next regularly scheduled commission meeting. The county, municipality, or other political subdivision making the request must have the authority over the water area affected by action of the commission. However, before a request may be submitted to the commission, a public hearing must be held on the proposed modification or revocation. The county, municipality, or other political subdivision shall give notice of the proposed action and the hearing in a newspaper of general circulation in the water area affected not less than thirty days before the date of the hearing."
SECTION 2. This act takes effect upon approval by the Governor.