| Printed Page 2960, May 3 | Printed Page 2980, May 3 |

The SPEAKER granted Rep. J. YOUNG a leave of absence for the remainder of the day.

Reps. NEAL, ROGERS and HODGES proposed the following Amendment No. 10, which was tabled.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:

Section 47-20-10. Production and waste areas of confined livestock and poultry facilities must be located:

(1) at least two hundred feet from the center line of public paved roads;

(2) at least one hundred feet from private potable wells;

(3) at least two hundred feet from public potable wells;

(4) at least one hundred feet from a watercourse of the State;

(5) at least fifty feet from a ditch or swale that may cause a water quality or health problem;

(6) at least one thousand feet from occupied or occupiable residences. As used in this item, `residence' includes, but is not limited to, mobile homes, apartments, condominiums, nursing homes, camps, campgrounds, hotels, motels, or similar places people may live. However, the one thousand feet setback is waived with the consent of the owner of the residence;

(7) when zoning restrictions apply, on property zoned for agricultural uses;

(8) out of the one-hundred-year flood plain unless protected from flooding.

Section 47-20-20. Waste disposal areas of confined livestock and poultry facilities must be located:

(1) at least one hundred feet from a watercourse of the State;

(2) at least one hundred feet from private potable wells;

(3) at least two hundred feet from public potable wells;

(4) at least two hundred feet from occupied or occupiable residences. As used in this item, `residence' is defined as in Section 47-20-10. The two hundred feet setback is waived with the consent of the

(5) at least fifty feet from a ditch or swale that may cause a water quality or health problem;

(6) at least three hundred feet from a public place. As used in this item, `public place' includes schools, churches, and daycare facilities.

(7) when zoning restrictions apply, on property zoned for agricultural uses."

SECTION 2. Section 46-45-30 of the 1976 Code, as amended by Act 442 of 1990, is further amended to read:

"Section 46-45-30. (A) No established agricultural facility or any agricultural operation at an established agricultural facility is or may become a nuisance, private or public, by any changed conditions in or about the locality of the facility or operation if the facility or operation has been in operation for one year or more. The provisions of this section do not apply whenever a nuisance results from the negligent, improper, or illegal operation of an agricultural facility or operation."

SECTION 3. Section 46-45-60 of the 1976 Code, as amended by Act 442 of 1990, is further amended to read:

"Section 46-45-60. An ordinance of a unit of local government that makes the operation of an agricultural facility or an agricultural operation at an agricultural facility a nuisance or providing for abatement as a nuisance in derogation of this chapter is null and void. The provisions of this section do not apply whenever a nuisance results from the negligent, illegal, or improper operation of an agricultural facility. The provisions of this section do not apply whenever a nuisance results from an agricultural facility or agricultural operation at an agricultural facility located within the corporate limits of a city."

SECTION 4. This act takes effect upon approval by the Governor./

Renumber sections and amend title to conform.

Rep. NEAL explained the amendment.

Rep. SHARPE moved to table the amendment, which was agreed to.

Reps. ROGERS, NEAL and HODGES proposed the following Amendment No. 11, which was tabled.

Amend the bill, as and if amended, by deleting Section 3 and inserting:

/SECTION 3. Section 46-45-60 of the 1976 Code, as amended by Act 442 of 1990, is further amended to read:

"Section 46-45-60. (A) An ordinance of a unit of local government that makes the operation of an agricultural facility or an agricultural operation

(B) All ordinances adopted by a county or municipal governing body prior to June 30, 1997, are exempted from the provisions of this chapter."/

Renumber sections and amend title to conform.

Rep. COBB-HUNTER moved to table the amendment, which was agreed to.

Reps. ROGERS, NEAL and HODGES proposed the following Amendment No. 12 , which was tabled.

Amend the bill, as and if amended, by striking all after the enacting words and inserting the following:
/SECTION 1. The 1976 Code is amended by adding:

Section 47-20-10. Production and waste areas of confined livestock and poultry facilities must be located:

(1) at least two hundred feet from the center line of public paved roads;

(2) at least one hundred feet from private potable wells;

(3) at least two hundred feet from public potable wells;

(4) at least one hundred feet from a watercourse of the State;

(5) at least fifty feet from a ditch or swale that may cause a water quality or health problem;

(6) at least one thousand feet from occupied or occupiable residences. As used in this item, `residence' includes, but is not limited to, mobile homes, apartments, condominiums, nursing homes, camps, campgrounds, hotels, motels, or similar places people may live.

(7) when zoning restrictions apply, on property zoned for agricultural uses;

(8) out of the one-hundred-year flood plain unless protected from flooding.

Section 47-20-20. Waste disposal areas of confined livestock and poultry facilities must be located:

(1) at least one hundred feet from a watercourse of the State;

(2) at least one hundred feet from private potable wells;

(3) at least two hundred feet from public potable wells;

(4) at least two hundred feet from occupied or occupiable residences. As used in this item, `residence' is defined as in Section 47-20-10. The two hundred feet setback is waived with the consent of the owner of the residence. However, the owner may not agree to less than one hundred feet;

(5) at least fifty feet from a ditch or swale that may cause a water quality or health problem;

(6) at least three hundred feet from a public place. As used in this item, `public place' includes schools, churches, and daycare facilities.

(7) when zoning restrictions apply, on property zoned for agricultural uses.

Section 47-20-30. Any agricultural facility or operation that is permitted pursuant to this chapter without receiving a permit from the unit of local government with jurisdiction over the site must post conspicuous signs visible from all public roads abutting the site. The signs must be designed to notify all persons of the nature and presence of the operation or facility, and must display a phone number for complaints to DHEC."

SECTION 2. Section 46-45-30 of the 1976 Code, as amended by Act 442 of 1990, is further amended to read:

"Section 46-45-30. (A) No established agricultural facility or any agricultural operation at an established agricultural facility is or may become a nuisance, private or public, by any changed conditions in or about the locality of the facility or operation if the facility or operation has been in operation for one year or more. The provisions of this section do not apply whenever a nuisance results from the negligent, improper, or illegal operation of an agricultural facility or operation.

(B) No proposed agricultural facility or operation may be deemed to be a nuisance, private or public, by any changed conditions in or about the locality of the facility or operation on property unzoned or zoned for agricultural uses."

"Section 46-45-60. (A)An ordinance of a unit of local government that makes the operation of an agricultural facility or an agricultural operation at an agricultural facility a nuisance or providing for abatement as a nuisance in derogation of this chapter is null and void. If all applicable permit requirements established by state or federal law are met, including the guidelines in Chapter 20 of Title 47, for the operation of an agricultural facility in an area unzoned or zoned for agricultural uses, no permit required for establishing or operating the facility may be suspended, denied, or revoked by enforcement of a local ordinance. The provisions of this section do not apply whenever a nuisance results from the negligent, illegal, or improper operation of an agricultural facility. The provisions of this section do not apply whenever a nuisance results from an agricultural facility or agricultural operation at an agricultural facility located within the corporate limits of a city.

(B) All ordinances adopted by a county or municipal governing body prior to June 30, 1997, are exempted form the provisions of this chapter."

SECTION 4. This act takes effect upon approval by the Governor./

Renumber sections and amend title to conform.

Rep. COBB-HUNTER moved to table the amendment, which was agreed to.

Reps. NEAL, ROGERS and HODGES proposed the following Amendment No. 13, which was tabled.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:

Section 47-20-10. Production and waste areas of confined livestock and poultry facilities must be located:

(1) at least two hundred feet from the center line of public paved roads;

(2) at least one hundred feet from private potable wells;

(3) at least two hundred feet from public potable wells;

(4) at least one hundred feet from a watercourse of the State;

(5) at least fifty feet from a ditch or swale that may cause a water quality or health problem;

(7) when zoning restrictions apply, on property zoned for agricultural uses;

(8) out of the one-hundred-year flood plain unless protected from flooding.

Section 47-20-20. Waste disposal areas of confined livestock and poultry facilities must be located:

(1) at least one hundred feet from a watercourse of the State;

(2) at least one hundred feet from private potable wells;

(3) at least two hundred feet from public potable wells;

(4) at least two hundred feet from occupied or occupiable residences. As used in this item, `residence' is defined as in Section 47-20-10. The two hundred feet setback is waived with the consent of the owner of the residence. However, the owner may not agree to less than one hundred feet;

(5) at least fifty feet from a ditch or swale that may cause a water quality or health problem;

(6) at least three hundred feet from a public place. As used in this item, `public place' includes schools, churches, and daycare facilities.

(7) when zoning restrictions apply, on property zoned for agricultural uses."

Section 47-20-30. Any agricultural facility or operation that is permitted pursuant to this chapter without receiving a permit from the unit of local government with jurisdiction over the site must post conspicuous signs visible from all public roads abutting the site. The signs must be designed to notify all persons of the nature and presence of the operation or facility, and must display a phone number for complaints to DHEC."

SECTION 2. Section 46-45-30 of the 1976 Code, as amended by Act 442 of 1990, is further amended to read:

"Section 46-45-30. No established agricultural facility or any agricultural operation at an established agricultural facility is or may become a nuisance, private or public, by any changed conditions in or about the locality of the facility or operation if the facility or operation has been in operation for one year or more. The provisions of this section do not apply whenever a nuisance results from the negligent, improper, or illegal operation of an agricultural facility or operation."

"Section 46-45-60. An ordinance of a unit of local government that makes the operation of an agricultural facility or an agricultural operation at an agricultural facility a nuisance or providing for abatement as a nuisance in derogation of this chapter is null and void. The provisions of this section do not apply whenever a nuisance results from the negligent, illegal, or improper operation of an agricultural facility. The provisions of this section do not apply whenever a nuisance results from an agricultural facility or agricultural operation at an agricultural facility located within the corporate limits of a city.

SECTION 4. This act takes effect upon approval by the Governor./

Renumber section and amend title to conform.

Rep. NEAL explained the amendment.

Rep. SHARPE moved to table the amendment.

Rep. NEAL demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 40 to 18.

Rep. NEAL proposed the following Amendment No. 14, which was tabled.

Amend the bill, as and if amended, by adding the following to Section 1, to read as follows:

/"Section 47-20-30. The party or person proposing an agricultural facility or operation and seeking a permit pursuant to the provisions of this chapter without receiving a permit from the unit of local government with jurisdiction over the site must certify to DHEC that:

(1) All property owners within a five mile radius of the site have been notified of the proposed facility; and

(2) That all members of the legislative delegation representing the county where the proposed facility or operation is to be located have been notified of the pending DHEC permit."/

Renumber sections and amend title to conform.

Rep. NEAL moved to table the amendment, which was agreed to.

Rep. HODGES proposed the following Amendment No. 15, which was tabled.

Amend the bill, as and if amended, by adding the following to SECTION 1, to read as follows:

Renumber sections and amend title to conform.

Rep. HODGES explained the amendment.

Rep. SHARPE moved to table the amendment, which was agreed to.

The SPEAKER granted Rep. G. BROWN a temporary leave of absence.

Rep. HODGES proposed the following Amendment No.16, which was tabled.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:

Section 47-20-10. Production and waste areas of confined livestock and poultry facilities must be located:

(1) at least two hundred feet from the center line of public paved roads;

(2) at least one hundred feet from private potable wells;

(3) at least two hundred feet from public potable wells;

(4) at least one hundred feet from a watercourse of the State;

(5) at least fifty feet from a ditch or swale that may cause a water quality or health problem;

(6) at least one thousand feet from occupied or occupiable residences. As used in this item, `residence' includes, but is not limited to, mobile homes, apartments, condominiums, nursing homes, camps, campgrounds, hotels, motels, or similar places people may live. However, the one thousand feet setback is waived with the consent of the owner of the residence;

(7) when zoning restrictions apply, on property zoned for agricultural uses;

(8) out of the one-hundred-year flood plain unless protected from flooding.

Section 47-20-20. Waste disposal areas of confined livestock and poultry facilities must be located:

(2) at least one hundred feet from private potable wells;

(3) at least two hundred feet from public potable wells;

(4) at least two hundred feet from occupied or occupiable residences. As used in this item, `residence' is defined as in Section 47-20-10. The two hundred feet setback is waived with the consent of the owner of the residence. However, the owner may not agree to less than one hundred feet;

(5) at least fifty feet from a ditch or swale that may cause a water quality or health problem;

(6) at least three hundred feet from a public place. As used in this item, `public place' includes schools, churches, and daycare facilities.

(7) when zoning restrictions apply, on property zoned for agricultural uses."

SECTION 2. Section 46-45-30 of the 1976 Code, as amended by Act 422 of 1990, is further amended to read:

"Section 46-45-30. No established agricultural facility or any agricultural operation at an established agricultural facility is or may become a nuisance, private or public, by any changed conditions in or about the locality of the facility or operation if the facility or operation has been in operation for one year or more. The provisions of this section do not apply whenever a nuisance results from the negligent, improper, or illegal operation of an agricultural facility or operation.

SECTION 3. Section 46-45-60 of the 1976 Code, as amended by Act 442 of 1990, is further amended to read:

"Section 46-45-60. (A) An ordinance of a unit of local government that makes the operation of an agricultural facility or an agricultural operation at an agricultural facility a nuisance or providing for abatement as a nuisance in derogation of this chapter is null and void. If all applicable permit requirements established by state or federal law are met, including the guidelines in Chapter 20 of Title 47, for the operation of an agricultural facility in an area unzoned or zoned for agricultural uses, no permit required for establishing or operating the facility may be suspended, denied, or revoked by enforcement of a local ordinance. The provisions of this section do not apply whenever a nuisance results from the negligent, illegal, or improper operation of an agricultural facility. The provisions of this section do not apply whenever a nuisance results from an agricultural facility or agricultural operation at an agricultural facility located within the corporate limits of a city.

(B) All ordinances adopted by a county or municipal governing body prior to June 30, 1997, are exempted from the provision of this chapter."/

/Renumber sections and amend title to conform.

Rep. HODGES moved to table the amendment, which was agreed to.

Rep. NEAL proposed the following Amendment No.17, which was tabled.

Amend the bill, as and if amended, by adding the following subsection to SECTION 1; and by striking SECTION 3 and inserting the following:

I. Subsection B.is added to SECTION 1 of the bill, as and if amended, to read:
/B. The 1976 Code is further amended as follows:

"Section 47-20-30. Any proposed agricultural facility or operation permitted pursuant to the provisions of this chapter without receiving a permit from the unit of government with jurisdiction over the site shall only be located in an area of the state with a population density of les than ten persons per square mile."/

II. Amend the bill, as and if amended, by striking SECTION 3 and inserting the following:

/SECTION 3. Section 46-45-60 of the 1976 Code, as amended by Act 442 of 1990, is further amended to read:

"Section 46-45-60. (A) An ordinance of a unit of Local Government that makes the operation of an agricultural facility or an agricultural operation at an agricultural facility a nuisance or providing for abatement as a nuisance in derogation of this chapter is null and void. If all applicable permit requirements established by State or Federal La are met, including the guidelines in Chapter 20 of Title 47, for the operation of an agricultural facility in an area unzoned or zoned for agricultural uses, no permit required for establishing or operating the facility may be suspended, denied, or revoked by enforcement of a Local Ordinance. The provisions of this section do not apply wherever a nuisance results from the negligent, illegal, or improper operation of an agricultural facility. The provisions of this section do not apply wherever a nuisance results from an agricultural facility or agricultural operation at an agricultural facility located within the corporate limits of a city.

(B) All ordinances adopted by a county or municipal governing body prior to June 30, 1997, are exempted from the provisions of this Chapter."/

Renumber sections and amend title to conform.

Rep. NEAL moved to table the amendment, which was agreed to.

| Printed Page 2960, May 3 | Printed Page 2980, May 3 |