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Printed Page 2990, May 3
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| (2) at least two hundred feet from private potable wells;
(3) at least two hundred feet from public potable wells;
(4) at least two 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.
Section 47-20-20. Waste disposal areas of confined livestock and poultry facilities must be located:
(1) at least two hundred feet from a watercourse of the State;
(2) at least two hundred feet from private potable wells;
(3) at least two hundred feet from public potable wells;
(4) at least one thousand 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 one thousand 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."/
Renumber section and amend title to conform.
Rep. NEAL explained the amendment.
Rep. RISER moved to table the amendment, which was agreed to.
Amend the bill, as and if amended, by deleting SECTION 2 and inserting:
/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.
Renumber section and amend title to conform.
Rep. NEAL explained the amendment.
Rep. RISER moved to table the amendment, which was agreed to.
Reps. NEAL, ROGERS and HODGES proposed the following Amendment No. 36, 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. However, the one thousand feet setback is
waived with the consent of the owner of the residence;
(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 3. Section 46-45-60 of the 1976 Code, as amended by Act 442 of 1990,
is further amended to read:
SECTION 4. This act takes effect upon approval by the Governor./
Renumber section and amend title to conform.
Rep. NEAL explained the amendment.
Rep. RISER moved to table the amendment.
Rep. NEAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Boan Brown, H. Carnell Chamblee Cotty Dantzler Delleney Easterday Fair Fleming Fulmer Gamble Harrell Harrison Keegan Kelley Kinon Knotts Koon Law Limehouse Marchbanks Mason McAbee McCraw Meacham Phillips Quinn Rice Riser Robinson Seithel Sharpe Sheheen Simrill Smith, D. Smith, R. Spearman Stoddard Tripp
Trotter Vaughn Waldrop Walker Wells Wilder Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Anderson Baxley Breeland Brown, G. Brown, J. Byrd Cain Cobb-Hunter Cooper Cromer Govan Hallman Harris, J. Harvin Herdklotz Hines Hodges Howard Hutson Jennings Kennedy Keyserling Kirsh Lanford Limbaugh Littlejohn Lloyd McMahand McTeer Moody-Lawrence Neal Neilson Richardson Rogers Sandifer Scott Shissias Stille Thomas Tucker Whipper, L. Whipper, S. Williams
So, the amendment was tabled.
Reps. HODGES, NEAL and ROGERS proposed the following Amendment No. 37, which was tabled.
Amend the bill, as and if amended, by adding the following to SECTION 1, to read as follows; and deleting SECTION 3 and inserting:
/I. The following is added to SECTION 1:
"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 local government with jurisdiction over the site shall only be located in an area of the State with a population density of less than ten persons per square mile."
II. Delete SECTION 3 and insert the following:
SECTION 3. Section 46-45-60 of the 1976 Code, as amended by Act 442 of 1990,
is further amended to read:
Renumber section and amend title to conform.
Rep. HODGES explained the amendment.
Rep. RISER moved to table the amendment, which was agreed to.
Reps. HODGES and ROGERS proposed the following Amendment No. 38, which was tabled.
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 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 form the negligent, illegal, or improper operation of an agricultural facility. The provisions of this section do not apply whenever a nuisance results
(B) The exemption form an ordinance of a unit of local government contained in this section only applies to agricultural facilities or operations that are supplying agricultural products for processing to corporations or entities that have at least ninety-five percent or more South Carolina ownership as certified by the Secretary of State."/
Renumber section and amend title to conform.
Rep. HODGES moved to table the amendment, which was agreed to.
Rep. RICHARDSON proposed the following Amendment No. 39, which was tabled.
Amend the bill, as and if amended, by adding Section 4 on line 12, page 3, which states that "a County without zoning requirements which has a written appeal process for the Planning Committee of the County, including community input on effects of proposed development shall be exempt from this act. The written appeal process shall be uniform throughout South Carolina for all counties lacking required zoning.
Rep. RICHARDSON explained the amendment.
Rep. RISER moved to table the amendment, which was agreed to.
Debate was resumed on Amendment No. 7 by Rep. NEAL.
Rep. NEAL explained the amendment.
Rep. RISER moved to table the amendment.
Rep. ROGERS demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Bailey Brown, H. Carnell Cato Chamblee Dantzler Delleney Easterday Fair Fleming Fulmer Gamble Harrell Haskins Huff Keegan Kelley Kinon Knotts Koon Law
Limehouse Marchbanks Mason McAbee McCraw Meacham Phillips Quinn Rice Riser Robinson Seithel Sharpe Sheheen Smith, D. Smith, R. Spearman Stoddard Townsend Tripp Trotter Vaughn Waldrop Walker Wells Wilkins Witherspoon Wofford Young, A.
Those who voted in the negative are:
Anderson Baxley Breeland Brown, G. Brown, J. Byrd Cain Cave Cobb-Hunter Cooper Cotty Cromer Govan Hallman Harris, J. Harvin Herdklotz Hines Hodges Howard Hutson Jennings Kennedy Keyserling Kirsh Lanford Limbaugh Littlejohn Lloyd Martin McMahand McTeer Neal Neilson Richardson Rogers Sandifer Scott Shissias Simrill Thomas Tucker Whipper, L. Whipper, S. White Wilder Wright
So, the amendment was tabled.
The SPEAKER granted Rep. G. BROWN a leave of absence.
Reps. ROGERS and NEAL spoke against the Bill.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Brown, H. Carnell Cato Cave Chamblee Clyburn Cotty Dantzler Delleney Easterday Fair Fleming Fulmer Gamble Hallman Harrell Harrison Harvin Huff Hutson Keegan Kelley Kennedy Kinon Knotts Koon Lanford Limehouse Marchbanks Mason McAbee McCraw Meacham Phillips Rice Riser Robinson Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, R. Spearman Tripp Trotter Vaughn Waldrop Walker Wells Wilder Wilkins Witherspoon Wofford Wright Young, A.
Those who voted in the negative are:
Anderson Baxley Boan Breeland Brown, J. Brown, T. Byrd Cain Cobb-Hunter Cromer Govan Harris, J. Herdklotz Hines Howard Jennings Keyserling Kirsh Limbaugh Littlejohn Lloyd Martin McTeer Moody-Lawrence Neal Neilson Richardson Rogers Scott Shissias
Stille Thomas Townsend Tucker Whipper, L. Whipper, S.
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. BAXLEY moved that the House do now adjourn.
Rep. WOFFORD demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Anderson Baxley Boan Breeland Byrd Carnell Cave Chamblee Clyburn Cobb-Hunter Delleney Fulmer Govan Hallman Harvin Hines Howard Jennings Kennedy Keyserling Kinon Kirsh Lloyd Martin McAbee McCraw McMahand McTeer Moody-Lawrence Neal Neilson Phillips Richardson Rogers Scott Sheheen Spearman Stille Tucker Whipper, L. Whipper, S.
Those who voted in the negative are:
Allison Bailey Brown, H. Cain Cato Cooper Cotty Cromer Dantzler Easterday Fair Fleming Gamble Harrell Harrison Herdklotz Hodges Huff Hutson Keegan Kelley Knotts Koon Law
Limbaugh Limehouse Littlejohn Marchbanks Mason Meacham Rice Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Townsend Tripp Trotter Vaughn Waldrop Walker Wells Wilder Wilkins Witherspoon Wofford Wright Young, A.
So, the House refused to adjourn.
Printed Page 2990, May 3
| Printed Page 3010, May 3
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