Printed Page 4730, May 30
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Printed Page 4730, May 30
| Printed Page 4750, May 30
| The following was introduced:
H. 5092 -- Rep. Rice: A CONCURRENT RESOLUTION COMMENDING OUR DISTINGUISHED FORMER COLLEAGUE IN THE GENERAL ASSEMBLY, THE HONORABLE JAMES GEORGE "JIM" MATTOS OF GREENVILLE COUNTY, FOR HIS TEN YEARS OF DEDICATED AND OUTSTANDING SERVICE TO THE PEOPLE OF SOUTH CAROLINA WHILE A MEMBER OF THE HOUSE OF REPRESENTATIVES AND EXTENDING TO HIM AND HIS FAMILY BEST WISHES FOR HAPPINESS AND SUCCESS IN ALL OF THEIR FUTURE ENDEAVORS.
Whereas, for ten years as a member of the House of Representatives, The Honorable James George "Jim" Mattos of Greenville County worked diligently for the betterment of the people of District 26 (Greenville and Pickens Counties) and South Carolina; and
Whereas, Jim Mattos was born in Spartanburg and earned a Bachelor of Arts degree from Furman University in 1955 and a Master's degree in Education from Clemson University in 1972; and
Whereas, Jim served in the United States Army with distinction from 1955-57; and
Whereas, he was a teacher and coach at Berea High School for many years; and
Whereas, in 1978 Jim was honored by being selected as South Carolina Teacher of the Year; and
Whereas, during his career in the House of Representatives, he served on the Joint Committee on Mental Health and Mental Retardation and as Chairman of the Operations and Management Committee and Chairman of the Ways and Means Health and Human Services Subcommittee; and
Whereas, he was well respected in the General Assembly for his commitment to many worthy causes. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly commend our former colleague in the General Assembly, The Honorable James George "Jim" Mattos of Greenville County, for his ten years of dedicated and
Be it further resolved that a copy of this resolution be forwarded to The Honorable James George Mattos.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5093 -- Reps. Felder, Lanford, Carnell and P. Harris: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL ON RECEIVING RENEWAL ACCREDITATION ON ITS PUBLIC HEALTH PROGRAM BY THE COMMUNITY HEALTH ACCREDITATION PROGRAM, INC.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was received.
Columbia, S.C., May 30, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it requests the return of S. 1375:
S. 1375 -- Senator Matthews: A BILL TO PROVIDE THAT ORANGEBURG COUNTY ON JULY 1, 1997, SHALL CONSIST OF THREE CONSOLIDATED SCHOOL DISTRICTS, EACH TO BE COMPOSED OF CERTAIN OF THE EIGHT PRESENT SCHOOL DISTRICTS OF THE COUNTY WITH THESE EIGHT PRESENT SCHOOL DISTRICTS OF THE COUNTY BEING ABOLISHED ON JULY 1, 1997; TO PROVIDE THAT EACH CONSOLIDATED SCHOOL DISTRICT SHALL BE GOVERNED BY A BOARD OF TRUSTEES WHO SHALL BE ELECTED IN NONPARTISAN ELECTIONS ON SPECIFIED DATES; TO PROVIDE FOR THE COMPOSITION AND MANNER OF ELECTION OF EACH CONSOLIDATED BOARD; TO ESTABLISH AN ORANGEBURG
The Bill was ordered returned to the Senate.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 1037 -- Senators Leventis and Washington: A BILL TO AMEND SECTION 16-17-510 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF ENTICING AN ENROLLED CHILD FROM ATTENDANCE IN PUBLIC SCHOOLS, SO AS TO REDUCE THE PENALTY FROM A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT LESS THAN TWO YEARS, OR BOTH, TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS OR IMPRISONMENT FOR NOT LESS THAN THIRTY DAYS, OR BOTH.
Rep. J. YOUNG explained the Bill.
On motion of Rep. McELVEEN, with unanimous consent, it was ordered that S. 1037 be read the third time tomorrow.
The Senate amendments to the following Bill were taken up for consideration.
H. 3446 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-45-70 SO AS TO PROVIDE REQUIREMENTS FOR THE LOCATION OF AGRICULTURAL FACILITIES AND AGRICULTURAL WASTE DISPOSAL AREAS; TO AMEND SECTION 46-45-30, AS AMENDED, RELATING TO THE CIRCUMSTANCES UNDER WHICH AGRICULTURAL FACILITIES AND OPERATIONS ARE NOT NUISANCES, SO AS TO DELETE THE REQUIREMENT THAT THE FACILITY OR OPERATION MUST BE IN OPERATION FOR ONE YEAR OR MORE; AND TO AMEND SECTION 46-45-60, AS AMENDED, RELATING TO LOCAL ORDINANCES PERTAINING TO AGRICULTURAL FACILITIES AND OPERATIONS, SO AS TO PROVIDE FOR THE CONDITIONS UNDER WHICH RELATED PERMITS MUST NOT BE SUSPENDED, DENIED, OR REVOKED.
Rep. KIRSH moved to continue the Bill, which was not agreed to by a division vote of 31 to 47.
Rep. FELDER moved to adjourn debate upon the Senate amendments.
Rep. RICHARDSON moved to table the motion.
Rep. MEACHAM demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Baxley Beck Breeland Brown, J. Byrd Canty Clyburn Cobb-Hunter Cooper Cotty Cromer Davenport Govan Harrell Harris, J. Harris, P. Hines, J. Hines, M. Hodges Howard
Hutson Inabinett Jennings Keegan Kelley Keyserling Lanford Law Limbaugh Limehouse Lloyd Mason McElveen McMahand McTeer Meacham Neal Neilson Richardson Sandifer Sheheen Shissias Simrill Smith, R. Stille Tucker Wells Whipper, L. Whipper, S. Wofford Young Young-Brickell
Those who voted in the negative are:
Bailey Brown, G. Brown, H. Brown, T. Cain Cato Cave Chamblee Dantzler Delleney Easterday Felder Fleming Gamble Kinon Kirsh Klauber Knotts Koon Lee Littlejohn Loftis McAbee McCraw Quinn Rhoad Rice Riser Robinson Sharpe Smith, D. Spearman Stoddard Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Whatley Wilder Wilkes Wilkins Witherspoon Wright
So, the motion to adjourn debate was tabled.
Rep. SHARPE moved immediate cloture on the entire matter.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 47 of the 1976 Code is amended by adding:
Section 47-20-10. As used in this chapter:
(1) `Agricultural facility' means a lot, building, or structure which is used for the commercial production of swine in an animal feeding operation.
(2) `Animal' means a domesticated animal belonging to the porcine species.
(3) `Animal feeding operation' means an agricultural facility where animals are confined and fed or maintained for a total of forty-five days or more in a twelve-month period and crops, vegetative, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility. Structures used for the storage of animal waste from animals in the operation also are part of the animal feeding operation. Two or more animal feeding operations under common ownership or management are considered to be a single animal feeding operation if they are adjacent or utilize a common system for animal waste storage.
(4) `Animal waste' means animal excreta or other commonly associated organic animal wastes including, but not limited to, bedding, litter, feed losses, or water mixed with the waste.
(5) `Annual pollutant loading rate' means the maximum amount of a pollutant that can be applied to a unit area of a waste utilization area during a three hundred sixty-five-day period.
(6) `Cumulative pollutant loading rate' means the maximum amount of a pollutant that can be applied to an area of land.
(7) `Department' means the South Carolina Department of Health and Environmental Control.
(8) `Ephemeral stream' means a stream that flows only in direct response to rainfall or snowmelt in which discrete periods of flow persist no more than twenty-nine consecutive days per event.
(9) `Intermittent stream' means a stream that generally has a defined natural water course which
does not
flow year-round but flows beyond periods of rainfall or snowmelt.
(11) `Vector' means a carrier that is capable of transmitting a pathogen from one organism to another including, but not limited to, flies and other insects, rodents, birds, and vermin.
(12) `Waste storage pond' means a structure used for impounding or storing manure, wastewater, and contaminated runoff as a component of an agricultural waste management system. Waste is stored for a specified period of time, one year or less, and then the pond is emptied.
(13) `Waste Utilization area' means land on which animal waste is spread as a fertilizer.
(14) `Watershed' means a drainage area contributing to a river, lake, or stream.
(15) `Waters of the State' means lakes, bays, sounds, ponds, impounding reservoirs, springs, artesian wells, rivers, perennial and navigable streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial limits of the State, and all other bodies of water, natural or artificial, public or private, inland or coastal, fresh or salt, which are wholly or partially within or bordering the State or within its jurisdiction. This definition does not include ephemeral or intermittent streams. This definition includes wetlands as defined in this section.
(16) `Wetlands' means lands that have a predominance of hydric soil, are inundated or saturated by water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions, and, under normal circumstances, do support a prevalence of hydrophytic vegetation. Normal circumstances refer to the soil and hydrologic conditions that are normally present without regard to whether the vegetation has been removed. Wetlands must be identified through the confirmation of the three wetlands criteria: hydric soil, hydrology, and hydrophytic vegetation. All three criteria must be met for an area to be identified as wetlands.
Section 47-20-20. (A) All siting requirements for animal feeding operations must be measured from property lines.
(B) After June 30, 1996, these setback limits for new or expanded animal feeding operations which utilize a lagoon or a waste storage pond, or both, apply:
(1) For an animal feeding operation with a capacity of 420,000 to 840,000 pounds of normal production animal live weight at any one time, the minimum separation distance required between a lagoon and a waste
(2) For an animal feeding operation with a capacity of 840,001 to 1,260,000 pounds of normal production animal live weight at any one time, the minimum separation distance required between a lagoon and a waste storage pond and real property owned by another person is 1,250 feet. The minimum separation distance required between an agricultural facility and real property owned by another person is 1000 feet.
(3) For an animal feeding operation with a capacity of 1,260,001 to 1,680,000 pounds of normal production live weight at any one time, the minimum separation distance required between a lagoon and a waste storage pond and real property owned by another person is 1,500 feet. The minimum separation distance required between an agricultural facility and real property owned by another person is 1000 feet.
(4) For animal feeding operations with a capacity of more than 1,680,000 pounds of normal production animal live weight at any one time, the minimum separation distance required between a lagoon and a waste storage pond and real property owned by another person is 1,750 feet. The minimum separation distance between an agricultural facility and real property owned by another person is 1000 feet.
(5) The minimum separation distance between a lagoon and a waste storage pond and a public or private drinking water well is 500 feet.
(6) The minimum separation distance required between a lagoon and a waste storage pond and waters of the State is 1,320 feet (1/4 mile). If the waters of the State are designated Outstanding Resource Waters, Critical Habitat Waters of federally endangered species, or Shellfish Harvesting Waters, the minimum separation distance required between a lagoon and a waste storage pond and waters of the State is 2,640 feet (1/2 mile). A minimum 100-foot vegetative buffer of plants and trees is required. However, if an owner or operator of an animal feeding operation has a Natural Resource Conservation Service employee or a state-certified engineer create a waste management plan design to control the discharge from a failed lagoon so that it will not enter waters of the State and certify that the plan has been implemented as specified, then the minimum separation distance between a lagoon and a waste storage pond and waters of the State is 500 feet.
(7) The minimum separation distance between a lagoon and a waste storage pond constructed of concrete to standards outlined in department regulations and waters of the State is 500 feet. If the waters are designated Outstanding Resource Waters, Critical Habitat Waters of
(8) If a lagoon or waste storage pond, or both, breaches or fails in any way, the owner or operator of the animal feeding operation immediately must notify the department and the appropriate local government officials.
(C) The minimum separation distance in feet required between a ditch or swale which drains directly into waters of the State and all animal feeding operations is 100 feet.
(D) No new animal feeding operation or expansion of an established animal feeding operation may be located in the 100-year floodplain unless protected from flooding as provided for in regulations of the Federal Emergency Management Agency and the National Flood Insurance Program on Floodplain Management. Such construction or expansion must be certified by the department.
(E) Streams or rivers used as surface intake for potable water supply may not be used as a receiving stream outflow from animal feeding operations, and there may not be any direct water linkage or flood facility drainage linkage between the animal feeding operation and a stream or river utilized as a supply of drinking water unless waste is treated to drinking water quality standards.
(F) The setback limits are minimum siting requirements. The department shall promulgate regulations specifying factors that the department shall evaluate in determining whether additional separation distances are required under certain circumstances. These factors include, at a minimum:
(1) proximity to 100-year flood plain;
(2) soil type;
(3) location in watershed;
(4) nutrient sensitivity of receiving waters;
(5) proximity to a State Designated Focus Area; Outstanding Resource Water; Heritage Corridor; Historic Preservation District; state or national park or forest; state or federal research area; and privately-owned wildlife refuge, park, or trust property;
(6) proximity to other point and nonpoint sources; and
(7) slope of the land.
Section 47-20-30. A separation distance requirement as provided in Section 47-20-20(1)-(4) does not apply to an animal feeding operation
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