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Current Status Bill Number:View additional legislative information at the LPITS web site.591 Ratification Number:183 Act Number:106 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19990311 Primary Sponsor:McConnell All Sponsors:McConnell, Ravenel, Hutto, Leventis, Cork, Passailaigue Drafted Document Number:l:\s-res\gfm\005diss.kad.doc Date Bill Passed both Bodies:19990622 Date of Last Amendment:19990622 Governor's Action:S Date of Governor's Action:19990630 Subject:Oxygen, dissolved depressions in low dissolved oxygen waterbodies; Health and Environmental Control, Conservation History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 19990721 Act No. A106 ------ 19990630 Signed by Governor ------ 19990624 Ratified R183 House 19990622 Ordered enrolled for ratification House 19990622 Free Conference Committee Report 99 HFCC adopted House 19990622 Free Conference Powers granted, 99 HFCC Loftis appointed Reps. to Committee of Davenport Free Conference Bowers Senate 19990622 Free Conference Committee Report 89 SFCC adopted Senate 19990622 Free Conference Powers granted, 89 SFCC McConnell appointed Senators to Committee Ravenel of Free Conference Hutto House 19990602 Conference powers granted, 98 HCC Davenport appointed Reps. to Committee of Loftis Conference Bowers Senate 19990602 Conference powers granted, 88 SCC McConnell appointed Senators to Committee Ravenel of Conference Hutto Senate 19990602 Insists upon amendment House 19990602 Non-concurrence in Senate amendment Senate 19990601 House amendments amended, returned to House with amendment House 19990528 Read third time, returned to Senate with amendment House 19990527 Read second time, unanimous consent for third reading on Friday, 19990528 House 19990527 Amended House 19990527 Reconsidered vote whereby amended House 19990526 Debate adjourned House 19990526 Reconsidered vote whereby the bill, as amended, was given second reading House 19990526 Amended, read second time House 19990526 Debate adjourned House 19990520 Debate adjourned until Tuesday, 19990525 House 19990519 Debate adjourned until Thursday, 19990520 House 19990518 Debate adjourned until Wednesday, 19990519 House 19990513 Debate adjourned House 19990511 Committee report: Favorable with 20 HANR amendment House 19990427 Introduced, read first time, 20 HANR referred to Committee Senate 19990422 Amended, read third time, sent to House Senate 19990421 Co-Sponsor added by Senator Passailaigue Senate 19990420 Read second time, ordered to third reading with notice of general amendments Senate 19990420 Committee amendment adopted Senate 19990415 Committee report: Favorable with 01 SANR amendment Senate 19990311 Introduced, read first time, 01 SANR referred to Committee Versions of This Bill Revised on April 15, 1999 - Word format Revised on April 20, 1999 - Word format Revised on April 22, 1999 - Word format Revised on May 11, 1999 - Word format Revised on May 26, 1999 - Word format Revised on May 27, 1999 - Word format Revised on June 1, 1999 - Word format Revised on June 22, 1999 - Word format
(A106, R183, S591)
AN ACT TO AMEND CHAPTER 1, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POLLUTION CONTROL ACT, BY ADDING SECTION 48-1-83 SO AS TO ESTABLISH REQUIREMENTS FOR DISSOLVED OXYGEN DEPRESSIONS IN NATURALLY LOW DISSOLVED OXYGEN WATERBODIES AND TO ESTABLISH PROCEDURES FOR OBTAINING A SITE-SPECIFIC EFFLUENT LIMIT RELATED TO DISSOLVED OXYGEN.
Be it enacted by the General Assembly of the State of South Carolina:
Dissolved oxygen concentration depression; procedures to obtain site-specific effluent limit
SECTION 1. Chapter 1, Title 48 of the 1976 Code is amended by adding:
"Section 48-1-83. (A) The department shall not allow a depression in dissolved oxygen concentration greater than 0.10 mg/l in a naturally low dissolved oxygen waterbody unless the requirements of this section are all satisfied by demonstrating that resident aquatic species shall not be adversely affected. The provisions of this section apply in addition to any standards for a dissolved oxygen depression in a naturally low dissolved oxygen waterbody promulgated by the department by regulation.
(B) A party seeking a site-specific effluent limit related to dissolved oxygen pursuant to this section must notify the department in writing of its intent to obtain the depression. Upon receipt of the written notice of this intent, the department shall within thirty days publish a public notice indicating the party seeking the dissolved oxygen depression and the specific site for which the dissolved oxygen depression is sought in addition to the department's usual public notice procedures. The notice shall be in the form of an advertisement in a newspaper of statewide circulation and in the local newspaper with the greatest general circulation in the affected area. If within thirty days of the publication of the public notice the department receives a request to hold a public hearing from at least twenty citizens or residents of the county or counties affected, the department shall conduct such a hearing. The hearing must be conducted at an appropriate location near the specific site for which the dissolved oxygen depression is sought and must be held within ninety days of the publication of the initial public notice by the department.
(C) The department, in consultation with the Department of Natural Resources and the Environmental Protection Agency, shall provide a general methodology to be used for consideration of a site-specific effluent limit related to dissolved oxygen.
(D) The party seeking a site-specific effluent limit related to dissolved oxygen must conduct a study:
(1) to determine natural dissolved oxygen conditions at the specific site for which the depression is sought. The study must use an appropriate reference site. The reference site is not restricted to the State but must have similar geography, environmental setting, and climatic conditions. However, if an appropriate reference site cannot be located, the party may use a site-specific dynamic water quality model or, if available, a site-specific multidimensional dynamic water quality model.
(2) to assess the ability of aquatic resources at the specific site for which the dissolved oxygen depression is sought to tolerate the proposed dissolved oxygen depression.
(E) The department shall provide the following agencies sixty days in which to review and provide comments on the design of the scientific study required in subsection (D):
(1) the United States Fish & Wildlife Service of the United States Department of the Interior;
(2) the United States Geological Survey of the United States Department of the Interior;
(3) the National Ocean Service of the United States Department of Commerce and the National Marine Fisheries Service of the United States Department of Commerce; and
(4) the Department of Natural Resources.
The department and the Department of Natural Resources shall select and convene a science peer review committee to review the design of the study as required by subsection (D). The department and the Environmental Protection Agency must concur on the final design before a study is initiated. Justification of any objection to the study design must be based solely on scientific considerations. Objections to the study design must be provided in writing by the department to the party seeking a site-specific effluent limit related to dissolved oxygen.
(F) The department shall provide the following agencies sixty days to review and comment on the results of the studies required in subsection (D):
(1) the United States Fish and Wildlife Service of the United States Department of the Interior;
(2) the United States Geological Survey of the United States Department of the Interior; and
(3) the National Ocean Service of the United States Department of Commerce and the National Marine Fisheries Service of the United States Department of Commerce.
In order for a site-specific effluent limit related to dissolved oxygen to be implemented pursuant to this section, the department, the Department of Natural Resources, and the Environmental Protection Agency must concur that the results of the study required in subsection (D) justify its implementation. In reaching a decision on the study results, the department and the Department of Natural Resources must base their decision upon the entire record, taking into account whatever in the record detracts from the weight of the decision, and must be supported by evidence that a reasonable mind might accept as adequate to support the decision. Objections to the acceptance of the results of the study must be provided in writing by the department to the party seeking a site-specific effluent limit related to dissolved oxygen."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 24th day of June, 1999.
Approved the 30th day of June, 1999.
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