South Carolina General Assembly
113th Session, 1999-2000

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Bill 591


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      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

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(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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