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COMMITTEE REPORT
April 15, 1999
S. 591
Introduced by Senators McConnell, Ravenel, Hutto, Leventis and Cork
S. Printed 4/15/99--S.
Read the first time March 11, 1999.
To whom was referred a Bill (S. 591), to amend Chapter 1, Title 48 of the Code of Laws of South Carolina, 1976, relating to the Pollution Control Act, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/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. 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 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.
(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.
(D) The department, the Department of Natural Resources, and the United State Environmental Protection Agency must approve the methodology employed in the study required by subsection (C).
(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 (C):
(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; 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.
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 (C). After consideration of these comments, the department, the Department of Natural Resources, and the Environmental Protection Agency must concur on the final design before initiation of a study. Justification of any objection to the study design must be based solely on scientific considerations.
(F) The department shall provide the following agencies sixty days to review and comment on the results of the studies required in (C):
(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; 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.
After consideration of these comments, the department, the Department of Natural Resources, and the Environmental Protection Agency must concur that the results of the study to allow the deficit to be implemented. Justification of any objection to the results of the study must be based solely on scientific considerations."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
PHIL P. LEVENTIS, for Committee.
TO AMEND CHAPTER 1, TITLE 48 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POLLUTION CONTROL ACT, BY ADDING SECTION 48-1-83 SO AS TO ESTABLISH STATUTORY REQUIREMENTS FOR DISSOLVED OXYGEN DEPRESSIONS IN NATURALLY LOW DISSOLVED OXYGEN WATERBODIES.
Be it enacted by the General Assembly of the State of South Carolina:
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 dissolved oxygen depression in a naturally low dissolved oxygen waterbody unless the requirements of subsections (B), (C), and (D) of this section are all satisfied. 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) The party seeking the dissolved oxygen depression must conduct a study to determine natural dissolved oxygen conditions at the specific site for which the depression is sought. Any such study must include but not be limited to the following:
(1) use an approved methodology that assesses the ability of aquatic resources to tolerate the proposed dissolved oxygen depression;
(2) provide a determination of the location of an appropriate reference site. The reference site is not restricted to the state, but must have similar geography, environmental setting, and climatic conditions;
(3) provide a determination of the number of sampling areas, site specific sampling stations, and replicate samples;
(4) provide a determination of specific sampling techniques depending on the presence and abundance of habitats; and
(5) provide a determination of what critical species will comprise the subset for testing made on a case-by-case basis.
(C) The department, the Department of Natural Resources, and the United States Environmental Protection Agency must approve the methodology employed in the study, following consultation with:
(1) the United States Fish & Wildlife Service;
(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.
(D) The department and the Department of Natural Resources must both review the study and approve the study, and must concur on the findings and conclusions of the study."
SECTION 2. This act takes effect upon approval by the Governor.
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