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COMMITTEE AMENDMENT ADOPTED
January 27, 2005
S. 326
Introduced by Senators Ritchie, Gregory, Sheheen, J. Verne Smith and Ryberg
S. Printed 1/27/05--S.
Read the first time January 25, 2005.
TO AMEND ACT 258 OF 2004, RELATING TO THE AQUATIC LIFE PROTECTION ACT, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS ACT DO NOT APPLY TO ANY NEW, MODIFIED, OR RENEWAL PERMIT CONTAINING WHOLE EFFLUENT TOXICITY (WET) PERMIT LIMITS WHICH WAS DRAFTED AND PENDING ISSUANCE BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL ON THE EFFECTIVE DATE OF THIS ACT, SO LONG AS THE WET PERMIT LIMITS CONTAINED IN THE PERMIT ARE ACCEPTABLE TO THE PERMITTEE.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 3 of Act 258 of 2004 is amended to read:
"Section 3. If at any time after the effective date of this act, the United States Environmental Protection Agency publishes a Notice of Intent in the Federal Register to commence withdrawal of the South Carolina NPDES program as a direct result of this act, the application and enforcement of this act is suspended. In addition, the provisions of this act do not apply to any permit applicant or existing permittee so long as the permittee or permit applicant notifies the South Carolina Department of Health and Environmental Control (DHEC) in writing that it is opting out of this act. Upon receipt by DHEC of such notification, the provisions of this act do not govern any regulatory actions taken by DHEC on the proposed or existing permit."
SECTION 2. This act takes effect upon approval by the Governor.
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