South Carolina General Assembly
117th Session, 2007-2008

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H. 4199

STATUS INFORMATION

General Bill
Sponsors: Rep. Gullick
Document Path: l:\council\bills\ggs\22918ab07.doc

Introduced in the House on May 31, 2007
Currently residing in the House Committee on Agriculture, Natural Resources and Environmental Affairs

Summary: Landfills

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   5/31/2007  House   Introduced and read first time HJ-14
   5/31/2007  House   Referred to Committee on Agriculture, Natural Resources 
                        and Environmental Affairs HJ-14

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

5/31/2007

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

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-96-85 SO AS TO PROVIDE THAT THE GOVERNING BODY OF A COUNTY HAS THE SOLE AUTHORITY TO DETERMINE WHETHER THE CONSTRUCTION OF A NEW LANDFILL IN THE COUNTY MAY BE PERMITTED AND WHETHER A LANDFILL EXISTING IN THE COUNTY MAY BE PERMITTED TO EXPAND, AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY NOT ISSUE A PERMIT ALLOWING THE CONSTRUCTION OF A NEW LANDFILL OR THE EXPANSION OF AN EXISTING LANDFILL WITHOUT APPROVAL BY THE GOVERNING BODY OF THE COUNTY IN WHICH THE PROPOSED CONSTRUCTION OR EXPANSION WOULD OCCUR.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Article 1, Chapter 96, Title 44 of the 1976 Code is amended by adding:

"Section 44-96-85.    Notwithstanding another provision of law:

(1)    The governing body of a county has the sole authority to determine whether the construction of a new landfill in that county may be permitted and whether a landfill existing in that county may be permitted to expand its capacity.

(2)    The department may not issue a permit allowing the construction of a new landfill or the expansion of an existing landfill without approval by the governing body of the county in which the proposed construction or expansion would occur."

SECTION    2.    This act takes effect upon approval by the Governor.

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