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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 55, TITLE 44 SO AS TO ESTABLISH EXCESSIVE INFILTRATION STANDARDS FOR SATELLITE SEWERS, PROVIDE FOR DEFINITIONS, AND PROVIDE CIVIL PENALTIES FOR NONCOMPLIANCE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 55, Title 44 of the 1976 Code is amended by adding:
Section 44-55-310. Satellite sewer systems (satellite), as defined in Section 44-55-320(4), serves a great purpose in protecting public health, preserving environmental quality, and facilitating economic development. It appears, however, that if not properly operated and maintained, satellite collection systems are inundated with wet weather flows which overwhelm the capacity of the collection lines, the trunk lines into which those lines feed, and ultimately of the wastewater treatment plants regulated by the National Pollutant Discharge Elimination System (NPDES) permits held by other sewer holders, as defined in Section 44-55-320(3). The reduction of excessive infiltration and inflow, as defined in Section 44-55-320(2), is essential to assure that public funds are not spent building lines and wastewater treatment plants to treat unpolluted stormwater. It is prudent to set certain specific standards for guidance and enforcement, especially in highly populated counties where the holder operates numerous wastewater treatment plants serving multiple counties.
Section 44-55-320. For purposes of this article:
(1) 'Babbitt Equation' means the standard set forth in the Water Environmental Federation Manual of Practice No. 9 and American Society of Civil Engineers Manual of Engineering Practice No. 37, 1976 Edition.
(2) 'Excessive infiltration and inflow' means a peak wet weather flow in excessive of the Babbitt Equation from a satellite sewer line where it discharges into a holder's line.
(3) 'Holder' means an entity that holds the NPDES permit for a wastewater treatment plant into which the wastewater of the satellite ultimately flows for treatment.
(4) 'Satellite' means a sewer system as defined in the Department of Health and Environmental Control (DHEC) Regulation 610.1, et seq.
Section 44-55-330. (A) Within thirty days of the effective date of this article, a satellite sending water and wastewater to a holder operating more than five wastewater treatment plants serving a multi-county area, shall prepare and submit to DHEC and the holder a work plan to reduce excessive infiltration and inflow. The work plan must address the entire system and initially cover a fifteen-year period from the effective date of this article.
(B) The satellite shall prepare and deliver to the holder and DHEC quarterly reports on its efforts to reduce excessive infiltration and inflow. The report must include a prioritization of corrections to be made within the system and the progress made on the work plan during that quarter.
(C) If a satellite's work plan fails to reduce excessive infiltration and inflow in its system, the holder, after notice, may:
(1) assess civil penalties not to exceed ten thousand dollars each day and charge the satellite for the detection and treatment of excessive infiltration and inflow. Charges related to a holder's costs incurred includes, without limitation, a demand charge for excessive infiltration and inflow above the threshold of the Babbitt Equation until compliance is achieved;
(2) elect to exercise the right of entry to inspect and repair the collection lines of the satellite. The satellite shall reimburse the holder for all related inspection and repair costs. Charges are due and payable upon demand."
SECTION 2. Nothing in this act limits the Department of Health and Environmental Control's continuing regulatory authority. The provisions added pursuant to the provisions of this act are in addition to all other remedies. The provisions of this act may be enforced by a holder through the holder's regulatory proceedings.
SECTION 3. This act takes effect upon approval by the Governor.
This web page was last updated on Monday, June 22, 2009 at 2:42 P.M.