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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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