South Carolina General Assembly
118th Session, 2009-2010

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H. 4536

STATUS INFORMATION

General Bill
Sponsors: Rep. M.A. Pitts
Document Path: l:\council\bills\agm\19820ab10.docx

Introduced in the House on February 4, 2010
Currently residing in the House Committee on Agriculture, Natural Resources and Environmental Affairs

Summary: Phosphorus and nitrogen

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
    2/4/2010  House   Introduced and read first time HJ-22
    2/4/2010  House   Referred to Committee on Agriculture, Natural Resources 
                        and Environmental Affairs HJ-23

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/4/2010

(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 48-1-82 SO AS TO DEFINE CERTAIN TERMS, TO ESTABLISH EFFLUENT LIMITATIONS ON PHOSPHORUS AND NITROGEN, AND TO PROVIDE FOR A COMPLIANCE SCHEDULE FOR A PERMITTEE.

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 48-1-82.    (A)    For the purposes of this section:

(1)    'Department' means the Department of Health and Environmental Control.

(2)    'National Pollutant Discharge Elimination System (NPDES)' means a permit program authorized by the Clean Water Act to control water pollution by regulating point sources that discharge pollutants into waters of the United States.

(B)    Notwithstanding another provision of law, an NPDES permit issued by the department shall limit effluents for total phosphorous and total nitrogen in wastewaters discharged to surface waters in this state in an amount equal to:

(1)    0.5 mg/L total phosphorous as a monthly average for publicly owned treatment works and privately owned domestic sewage works subject to Regulation 61-9, subject to required modification to 0.5 mg/L total phosphorous as a monthly average on reissuance of the permit; and

(2)    3.0 mg/L total nitrogen as a monthly average for publicly owned treatment works and privately owned domestic sewage works subject to Regulation 61-9, subject required modification to 3.0 mg/L total nitrogen as a monthly average on reissuance of the permit.

(C)    Nothing in this section may affect the department's authority to establish more stringent effluent limitations for phosphorous or nitrogen that it considers necessary to achieve compliance with applicable water quality standards.

(D)    The department shall determine and specify a reasonable compliance schedule in the permittee's NPDES permit when the permit is issued or reissued. The compliance date may not exceed three years following the date on which the permit was issued or reissued, unless the department determines that circumstances beyond the permittee's control, such as an environmental impact statement, require additional time for compliance. In these circumstances, the date for compliance may be extended as the department considers necessary but in no event may the compliance date extend more than five years following the date on which the permit was issued or reissued."

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

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