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Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
May 18, 2010
H. 3603
S. Printed 5/18/10--S.
Read the first time January 12, 2010.
To whom was referred a Bill (H. 3603) to amend the Code of Laws of South Carolina, 1976, by adding Section 48-1-65 so as to provide a person who pollutes the waters of this State, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 1, Title 48 of the 1976 Code is amended by adding:
"Section 48-1-65. (A) The department and the treatment works treating domestic sewage shall communicate to the public within forty-eight hours of an incident certain details of every spill of domestic sewage into the waters of this state that exceeds five thousand gallons. The department's communication shall be in the form of posting to the department's internet website, and electronic mail to electronic and written media. Any communication required by this subsection shall include the date of the spill, the approximately location of the spill, the body or bodies or water effected, the entity which owns and operates the facility that generated the spill, the nature of the spill, and the approximate size and the duration of the spill.
(B) Manufacturing facilities who, as an ancillary component of their operations, operate a treatment works treating domestic sewage are exempt from this section."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
HARVEY W. PEELER, JR. for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-65 SO AS TO PROVIDE A PERSON WHO POLLUTES THE WATERS OF THIS STATE AS DEFINED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL GIVE PUBLIC NOTICE OF THE POLLUTION IN A MANNER PRESCRIBED BY THE DEPARTMENT; TO PROVIDE THE BOARD OF THE DEPARTMENT SHALL PRESCRIBE THIS PUBLIC-NOTICE PROCEDURE; TO PROVIDE CERTAIN SPECIFICATIONS THE BOARD MUST INCLUDE IN THIS PUBLIC-NOTICE PROCEDURE; AND TO PROVIDE A VIOLATION IS A MISDEMEANOR SUBJECT TO A FINE, IMPRISONMENT, OR BOTH.
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 48-1-65. (A) Any publicly owned treatment works or privately owned treatment works treating domestic sewage which is responsible for a spill greater than one thousand gallons, as soon as practicable within twelve hours, shall give public notice of the location and extent of the spill.
(B) The board shall prescribe a procedure for this public notice, including a procedure for notification to radio, television, newspaper, and other news outlets by the permit holder, including their website, and notification by publication in a newspaper of general circulation, and other notification considered appropriate by the board including emergency notification of local media outlets, posting relevant notification information on the department's Internet website, and provision of notice by email to a member of the public who has requested this information.
(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars for each day's violation, or imprisoned not more than thirty days, or both."
SECTION 2. This act takes effect upon approval by the Governor.
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