H 3892 Session 124 (2021-2022)
H 3892 General Bill, By Yow, Hewitt, McGarry, M.M.Smith, Jefferson, Wetmore and
Daning
Similar(S 1051) A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS
44-96-295 AND 48-20-45 SO AS TO PROHIBIT THE DEPARTMENT OF HEALTH AND
ENVIRONMENTAL CONTROL FROM ISSUING ANY PERMIT FOR THE CONSTRUCTION OF A SOLID
WASTE MANAGEMENT FACILITY OR FOR MINING ACTIVITIES, RESPECTIVELY, IF LOCATED
WITHIN A CERTAIN PROXIMITY TO A PUBLIC PARK OR OTHER PUBLIC NATURAL AREA.
02/16/21 House Introduced and read first time (House Journal-page 3)
02/16/21 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs
(House Journal-page 3)
02/17/21 House Member(s) request name added as sponsor: McGarry
02/23/21 House Member(s) request name added as sponsor: M.M.Smith
04/20/21 House Member(s) request name added as sponsor: Jefferson
01/27/22 House Member(s) request name added as sponsor: Wetmore
02/09/22 House Member(s) request name added as sponsor: Daning
H. 3892
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 44-96-295 AND 48-20-45 SO AS TO PROHIBIT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FROM ISSUING ANY PERMIT FOR THE CONSTRUCTION OF A SOLID WASTE MANAGEMENT FACILITY OR FOR MINING ACTIVITIES, RESPECTIVELY, IF LOCATED WITHIN A CERTAIN PROXIMITY TO A PUBLIC PARK OR OTHER PUBLIC NATURAL AREA.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 2, Chapter 96, Title 44 of the 1976 Code is amended by adding:
"Section 44-96-295. Notwithstanding any other provision of law to the contrary, the department is prohibited from issuing a permit for construction of any solid waste management facility including, but not limited to, a landfill, a municipal solid waste landfill, a sanitary landfill, or a solid waste disposal facility, pursuant to this article on land located within two miles of any park, preserve, green space, or other protected natural area owned or managed by the United States, the State, a county, a municipality, another political subdivision, or any other public entity."
SECTION 2. Chapter 20, Title 48 of the 1976 Code is amended by adding:
"Section 48-20-45. Notwithstanding any other provision of law to the contrary, the department is prohibited from issuing a certificate of exploration, general mining permit, operating permit, or any other certificate or permit pursuant to this chapter for exploration or mining activities on affected land located within two miles of any park, preserve, green space, or other protected natural area owned or managed by the United States, the State, a county, a municipality, another political subdivision, or any other public entity."
SECTION 3. This act takes effect upon approval by the Governor.
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