H 4689 Session 112 (1997-1998)
H 4689 General Bill, By Sharpe, Davenport, Limehouse and W. McLeod
A BILL TO AMEND SECTION 44-55-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO DEFINITIONS IN THE SAFE DRINKING WATER ACT, SO AS TO REVISE
AND ADD DEFINITIONS; TO AMEND SECTION 44-55-30, RELATING TO THE DESIGN AND
CONSTRUCTION OF PUBLIC WATER SUPPLIES, SO AS TO CHANGE REFERENCES FROM "WATER
SUPPLIES" TO "WATER SYSTEMS"; TO AMEND SECTION 44-55-40, AS AMENDED, RELATING
TO APPLICATIONS FOR PUBLIC WATER SYSTEM CONSTRUCTION PERMITS, SO AS TO REVISE
VARIOUS REQUIREMENTS, INCLUDING REVISING THE WATER SYSTEMS CLASSIFICATIONS; TO
AMEND SECTION 44-55-45, AS AMENDED, RELATING TO THE ADVISORY COMMITTEE ON
WELLS, SO AS TO CONFORM A REFERENCE TO THE REVISED DEFINITIONS; TO AMEND
SECTION 44-55-50 RELATING TO RECREATIONAL ACTIVITIES IN RESERVOIRS, SO AS TO
REVISE AN EXEMPTION; TO AMEND SECTION 44-55-60, AS AMENDED, RELATING TO
ISSUANCE OF EMERGENCY ORDERS WHERE THERE IS AN IMMINENT HAZARD IN A PUBLIC
WATER SYSTEM, SO AS TO CONFORM TERMS TO REVISED DEFINITIONS; TO AMEND SECTION
44-55-70 RELATING TO PUBLIC NOTICE OF A VIOLATION IN A PUBLIC WATER SYSTEM, SO
AS TO CONFORM TERMS TO REVISED DEFINITIONS; TO AMEND SECTION 44-55-80,
RELATING TO UNLAWFUL ACTS RELEVANT TO PUBLIC WATER SYSTEMS, SO AS TO CONFORM
TERMS TO REVISED DEFINITIONS; TO AMEND SECTION 44-55-90 RELATING TO PENALTIES
AND INJUNCTIVE RELIEF, SO AS TO CLARIFY THE PENALTY FOR CONTINUOUS VIOLATIONS;
TO AMEND SECTION 44-55-120, AS AMENDED, RELATING TO THE SAFE DRINKING WATER
FUND, SO AS TO DELETE THE PROVISION THAT ANNUAL WATER SYSTEM FEES MUST BE
ESTABLISHED ANNUALLY IN THE GENERAL APPROPRIATIONS ACT.
02/25/98 House Introduced and read first time HJ-17
02/25/98 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-17
04/15/98 House Committee report: Favorable with amendment
Agriculture, Natural Resources and Environmental
Affairs HJ-4
04/21/98 House Amended HJ-51
04/21/98 House Read second time HJ-52
04/22/98 House Read third time and sent to Senate HJ-13
04/23/98 Senate Introduced and read first time SJ-5
04/23/98 Senate Referred to Committee on Medical Affairs SJ-5
05/27/98 Senate Committee report: Favorable Medical Affairs SJ-20
05/28/98 Senate Read second time SJ-48
05/28/98 Senate Ordered to third reading with notice of
amendments SJ-48
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
May 27, 1998
H. 4689
Introduced by Reps. Sharpe, Davenport, McLeod and
Limehouse
S. Printed 5/27/98--S.
Read the first time April 23, 1998.
THE COMMITTEE ON MEDICAL AFFAIRS
To whom was referred a Bill (H. 4689), to amend Section 44-55-20,
as amended, Code of Laws of South Carolina, 1976, relating to
definitions in the Safe Drinking Water Act, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass:
THOMAS L. MOORE, for Committee.
A BILL
TO AMEND SECTION 44-55-20, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO
DEFINITIONS IN THE SAFE DRINKING WATER ACT, SO AS
TO REVISE AND ADD DEFINITIONS; TO AMEND SECTION
44-55-30 RELATING TO THE DESIGN AND CONSTRUCTION
OF PUBLIC WATER SUPPLIES, SO AS TO CHANGE
REFERENCES FROM "WATER SUPPLIES" TO
"WATER SYSTEMS"; TO AMEND SECTION
44-55-40, AS AMENDED, RELATING TO APPLICATIONS FOR
PUBLIC WATER SYSTEM CONSTRUCTION PERMITS, SO AS
TO REVISE VARIOUS REQUIREMENTS, INCLUDING
REVISING THE WATER SYSTEMS CLASSIFICATIONS; TO
AMEND SECTION 44-55-45, AS AMENDED, RELATING TO
THE ADVISORY COMMITTEE ON WELLS, SO AS TO
CONFORM A REFERENCE TO THE REVISED DEFINITIONS;
TO AMEND SECTION 44-55-50 RELATING TO
RECREATIONAL ACTIVITIES IN RESERVOIRS, SO AS TO
REVISE AN EXEMPTION; TO AMEND SECTION 44-55-60, AS
AMENDED, RELATING TO ISSUANCE OF EMERGENCY
ORDERS WHERE THERE IS AN IMMINENT HAZARD IN A
PUBLIC WATER SYSTEM, SO AS TO CONFORM TERMS TO
REVISED DEFINITIONS; TO AMEND SECTION 44-55-70
RELATING TO PUBLIC NOTICE OF A VIOLATION IN A
PUBLIC WATER SYSTEM, SO AS TO CONFORM TERMS TO
REVISED DEFINITIONS; TO AMEND SECTION 44-55-80
RELATING TO UNLAWFUL ACTS RELEVANT TO PUBLIC
WATER SYSTEMS, SO AS TO CONFORM TERMS TO REVISED
DEFINITIONS; TO AMEND SECTION 44-55-90 RELATING TO
PENALTIES AND INJUNCTIVE RELIEF, SO AS TO CLARIFY
THE PENALTY FOR CONTINUOUS VIOLATIONS; TO AMEND
SECTION 44-55-120, AS AMENDED, RELATING TO THE SAFE
DRINKING WATER FUND, SO AS TO DELETE THE
PROVISION THAT ANNUAL WATER SYSTEM FEES MUST BE
ESTABLISHED ANNUALLY IN THE GENERAL
APPROPRIATIONS ACT.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 44-55-20 of the 1976 Code, as last amended,
by Act 181 of 1993 is further amended to read:
"Section 44-55-20. (a)(1) 'Board' means
the Board of the South Carolina Board
Department of Health and Environmental Control which
is charged with the responsibility for implementation of
the Safe Drinking Water Act.
(b)(2) 'Director' 'Commissioner'
means the duly constituted director Commissioner
of the Department or his the commissioner's
authorized agent.
(3) 'Construction permit' means a permit issued by the
department authorizing the construction of a new public water system
or for the expansion or modification of an existing public water
system.
(c)(4) 'Contamination' means the adulteration or
alteration of the quality of the water of a waterworks
public water system or water treatment facility by the
addition or deletion of any substance, matter, or constituent
except as authorized pursuant to this article.
(d)(5) 'Cross-connection' means any actual or
potential connection or structural arrangement between a public water
supply system and any other source or system
through which it is possible to introduce into any part of the potable
system any used water, industrial fluid, gas, or substance
other than the intended potable water with which the system is
supplied. Bypass arrangements, jumper connections, removable
sections, swivel or changeover devices, and other temporary
or permanent devices through which or because of which backflow
can or may occur are considered to be cross-connections.
(e)(6) 'Department' means the South Carolina
Department of Health and Environmental Control, including
personnel thereof authorized and empowered by the
Board to act on behalf of the department or board.
(7) 'Human consumption' means water used for
drinking, bathing, cooking, dishwashing, and maintaining oral
hygiene, or other similar uses.
(8) 'Operating permit' means a permit issued by the
department that outlines the requirements and conditions under which
a person must operate a public water system. The owner of a public
water system must possess a valid operating permit to operate a
public water system in the State.
(f)(9) 'Person' means an individual, partnership,
copartnership, cooperative, firm, company, public or private
corporation, political subdivision, government agency, trust, estate,
joint structure company, or any other legal entity or
their its legal representative, agent, or
assigns.
(g)(10) 'Public water supply
system' means:
(1)(a) any publicly or privately-owned
waterworks system which provides drinking water, whether
bottled or, piped, or delivered through some
other constructed conveyance for human consumption, including
the source of supply whether the source of supply is of surface or
subsurface origin;
(2)(b) all structures and appurtenances used for
the collection, treatment, storage, or distribution of
drinking water delivered to point of meter of consumer or
owner connection;
(3)(c) any part or portion of the system,
including any water treatment facility, which in any way alters the
physical, chemical, radiological, or bacteriological
characteristics of drinking the water; provided,
that however, a public water supply shall
system does not include a drinking water system
serving a single private residence or dwelling. A separately owned
system with its source of supply from another waterworks system
shall must be a separate public water supply
system. A connection to a system that delivers water by
a constructed conveyance other than a pipe must not be considered
a connection if:
(i) the water is used exclusively for purposes other than
residential uses consisting of drinking, bathing, and cooking or other
similar uses;
(ii) the department determines that alternative water to
achieve the equivalent level of public health protection provided by
the applicable State Primary Drinking Water Regulations is provided
for residential or similar uses for drinking and cooking; or
(iii) the department determines that the water provided for
residential or similar uses for drinking, cooking, and bathing is
centrally treated or treated at the point of entry by the provider, a
pass-through entity, or the user to achieve the equivalent level of
protection provided by the applicable State Primary Drinking Water
Regulations.
(h)(11) 'Well' means a bored, drilled, or
driven shaft, or a dug hole, whose depth is greater than the largest
surface dimension, from which water is extracted or injected.
This shall include includes, but is not
be limited to, wells used for water supply for irrigation,
industrial, and manufacturing processes, or drinking
water, wells used for underground injection of waste for disposal,
storage, or drainage disposal, wells used in mineral or geothermal
recovery, and any other special process wells.
(i)12) 'Well contractor' means any
an individual, corporation, partnership, association, political
subdivision, or public agency of this State in immediate supervision
of and responsible for the construction, development, testing,
maintenance, repair, or preparation for abandonment of any well as
defined by this chapter. This term shall does not
include persons constructing, opening, or closing wells on their own
property."
SECTION 2. Section 44-55-30 of the 1976 Code is amended to
read:
"Section 44-55-30. In general, the design and construction
of any public water supply shall system must be in
accord with modern engineering practices for such
these installations. The board shall establish such
rules, regulations, procedures, or standards as may be
necessary to protect the health of the public and to insure
ensure proper operation and function of public water
supplies and waterworks systems. Such rules and
These regulations may prescribe minimum design criteria,
the requirements for the issuance of construction and operation
permits, operation and maintenance standards, and bacteriological,
chemical, radiological, and physical standards for public
water supplies systems and other appropriate
rules and regulations."
SECTION 3. Section 44-55-40 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 44-55-40. (a)(A) Before the
construction, expansion, or modification of any public water
supply system, application for a permit to construct
shall must be made to, and a permit to construct
obtained from, the department.
(b)(B) All applications for a permit to construct
shall include such engineering, chemical, physical,
radiological, or bacteriological data as may be required by
the department and shall must be accompanied by
engineering plans, drawings, and specifications prepared by
an engineer registered in this State, which shall carry his official
signature and seal. or under the direct supervision of a person
properly qualified to perform engineering work as provided in
Chapter 22, Title 40, and must be signed or certified by a professional
engineer as defined in Chapter 22, Title 40.
(c)(C) Upon the completion of construction,
modification, or extension to a public water supply
system, arrangements shall must be made
for a final inspection and approval before operation as prescribed by
regulation. No new facility shall may be operated
prior to approval by the department.
(d)(D) Any public water supply
shall system must be adequately protected and
maintained so as to continuously provide safe and potable water in
sufficient quantity and pressure and free from potential hazards to the
health of the consumers. No person shall may
install, permit to be installed, or maintain any unprotected
cross-connection between a public water supply
system and any other water system, sewer, or waste
line or any piping system or container containing polluting
substances. To facilitate the prevention and control of
cross-connections, the department shall certify qualified individuals
who are capable of testing cross-connection control devices to
insure ensure their proper operation.
(E) Hand dug and bored wells constructed with
casing materials of rock, concrete, or ceramic must not be used as a
source of water for a public water system.
(e)(F) In exercising its responsibility under this
article, the department is authorized to investigate the public water
supply system as often as is deemed the
department considers necessary by it. Records of
operation of public water supplies shall systems must
be kept on forms approved or furnished by the department,
and this data shall must be submitted at such times
and intervals as deemed the department considers
necessary by it. Samples of water shall must
be collected and analyzed by the supplier system as
required.
(f)(G) The department may authorize variances
or exemptions from the regulations issued pursuant to this section
under conditions and in such manner as the board deems
considers necessary and desirable; provided,
however, that such these variances or exemptions
are must be permitted under conditions and in a
manner which is not less stringent than the conditions under, and the
manner in which, variances and exemptions may be granted under the
Federal Safe Drinking Water Act.
(g)(H) The department or its authorized
representative shall have has the authority to enter
upon the premises of any public water supply system
at any time for the purpose of carrying out the provisions of this
article.
(h)(I) The department may issue, modify, or
revoke any order to prevent any violation of this article after adequate
notice and proper hearing as required by the Administrative
Procedures Act.
(i)(J) The department may hold public hearings and
compel the attendance of witnesses; conduct studies, investigations,
surveillance of laboratories, including certification programs, and
research with respect to the operation and maintenance of any public
water supply, waterworks system and water treatment facility
system; adopt and implement plans for the provision of
drinking water under emergency circumstances and issue, deny,
revoke, suspend, or modify permits under such conditions
as it may prescribe for the operation of any public water supply,
waterworks system or water treatment facility system;
provided, however, that no permit shall
may be revoked without first providing an opportunity for
a hearing.
(j)(K) The Director
Commissioner of the Department of Health and
Environmental Control shall classify all public water supplies
systems giving due regard to the size, type, complexity,
physical condition, source of supply, and treatment process
employed by such the public water supply
system and the skill, knowledge, and experience
necessary for the operation of such supplies the
systems. The classification shall must be based
on the following groups:
Group I. All community water supplies which serve less than
fifty taps and do not treat the water; all community water supplies
which purchase all potable water from another public water supply
and do not chemically treat the water; and all noncommunity water
supplies which do not treat the water. All public water
systems which include one or more of the following components:
distribution lines, storage, well, and pump station.
Group II. All community water supplies which serve fifty
or more taps, obtain their water from wells or springs, and do not
chemically treat the water. All public water systems which
include one or more of the components listed in Group I and which
provides disinfection treatment using a sodium hypochlorite or
calcium hypochlorite solution as the disinfectant.
Group III. All public water supplies that treat water by simple
addition of a chemical for the purpose of pH adjustment or
disinfection, or which control taste and color by carbon
absorption. All public water systems which include one or
more of the components listed in Groups I and II and one or more of
these components: chlorination using gaseous chlorine, chloramine
disinfection, corrosion control treatment, sequestering, and
fluoridation.
Group IV. All public water supplies employing conventional
treatment techniques in the treatment of surface or groundwater.
All public water systems which include one or more of the
components listed in Groups I, II, and III and one or more of these
components for treatment of a groundwater source which is not under
the direct influence of surface water: aeration, coagulation,
sedimentation, lime softening, filtration, chlorine dioxide, ozone,
ultra-violet light disinfection, powdered activated carbon addition,
granular activated carbon filtration, ion exchange, membrane
technology, and sludge storage and sludge dewatering facilities.
Group V. All public water supplies employing advanced
treatment techniques, such as reverse osmosis or activated carbon
filtration, or all water systems which serve a total population in
excess of two hundred thousand. All public water systems
which include one or more of the components listed in Groups I, II,
and III and one or more of these components for the treatment of a
surface water source or a groundwater source which is under the
direct influence of surface water: aeration, coagulation,
sedimentation, solids contact clarification with a minimum detention
time of 2 hours in the clarification unit, lime softening, rapid rate
gravity filtration (up to 4 g.p.m./sq/ft), slow sand filtration, chlorine
dioxide, powdered activated carbon addition, granular activated
carbon filtration, ion exchange, sludge storage, and sludge
dewatering. All public water systems which do not provide filtration
for a surface water source or a groundwater source which is under the
direct influence of surface water.
Group VI. All public water systems which include one or
more of the components listed in Groups I, II, III, and V and one or
more of these components for the treatment of a surface water source
or a groundwater source which is under the direct influence of surface
water: high rate gravity filtration (greater than 4 g.p.m./sq ft), solids
contact clarification with a detention time of less than 2 hours in the
clarification unit, direct filtration, diatomaceous earth filtration,
membrane technology, ozone, and ultra-violet light disinfection.
Group VII. Drinking water dispensing stations and vending
machines which utilize water from an approved public water system.
Bottled water plants which treat water from the distribution system
of a public water system or from a groundwater source which is not
under the direct influence of surface water.
(k)(L) It shall be is unlawful for
any a person to operate a public water supply
system classified in Group II through V of
subsection (j) of Section 44-55-40 (K)
unless the operator-in-charge holds a valid certificate of registration
issued by the Board of Certification of Environmental Systems
Operators South Carolina Environmental Certification
Board in a grade corresponding to the classification of the public
water supply system supervised by him
the operator-in-charge. All public water supplies
systems classified in Group IV and V Groups V
and VI of subsection (j) of Section 44-55-40 shall
(K) must have an operator of the appropriate grade certified
by the South Carolina Board of Certification of Environmental
Systems Operators Environmental Certification Board
on duty while the facility is in operation.
(l)(M) Effective July 1, 1983, it shall be
is unlawful for any a person to engage in the
business of well contracting or represent themselves
himself or herself to the public as well contractors without
(i) obtaining certification from the South Carolina Board of
Certification of Environmental Systems Operators,
Environmental Certification Board, or (ii) employing
well drillers which are certified by the South Carolina Board of
Certification of Environmental Systems Operators
Environmental Certification Board.
(m)(N) The board, to ensure that underground
sources of drinking water are not contaminated by improper well
construction and operation, shall be authorized to
may promulgate regulations as developed by the Advisory
Committee established pursuant to Section 44-55-45, setting
standards for the construction, maintenance, operation, and
abandonment of any well except for wells where well construction,
maintenance, and abandonment are regulated by the
Groundwater Use Act of 1969, Section 49-5-10 et seq.;
the Oil and Gas Exploration, Drilling, Transportation, and Production
Act, Section 48-43-10 et seq., oil and gas production,
; or the Water Use Reporting and Coordination
Act, Section 49-4-10. For such these
excepted wells, the board is authorized to adopt may
promulgate regulations. The board shall further ensure that all
wells are constructed in accordance with the standards. The board
shall make available educational training on the standards to well
drillers or well contractors who desire such this
training."
SECTION 4. Section 44-55-45 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 44-55-45. An advisory committee to the board
shall must be appointed for the purpose of advising
the board during development or subsequent amendment of
regulatory standards for the construction, maintenance, operation, and
abandonment of wells subject to the jurisdiction of the board. The
Advisory Committee shall be is composed of eight
members appointed by the board. Five members shall
must be active well contractors, ; one
member shall must be a registered professional
engineer with experience in well design and
construction,; one member shall
must be a consulting hydrogeologist with experience in well
design and construction, ; and one member
shall must be engaged in farming and shall represent
the public at large. Three ex officio members shall also serve on the
Advisory Committee, one of whom shall must be an
employee of the Department of Health and Environmental
Control, and appointed by the Director thereof
commissioner, two of whom shall must be
employees of the South Carolina Department of Natural Resources
and appointed by the director thereof.
The term of office of members of the Advisory Committee shall
be is for four years and until their successors are
appointed and qualify. No member may serve with a
maximum of more than two consecutive terms. The
initial terms of office shall must be
staggered, and any member may be removed for cause after
proper notification and an opportunity to be heard."
SECTION 5. Section 44-55-50 of the 1976 Code is amended to
read:
"Section 44-55-50. (1)(A) In establishing
rules, regulations, procedures, and standards under
Section 44-55-30 and in exercising supervisory powers under Section
44-55-40 the board or department shall must not
prohibit or fail to include provisions for recreational activities
including boating, water skiing, fishing, and swimming in
any reservoir without first making and publishing specific findings
that such these recreational activities would be
injurious to the public health and assigning with particularity the
factual basis and reasons for such these
decisions and the reasons therefor.
(2)(B) If the board or department determines that
such these recreational activities would be injurious
to the public health it shall cause to have published at least once a
week for six consecutive weeks in a newspaper of general circulation
in the county or area affected a summary of its findings. Any citizen
of this State who objects to the findings of the board or department
shall be is entitled to request a public hearing
thereon, which the board or department shall conduct within
thirty days after the request. The public hearing shall
must be a formal evidentiary hearing where testimony
shall must be recorded. After such
the hearing the board or department shall review its initial
findings and shall within thirty days after the hearing affirm or
reevaluate its findings in writing and give notice thereof to
known interested parties. The findings of the board or department
may then be appealed to the circuit court, which shall
be is empowered to modify or overrule such
the findings if the court determines them the
findings to be arbitrary or unsupported by the evidence. Notice
of intention to appeal shall must be served on the
board or department within fifteen days after it has affirmed or
reevaluated its initial findings and copies thereof shall also
must be served on known interested parties.
Any A public water supply agency
system utilizing a fully owned and protected water
supply reservoir that does not now employ or require
filtration shed as its water supply is exempt from the
provisions of this section."
SECTION 6. Section 44-55-60 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 44-55-60. (a)(A) An imminent
hazard shall be is considered to exist when in the
judgment of the director commissioner there is a
condition which may result in a serious immediate risk to public
health in a public water supply system.
(b)(B) In order to eliminate an imminent hazard,
the director commissioner may, without notice or
hearing, issue an emergency order requiring the water
supplier system to immediately take such action as
is required under the circumstances to protect the public health. A
copy of the emergency order shall must be served by
certified mail or other appropriate means. An emergency order issued
by the director shall commissioner must be
effected immediately and binding until such the
order is reviewed and modified by the board or modified or rescinded
by a court of competent jurisdiction."
SECTION 7. Section 44-55-70 of the 1976 Code is amended to
read:
"Section 44-55-70. Whenever a public water supply
system:
(1) is not in compliance with the State Primary Drinking Water
Regulations;
(2) fails to perform required monitoring;
(3) is subject to a variance granted for an inability to meet a
maximum contaminant level requirement;
(4) is subject to an exemption; or
(5) fails to comply with the requirements prescribed by a
variance or exemption, the system shall, as soon as practicable, give
public notice of such the condition or
noncompliance.
The board shall prescribe procedures for such the
public notice, including procedures for notification by publication in
a newspaper of general circulation, notification to be given in the
water bills of the systems, as long as a condition of violation exists,
and such other notification as is deemed
considered appropriate by the board."
SECTION 8. Section 44-55-80 of the 1976 Code is amended to
read:
"Section 44-55-80. (a)(A) It shall
be is unlawful for any a person to fail
to comply with:
(1) the provisions of this article or the regulations
promulgated pursuant to this article; to fail to comply with
(2) the conditions of any permit issued under this
article; or to fail to comply with;
(3) any order of the department.
(b)(B) It shall be is unlawful for
any a person to render a public water supply
system, or part or portion thereof of a public
water system, inoperable or unusable by means of
contamination, vandalism, sabotage, or assault upon or
detention of employees of such supply the system;
or to misrepresent any fact related to the operation of such
a public water supply system."
SECTION 9. Section 44-55-90 of the 1976 Code is amended to read:
"Section 44-55-90. (a)(A) Any
A person wilfully violating the provisions of Section
44-55-80 shall be deemed is guilty of a misdemeanor
and, upon conviction, shall must be
fined not more than ten thousand dollars a day for each day
of violation or imprisoned for not more than one year, or both.
(b)(B) (1) Any A violation of
Section 44-55-80 by any a person shall
render renders the violator liable to the State for a civil
penalty of a sum which is not more than five thousand dollars
a day for each day of violation.
(2) The department may administer penalties as otherwise
provided herein for violations of this article, including any
order, permit, regulation, or standard or may request the
Attorney General to commence an action under this subsection in an
appropriate court of the State to secure such this
penalty.
(c)(C) The department may cause to be instituted
a civil action in any court of applicable jurisdiction for injunctive
relief to prevent violation of this article or any order issued pursuant
to Sections 44-55-40, 44-55-60, and 44-55-70."
SECTION 10. Section 44-55-120 of the 1976 Code, as last amended
by Section 75A, Part II, Act 164 of 1993, is further amended to read:
"Section 44-55-120. (A) In order to comply with the federal
Safe Drinking Water Act, in addition to other fees authorized under
this article, the department is authorized to collect an annual fee,
which must be established annually in the general appropriations
act, from each public drinking water system. The
schedule for the annual fee, established pursuant to regulation, may
not be increased except in accordance with the Administrative
Procedures Act. Upon appropriation of additional state funds for this
specific purpose or state funds not otherwise allocated for specific
purposes to implement the provisions of the federal Safe Drinking
Water Act, the department shall adjust the fee schedule by an
equivalent amount.
(B) There is established in the treasurer's office a separate
an account entitled the Safe Drinking Water
Trust Fund which is separate and distinct from the
Environmental Protection Fund established pursuant to Chapter 2,
Title 48. The fees collected from the public water systems
pursuant to this section must be deposited in this fund the
Drinking Water Trust Fund, and must be provided to the
department solely for purposes of implementing this chapter
and the federal Safe Drinking Water Act. The fees must be
established in accordance with fees which fund the Environmental
Protection Fund pursuant to Chapter 2, Title 48.
(C) There is established a Safe Drinking Water Advisory
Committee for the purpose of advising and providing an annual
review to the department and General Assembly on the fee
schedule and the use of revenues deposited in the Safe
Drinking Water Trust Fund. The Governor shall appoint the
advisory committee which must be composed of one member
representing water systems with fifty thousand or more service
connections, one member representing water systems with at least
twenty-five thousand but fewer than fifty thousand service
connections, one member representing water systems with at least ten
thousand but fewer than twenty-five thousand water connections, one
member representing water systems with at least one thousand but
fewer than ten thousand service connections, one member
representing water systems with fewer than one thousand service
connections, and the State Consumer Advocate, and
the Commissioner of the Department of Health and Environmental
Control, or a designee.
(D) The department may deny a construction permit to any new
system which is unable to demonstrate viability to comply with the
Safe Drinking Water Act or where connection to an existing, viable
water system is feasible. The department also may revoke or deny
renewal of an operating permit to any existing water system which is
unable to demonstrate its ability to continue compliance with this act.
(E) A water system may increase water rates to each service
connection by an amount necessary to recover the cost of the safe
drinking water fee without seeking approval of the public service
commission. The total funds generated from rate increases to service
connections for the purpose of paying the safe drinking water fee
may not exceed the cost amount of the fee
established in the General Appropriations Act pursuant
to subsection (B)."
SECTION 11. This act takes effect upon approval by the Governor.
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