S 0908 General Bill, By M.T. Rose

Similar(H 3730)
 A Bill to amend Chapter 1, Title 48, Code of Laws of South Carolina, 1976, by
 adding Section 48-1-105, so as to provide notice requirements for persons
 permitted by the Department of Health and Environmental Control to discharge
 toxic waste into the waters of this State.

   12/06/93  Senate Prefiled
   12/06/93  Senate Referred to Committee on Medical Affairs
   01/11/94  Senate Introduced and read first time SJ-35
   01/11/94  Senate Referred to Committee on Medical Affairs SJ-35

A BILL

TO AMEND CHAPTER 1, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-105, SO AS TO PROVIDE NOTICE REQUIREMENTS FOR PERSONS PERMITTED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DISCHARGE TOXIC WASTE INTO THE WATERS OF THIS STATE.

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 48-1-105. (A) A person who discharges waste into the waters of this State and is required to obtain a permit pursuant to Section 48-1-100 shall post a conspicuous and legible sign near the point of discharge disclosing in clear and concise language the chemical names of the pollutants discharged if the discharge contains toxic pollutants identified by the United States Environmental Protection Agency pursuant to Section 307(a)(1) of the Federal Water Pollution Control Act and listed in Regulation 61-68. The following must be printed on the sign: `PUBLIC NOTICE: (Name of Permittee) DISCHARGES THE FOLLOWING TOXIC POLLUTANTS INTO THIS WATER: (chemical names)'. The sign also must list the name and telephone number of a person at the permittee's place of business whom the public may contact for further information. The sign must be placed near enough to the point of discharge so as to be visible and legible approximately fifty feet away from the point by persons on or near the water. The sign must be updated periodically to conform to any changes in the information required to be on the sign.

(B) Failure to post a sign required by this section voids a permit issued pursuant to Section 48-1-100 and may subject the permittee to penalties of not less than fifty nor more that one thousand dollars a day. Each day the sign is not posted constitutes a separate violation. The Attorney General or the district attorney having jurisdiction in the county where the violation occurs shall enforce this section by civil action in a court of competent jurisdiction.

(C) A citizen of this State also may bring civil action in a court of competent jurisdiction to enforce compliance with this section. This action may be commenced sixty days after the plaintiff gives written notice of the alleged violation to the violator, the permitting agency, and the Attorney General or the appropriate district attorney. Under this action the court may order a sign to be posted pursuant to this section or may give the plaintiff access to the area to post and maintain the sign. The plaintiff may use the permittee's permit, toxic release inventory reports, or other documents considered relevant and appropriate by the court to gather the necessary information to print the sign. The court may award the plaintiff damages sufficient to research, post, and maintain the sign in addition to the penalties provided in this section."

SECTION 2. A sign required pursuant to Section 48-1-105 of the 1976 Code added in Section 1 must be posted within thirty days of the effective date of this act.

SECTION 3. This act takes effect upon approval by the Governor.