H*3774(Rat #0324, Act #0294 of 1992)  General Bill, By K.G. Kempe, Alexander, 
R.L. Altman, R.A. Barber, D.M. Beasley, D.W. Beatty, D.M. Bruce, P.M. Burch, 
Cato, J.D. Cole, Cooper, K.S. Corbett, Cork, J.L.M. Cromer, L.L. Elliott, 
T.L. Farr, R.C. Fulmer, Glover, S.E. Gonzales, H.M. Hallman, J.L. Harris, 
W.S. Houck, M.F. Jaskwhich, Jennings, Keegan, H.H. Keyserling, M.H. Kinon, 
Lanford, Littlejohn, S.G. Manly, C.V. Marchbanks, D.E. Martin, J.G. Mattos, 
McCraw, J.T. McElveen, A.C. McGinnis, Meacham, Neilson, Phillips, Rhoad, 
T.F. Rogers, C.L. Sturkie, J.W. Tucker, C.Y. Waites, C.C. Wells, L.S. Whipper, 
J.B. Wilder, Wilkes, R.M. Young and Young-Brickell
 A Bill to amend Section 48-1-100, Code of Laws of South Carolina, 1976,
 relating to permits for discharges of wastes or air contaminants, so as to
 provide that before issuing a permit public comment procedures must be
 provided for by the South Carolina Department of Health and Environmental
 Control.-amended title

   04/04/91  House  Introduced and read first time HJ-4
   04/04/91  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-4
   04/24/91  House  Committee report: Favorable Agriculture, Natural
                     Resources and Environmental Affairs HJ-3
   05/02/91  House  Debate adjourned until Tuesday, May 7, 1991 HJ-36
   05/07/91  House  Objection by Rep. Burriss, McCain, Smith,
                     Wilkins, Cato, Clyborne, Rama, HJ-12
   05/07/91  House  Objection by Rep. Haskins & Fulmer HJ-12
   05/08/91  House  Objection withdrawn by Rep. Wilkins HJ-57
   05/09/91  House  Objection withdrawn by Rep. Rama & Haskins HJ-50
   05/09/91  House  Objection withdrawn by Rep. Clyborne & McCain HJ-51
   05/09/91  House  Objection withdrawn by Rep. Smith HJ-51
   05/14/91  House  Objection withdrawn by Rep. Cato & Fulmer HJ-17
   05/22/91  House  Objection by Rep. McCain, Klapman, P. Harris,
                     Waldrop, Smith, Baker, HJ-145
   05/22/91  House  Objection by Rep. Hendricks, Haskins, Clyborne,
                     Fair, Kinon, Cato, HJ-145
   05/22/91  House  Objection by Rep. Rama & Wright HJ-145
   05/23/91  House  Objection withdrawn by Rep. Wright HJ-22
   01/29/92  House  Debate adjourned until Wednesday, February 5,
                     1992 HJ-28
   02/12/92  House  Point of order- Rep Burriss no longer a
                     member-name removed as objector HJ-33
   02/12/92  House  Point of order- Rep McCain no longer a
                     member-name removed as objector HJ-33
   02/12/92  House  Objection withdrawn by Rep. Cato, Clyborne, Fair,
                     P.Harris, Haskins, Rama & Smith HJ-33
   02/12/92  House  Amended HJ-33
   02/12/92  House  Read second time HJ-34
   02/12/92  House  Motion noted- Reconsider second reading HJ-39
   02/13/92  House   Motion to reconsider second reading tabled HJ-9
   02/13/92  House  Objection withdrawn by Rep. Kinon, Hendricks &
                     Waldrop HJ-9
   02/13/92  House  Read third time and sent to Senate HJ-9
   02/18/92  Senate Introduced and read first time SJ-9
   02/18/92  Senate Referred to Committee on Medical Affairs SJ-9
   03/10/92  Senate Committee report: Favorable Medical Affairs SJ-15
   03/11/92  Senate Read second time SJ-26
   03/11/92  Senate Unanimous consent for third reading on next
                     legislative day SJ-26
   03/12/92  Senate Read third time and enrolled SJ-18
   03/25/92         Ratified R 324
   03/31/92         Signed By Governor
   03/31/92         Effective date 03/31/92
   03/31/92         Act No. 294
   04/28/92         Copies available

AN ACT TO AMEND SECTION 48-1-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS FOR DISCHARGES OF WASTES OR AIR CONTAMINANTS, SO AS TO PROVIDE THAT BEFORE ISSUING A PERMIT PUBLIC COMMENT PROCEDURES MUST BE PROVIDED FOR BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.

Be it enacted by the General Assembly of the State of South Carolina:

Permits for air contaminants or waste discharge

SECTION 1. Section 48-1-100 of the 1976 Code is amended to read:

"Section 48-1-100. (A) A person affected by the provisions of this chapter or the rules and regulations adopted by the department desiring to make a new outlet or source, or to increase the quantity of discharge from existing outlets or sources, for the discharge of sewage, industrial waste or other wastes, or the effluent therefrom, or air contaminants, into the waters or ambient air of the State, first shall make an application to the department for a permit to construct and a permit to discharge from the outlet or source. If, after appropriate public comment procedures, as defined by department regulations, the department finds that the discharge from the proposed outlet or source will not be in contravention of provisions of this chapter, a permit to construct and a permit to discharge must be issued to the applicant. The department, if sufficient hydrologic and environmental information is not available for it to make a determination of the effect of the discharge, may require the person proposing to make the discharge to conduct studies that will enable the department to determine that its quality standards will not be violated.

(B) The Department of Health and Environmental Control is the agency of state government having jurisdiction over the quality of the air and waters of the State of South Carolina. It shall develop and enforce standards as may be necessary governing emissions or discharges into the air, streams, lakes, or coastal waters of the State, including waste water discharges.

(C) The Department of Health and Environmental Control is the agency of state government having jurisdiction over those matters involving real or potential threats to the health of the people of South Carolina, including the handling and disposal of garbage and refuse; septic tanks; and individual or privately-owned systems for the disposal of offal and human or animal wastes."

Time effective

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

Approved the 31st day of March, 1992.