H 4096 General Bill, By J.H. Neal, Scott, Bales, Breeland, Clyburn, Govan, 
Hayes, M. Hines, Inabinett, Mack, Martin and Rhoad
 A BILL TO AMEND TITLE 48, CHAPTER 1, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE POLLUTION CONTROL ACT, BY ADDING SECTION 48-1-95 SO AS TO
 ENACT THE SOUTH CAROLINA NEIGHBORHOOD PROTECTION ACT; WHICH ESTABLISHES A
 CAUSE OF ACTION FOR AN OWNER OF PROPERTY ADVERSELY IMPACTED BY THE POLLUTION,
 IMPAIRMENT, OR DESTRUCTION OF NATURAL RESOURCES DUE TO THE USE OF AN ADJACENT
 PROPERTY.

   05/13/99  House  Introduced and read first time HJ-5
   05/13/99  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-5

TO AMEND TITLE 48, CHAPTER 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POLLUTION CONTROL ACT, BY ADDING SECTION 48-1-95 SO AS TO ENACT THE SOUTH CAROLINA NEIGHBORHOOD PROTECTION ACT; WHICH ESTABLISHES A CAUSE OF ACTION FOR AN OWNER OF PROPERTY ADVERSELY IMPACTED BY THE POLLUTION, IMPAIRMENT, OR DESTRUCTION OF NATURAL RESOURCES DUE TO THE USE OF AN ADJACENT PROPERTY.

Whereas, the General Assembly finds that each person is entitled by right to the protection, preservation, and enhancement of air, water, land, and other natural resources located within this State and that each person has the responsibility to contribute to the protection, preservation, and enhancement of these natural resources; and

Whereas, the General Assembly further declares its policy to create and maintain within the State conditions under which human beings and nature can exist in productive harmony in order that present and future generations may enjoy clean air and water, productive land, and other natural resources with which this State has been endowed. Accordingly, it is in the public interest to provide an adequate civil remedy to protect air, water, land, and other natural resources located within the State from pollution, impairment, or destruction. Now, therefore,

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

SECTION 1. This act may be cited as "The South Carolina Neighborhood Protection Act".

SECTION 2. Title 48, Chapter 1 of the 1976 Code is amended by adding:

"Section 48-1-95. (A) As used in this section:

(1) 'Natural resources' includes, but is not limited to, all mineral, animal, botanical, air, water, land, timber, soil, quietude, recreational, and historical resources.

(2) 'Pollution', 'impairment', or 'destruction' means conduct by a person which violates or is likely to violate an environmental quality standard, limitation, regulation, order, license, agreement, or permit of the State or any instrumentality, agency, or political subdivision of the State which was promulgated or issued before the date the alleged violation occurred or is likely to occur or conduct which materially adversely affects or is likely to materially adversely affect the environment; however, pollution, impairment, or destruction does not include conduct which violates or is likely to violate an environmental quality standard, limitation, regulation, order, license, agreement, or permit solely because of the introduction of an odor into the air.

(B) In addition to all other remedies available at law, the owner of property, the value of which is adversely impacted by pollution, impairment, or destruction of natural resources due to the use to which neighboring property has been put, may bring an action against the owner of an adjacent property for the purpose of recovering money damages or suitable equitable relief sufficient to compensate the owner of the adversely impacted property or otherwise provide a remedy to the owner for the decline in value of the owner's property.

(C) This section is cumulative and may not be construed to amend, impair, or repeal any other remedy at law or equity available."

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