S*0591(Rat #0183, Act #0106 of 1999)  General Bill, By McConnell, Ravenel, 
Hutto, Leventis, Cork and Passailaigue
 A BILL TO AMEND CHAPTER 1, TITLE 48 OF THE CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE POLLUTION CONTROL ACT, BY ADDING SECTION 48-1-83 SO AS
 TO ESTABLISH REQUIREMENTS FOR DISSOLVED OXYGEN DEPRESSIONS IN NATURALLY LOW
 DISSOLVED OXYGEN WATERBODIES AND TO ESTABLISH PROCEDURES FOR OBTAINING A
 SITE-SPECIFIC EFFLUENT LIMIT RELATED TO DISSOLVED OXYGEN.-AMENDED TITLE

   03/11/99  Senate Introduced and read first time SJ-4
   03/11/99  Senate Referred to Committee on Agriculture and Natural
                     Resources SJ-4
   04/15/99  Senate Committee report: Favorable with amendment
                     Agriculture and Natural Resources SJ-16
   04/20/99  Senate Amended SJ-19
   04/20/99  Senate Read second time SJ-19
   04/20/99  Senate Ordered to third reading with notice of
                     amendments SJ-19
   04/22/99  Senate Amended SJ-27
   04/22/99  Senate Read third time and sent to House SJ-27
   04/27/99  House  Introduced and read first time HJ-11
   04/27/99  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-11
   05/11/99  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs HJ-20
   05/13/99  House  Debate adjourned HJ-15
   05/18/99  House  Debate adjourned until Wednesday, May 19, 1999 HJ-32
   05/19/99  House  Debate adjourned until Thursday, May 20, 1999 HJ-31
   05/20/99  House  Debate adjourned until Tuesday, May 25, 1999 HJ-20
   05/26/99  House  Debate adjourned HJ-30
   05/26/99  House  Amended HJ-47
   05/26/99  House  Read second time HJ-52
   05/26/99  House  Reconsidered HJ-83
   05/26/99  House  Debate adjourned HJ-83
   05/27/99  House  Amended HJ-24
   05/27/99  House  Read second time HJ-25
   05/27/99  House  Unanimous consent for third reading on next
                     legislative day HJ-25
   05/28/99  House  Read third time and returned to Senate with
                     amendments HJ-1
   06/01/99  Senate House amendment amended SJ-11
   06/01/99  Senate Returned to House with amendments SJ-11
   06/02/99  House  Non-concurrence in Senate amendment HJ-60
   06/02/99  Senate Senate insists upon amendment and conference
                     committee appointed Sens. McConnell, Ravenel,
                     Hutto SJ-47
   06/02/99  House  Conference committee appointed Reps. Davenport,
                     Loftis and Bowers HJ-144
   06/22/99  Senate Free conference powers granted
   06/22/99  House  Free conference powers granted HJ-35
   06/22/99  House  Free conference committee appointed Reps.
                     Davenport, Loftis and Bowers HJ-36
   06/22/99  House  Free conference report received and adopted HJ-36
   06/22/99  Senate Free conference powers granted SJ-11
   06/22/99  Senate Free conference committee appointed Sens.
                     McConnell, Hutto, Ravenel SJ-11
   06/22/99  Senate Free conference report received and adopted SJ-11
   06/22/99  House  Ordered enrolled for ratification HJ-72
   06/24/99         Ratified R 183
   06/30/99         Signed By Governor
   06/30/99         Effective date 06/30/99
   07/07/99         Copies available
   07/22/99         Act No. 106

AN ACT TO AMEND CHAPTER 1, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POLLUTION CONTROL ACT, BY ADDING SECTION 48-1-83 SO AS TO ESTABLISH REQUIREMENTS FOR DISSOLVED OXYGEN DEPRESSIONS IN NATURALLY LOW DISSOLVED OXYGEN WATERBODIES AND TO ESTABLISH PROCEDURES FOR OBTAINING A SITE-SPECIFIC EFFLUENT LIMIT RELATED TO DISSOLVED OXYGEN.

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

Dissolved oxygen concentration depression; procedures to obtain site-specific effluent limit

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

"Section 48-1-83. (A) The department shall not allow a depression in dissolved oxygen concentration greater than 0.10 mg/l in a naturally low dissolved oxygen waterbody unless the requirements of this section are all satisfied by demonstrating that resident aquatic species shall not be adversely affected. The provisions of this section apply in addition to any standards for a dissolved oxygen depression in a naturally low dissolved oxygen waterbody promulgated by the department by regulation.

(B) A party seeking a site-specific effluent limit related to dissolved oxygen pursuant to this section must notify the department in writing of its intent to obtain the depression. Upon receipt of the written notice of this intent, the department shall within thirty days publish a public notice indicating the party seeking the dissolved oxygen depression and the specific site for which the dissolved oxygen depression is sought in addition to the department's usual public notice procedures. The notice shall be in the form of an advertisement in a newspaper of statewide circulation and in the local newspaper with the greatest general circulation in the affected area. If within thirty days of the publication of the public notice the department receives a request to hold a public hearing from at least twenty citizens or residents of the county or counties affected, the department shall conduct such a hearing. The hearing must be conducted at an appropriate location near the specific site for which the dissolved oxygen depression is sought and must be held within ninety days of the publication of the initial public notice by the department.

(C) The department, in consultation with the Department of Natural Resources and the Environmental Protection Agency, shall provide a general methodology to be used for consideration of a site-specific effluent limit related to dissolved oxygen.

(D) The party seeking a site-specific effluent limit related to dissolved oxygen must conduct a study:

(1) to determine natural dissolved oxygen conditions at the specific site for which the depression is sought. The study must use an appropriate reference site. The reference site is not restricted to the State but must have similar geography, environmental setting, and climatic conditions. However, if an appropriate reference site cannot be located, the party may use a site-specific dynamic water quality model or, if available, a site-specific multidimensional dynamic water quality model.

(2) to assess the ability of aquatic resources at the specific site for which the dissolved oxygen depression is sought to tolerate the proposed dissolved oxygen depression.

(E) The department shall provide the following agencies sixty days in which to review and provide comments on the design of the scientific study required in subsection (D):

(1) the United States Fish & Wildlife Service of the United States Department of the Interior;

(2) the United States Geological Survey of the United States Department of the Interior;

(3) the National Ocean Service of the United States Department of Commerce and the National Marine Fisheries Service of the United States Department of Commerce; and

(4) the Department of Natural Resources.

The department and the Department of Natural Resources shall select and convene a science peer review committee to review the design of the study as required by subsection (D). The department and the Environmental Protection Agency must concur on the final design before a study is initiated. Justification of any objection to the study design must be based solely on scientific considerations. Objections to the study design must be provided in writing by the department to the party seeking a site-specific effluent limit related to dissolved oxygen.

(F) The department shall provide the following agencies sixty days to review and comment on the results of the studies required in subsection (D):

(1) the United States Fish and Wildlife Service of the United States Department of the Interior;

(2) the United States Geological Survey of the United States Department of the Interior; and

(3) the National Ocean Service of the United States Department of Commerce and the National Marine Fisheries Service of the United States Department of Commerce.

In order for a site-specific effluent limit related to dissolved oxygen to be implemented pursuant to this section, the department, the Department of Natural Resources, and the Environmental Protection Agency must concur that the results of the study required in subsection (D) justify its implementation. In reaching a decision on the study results, the department and the Department of Natural Resources must base their decision upon the entire record, taking into account whatever in the record detracts from the weight of the decision, and must be supported by evidence that a reasonable mind might accept as adequate to support the decision. Objections to the acceptance of the results of the study must be provided in writing by the department to the party seeking a site-specific effluent limit related to dissolved oxygen."

Time effective

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

Ratified the 24th day of June, 1999.

Approved the 30th day of June, 1999.