H*3373(Rat #0160, Act #0106 of 2007)  General Bill, By M.A. Pitts and Duncan
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS
 44-55-822, 44-55-825, AND 44-55-827 SO AS TO AUTHORIZE THE SOUTH CAROLINA
 DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ISSUE A PRELIMINARY TRACT
 EVALUATION AND PRELIMINARY SUBDIVISION APPROVAL LETTER FOR PURPOSES OF AN
 ONSITE WASTEWATER TREATMENT SYSTEM, TO PROVIDE THE CRITERIA FOR THESE ACTIONS,
 TO PROVIDE THAT A FINAL SUBDIVISION APPROVAL LETTER FOR A RESIDENTIAL
 SUBDIVISION MAY BE ISSUED AFTER THE DEPARTMENT HAS CONDUCTED A SOIL
 SUITABILITY TEST ON EACH LOT, AND PROVIDE THE CRITERIA FOR THESE INDIVIDUAL
 TESTS, TO REQUIRE THE DEPARTMENT TO NOTIFY A LOT OWNER IF CORRECTIVE MEASURES
 ARE POSSIBLE FOLLOWING DENIAL OF A PERMIT, TO REQUIRE THE DEPARTMENT TO
 CONDUCT RANDOM FINAL INSPECTIONS OF A MINIMUM PERCENTAGE OF ANNUALLY INSTALLED
 SYSTEMS AND PROVIDE SYSTEMS NOT INSPECTED ARE DEEMED APPROVED, TO PROVIDE
 PENALTIES FOR VIOLATIONS OF A PERMIT, AND TO REQUIRE THE DEPARTMENT TO
 PROMULGATE REGULATIONS FOR LICENSING OF PERSONS WHO CONTRACT OR ADVERTISE TO
 OFFER INSTALLATION, REPAIR, MODIFICATION, AND APPROVAL OF ONSITE WASTEWATER
 SYSTEMS, AND BY ADDING SECTION 44-1-290 SO AS TO PROVIDE THAT A CORPORATION OR
 PERSON WHO PROVIDES TREATED EFFLUENT FOR IRRIGATION IS NOT CONSIDERED A PUBLIC
 UTILITY IF THE EFFLUENT HAS NOT BEEN PERMITTED FOR CONSUMPTION. - ratified
 title

   01/30/07  House  Introduced and read first time HJ-11
   01/30/07  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-11
   03/27/07  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs HJ-2
   03/28/07  House  Amended HJ-12
   03/28/07  House  Read second time HJ-14
   03/29/07  House  Read third time and sent to Senate HJ-29
   04/03/07  Senate Introduced and read first time SJ-14
   04/03/07  Senate Referred to Committee on Medical Affairs SJ-14
   05/23/07  Senate Committee report: Favorable with amendment
                     Medical Affairs SJ-58
   05/24/07         Scrivener's error corrected
   05/24/07  Senate  Committee Amendment Adopted SJ-105
   05/25/07         Scrivener's error corrected
   06/06/07  Senate Read second time SJ-45
   06/07/07  Senate Amended SJ-82
   06/07/07  Senate Read third time and returned to House with
                     amendments SJ-82
   06/07/07  House  Concurred in Senate amendment and enrolled HJ-116
   06/12/07         Ratified R 160
   06/18/07         Signed By Governor
   06/20/07         Copies available
   06/20/07         Effective date 01/01/08
   06/27/07         Act No. 106

(A106, R160, H3373)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 44-55-822, 44-55-825, AND 44-55-827 SO AS TO AUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ISSUE A PRELIMINARY TRACT EVALUATION AND PRELIMINARY SUBDIVISION APPROVAL LETTER FOR PURPOSES OF AN ONSITE WASTEWATER TREATMENT SYSTEM, TO PROVIDE THE CRITERIA FOR THESE ACTIONS, TO PROVIDE THAT A FINAL SUBDIVISION APPROVAL LETTER FOR A RESIDENTIAL SUBDIVISION MAY BE ISSUED AFTER THE DEPARTMENT HAS CONDUCTED A SOIL SUITABILITY TEST ON EACH LOT, AND PROVIDE THE CRITERIA FOR THESE INDIVIDUAL TESTS, TO REQUIRE THE DEPARTMENT TO NOTIFY A LOT OWNER IF CORRECTIVE MEASURES ARE POSSIBLE FOLLOWING DENIAL OF A PERMIT, TO REQUIRE THE DEPARTMENT TO CONDUCT RANDOM FINAL INSPECTIONS OF A MINIMUM PERCENTAGE OF ANNUALLY INSTALLED SYSTEMS AND PROVIDE SYSTEMS NOT INSPECTED ARE DEEMED APPROVED, TO PROVIDE PENALTIES FOR VIOLATIONS OF A PERMIT, AND TO REQUIRE THE DEPARTMENT TO PROMULGATE REGULATIONS FOR LICENSING OF PERSONS WHO CONTRACT OR ADVERTISE TO OFFER INSTALLATION, REPAIR, MODIFICATION, AND APPROVAL OF ONSITE WASTEWATER SYSTEMS, AND BY ADDING SECTION 44-1-290 SO AS TO PROVIDE THAT A CORPORATION OR PERSON WHO PROVIDES TREATED EFFLUENT FOR IRRIGATION IS NOT CONSIDERED A PUBLIC UTILITY IF THE EFFLUENT HAS NOT BEEN PERMITTED FOR CONSUMPTION.

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

Onsite wastewater systems

SECTION    1.    Article 9, Chapter 55, Title 44 of the 1976 Code is amended by adding:

"Section 44-55-822.    (A)(1)    The Department of Health and Environmental Control may issue a preliminary tract evaluation for tracts of land that may be developed in the future. For purposes of this section, a tract of land is any tract of land that is not yet divided into individual lots for the immediate or future purpose of building development. A preliminary tract evaluation will determine whether a tract of land is conceptually appropriate for the use of onsite wastewater systems. If the proposed subdivision is found to be suitable for onsite waste treatment systems, the department shall issue a preliminary subdivision approval letter.

(2)    When conducting a preliminary tract evaluation, the department shall consider a variety of factors including, but not limited to, soil maps, boundary plat, and distance to the nearest sewer line. The department may determine what documents and other supporting materials must be submitted with an application for a preliminary tract evaluation. When making a determination on a preliminary tract evaluation, the department may receive and consider information and data on soil from registered soil classifiers and other site conditions from engineers.

(B)(1)    The Department of Health and Environmental Control may issue a preliminary subdivision approval letter for subdivisions where the use of onsite wastewater systems is proposed as the method of sewage treatment and disposal. For purposes of this section, a subdivision is any tract of land divided into five or more lots for the immediate or future purpose of building development where onsite wastewater systems are to be considered except where all of the lots are five acres or larger, regardless of the number of lots.

(2)    The department must not issue a final subdivision approval letter for a residential subdivision for which it has approval responsibility without first conducting a soil suitability test on each lot in the proposed subdivision. The suitability test must determine if the soil conditions on each lot meet the requirements of regulation to support the use of an onsite wastewater system. The department shall issue permits on each approved lot within the subdivision if all of the conditions for permitting have been met pursuant to regulation. Following the completion of the soil suitability test for each lot as submitted by the developer, the department shall issue a final subdivision approval letter indicating the approval or disapproval for each lot in the proposed subdivision.

(3)    The department shall provide space on its 'Application for Subdivision of Real Estate', or another applicable form in use, for the developer of the proposed subdivision to indicate the typical setback on the lots and the typical size house that is anticipated to be built in the proposed subdivision. Changes in the house size, addition of landscaping features, addition of structures, addition of impervious materials or other site alterations could jeopardize permitting a septic tank system for a proposed lot. If the septic permit application is denied for any reason, the department shall inform the subdivision lot owner if any corrective measures could be taken to remedy the problem and lead to the issuance of a septic tank permit.

Section 44-55-825.    (A)    Notwithstanding any other provision of law, after the department has conducted soil suitability testing and has issued a permit for the installation of an onsite wastewater system, the department is required to conduct random final inspections and approvals of no less than three percent annually of the total number of installed systems during the preceding fiscal year.

(B)    Any installed system not inspected within a specified time period designated by the department is deemed approved by the department. The department shall establish documentation and record requirements.

(C)    Onsite wastewater systems must be installed pursuant to construction and operation permits issued by the department pursuant to regulation. Deviation from the installation design and conditions in onsite wastewater permits may be considered by the department to be a violation. Violation of an onsite wastewater system permit installation must be enforced in accordance with the following:

(1)    First offense violations may be enforced under Section 44-1-150 or by suspension of the installer's license by a period not to exceed one year.

(2)    Second offense violations may be enforced under Section 44-1-150 or by suspension of the installer's license by a period not to exceed three years.

(3)    Third offense violations may be enforced under Section 44-1-150 or by permanent revocation of the installer's license.

Section 44-55-827.    (A)    The department shall promulgate regulations for the licensure of persons who contract or advertise to offer or provide services for installation, repair, modification, or final inspection and approval of onsite wastewater systems. These regulations must include:

(1)    eligibility criteria to be licensed as an Onsite Wastewater Systems Contractor;

(2)    a tiered licensing program defining various levels of competency and skill, including licenses that allow different combinations of installation, repair, modification, and final inspection and approval of onsite wastewater systems;

(3)    a system for the department to monitor the quality of contractor installation, repair, modification, and final inspection and approval of onsite wastewater systems;

(4)    minimum standards for training and continuing education for Onsite Wastewater Systems Contractors;

(5)    bonding and insurance requirements for Onsite Wastewater Systems Contractors;

(6)    the establishment and collection of administrative and licensing fees to cover the costs of this program; and

(7)    enforcement guidelines and penalties for violations of the provisions of these regulations.

(B)    The department shall promulgate regulations pursuant to the requirements for licensure of an Onsite Wastewater Systems Contractor, as provided for in subsection (A), items (1) through (7).

(C)    Nothing in this chapter or regulations promulgated pursuant to this chapter affect the department's authority, under Section 44-1-140 and regulation, to issue permits for the installation and construction of individual onsite wastewater systems."

Effluent for irrigation

SECTION    2.    Chapter 1, Title 44 of the 1976 Code is amended by adding:

"Section 44-1-290.    A corporation or person whose only purpose is furnishing, supplying, marketing, or selling treated effluent for irrigation purposes, shall not be considered a public utility for purposes of Title 58 by virtue of the furnishing, supplying, marketing, or selling of the treated effluent, provided that the effluent has not been permitted for consumption by the department or other regulatory agency."

Time effective

SECTION    3.    This act takes effect on January 1, 2008.

Ratified the 12th day of June, 2007.

Approved the 18th day of June, 2007.