H*3646(Rat #0064, Act #0037 of 2015)  General Bill, By Burns, Southard, Loftis, 
Ott and Dillard

Similar(H 3538)
 AN ACT TO AMEND SECTION 44-55-1310, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO DEFINITIONS CONCERNING PASSIVE SOIL-BASED ON-SITE DISPOSAL
 SYSTEMS, SO AS TO ALLOW FOR NONGRAVITY-BASED SOIL-BASED ON-SITE DISPOSAL
 SYSTEMS; TO AMEND SECTION 44-55-1320, RELATING TO WASTEWATER COLLECTION,
 TREATMENT, AND DISCHARGE, SO AS TO AUTHORIZE SINGLE OR MULTIPLE DWELLING UNITS
 TO USE A COMMUNITY OR COMMERCIAL PASSIVE SOIL-BASED ON-SITE DISPOSAL SYSTEM;
 TO AMEND SECTION 44-55-1330, RELATING TO SYSTEM INSTALLATION REQUIREMENTS, SO
 AS TO REMOVE CERTAIN REQUIREMENTS AND TO REQUIRE AN INSTALLER OF A PASSIVE
 SOIL-BASED ON-SITE DISPOSAL SYSTEM TO BE CERTIFIED BY THE MANUFACTURER OR A
 REPRESENTATIVE AUTHORIZED TO ADMINISTER THE LICENSED INSTALLER CERTIFICATION,
 AND TO SET DESIGNATIONS FOR THE TRENCH BOTTOM OF A DISPOSAL SYSTEM; TO AMEND
 SECTION 44-55-1350, RELATING TO TILE FIELD PRODUCT REGULATIONS, SO AS TO ADD
 THE REQUIREMENTS OF SECTION 44-55-1310 TO REGULATIONS PROMULGATED OVER PASSIVE
 SOIL-BASED ON-SITE DISPOSAL SYSTEMS; AND TO REPEAL SECTION 44-55-1340 RELATING
 TO FINANCIAL ASSURANCE. - ratified title

   02/12/15  House  Introduced and read first time (House Journal-page 21)
   02/12/15  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs
                     (House Journal-page 21)
   02/19/15  House  Committee report: Favorable Agriculture, Natural
                     Resources and Environmental Affairs
                     (House Journal-page 2)
   02/20/15         Scrivener's error corrected
   02/24/15  House  Read second time (House Journal-page 25)
   02/24/15  House  Roll call Yeas-96  Nays-0 (House Journal-page 26)
   02/25/15  House  Read third time and sent to Senate
                     (House Journal-page 24)
   02/26/15  Senate Introduced and read first time (Senate Journal-page 3)
   02/26/15  Senate Referred to Committee on Medical Affairs
                     (Senate Journal-page 3)
   05/04/15  Senate Committee report: Favorable with amendment
                     Medical Affairs (Senate Journal-page 15)
   05/12/15  Senate Committee Amendment Adopted (Senate Journal-page 51)
   05/12/15  Senate Read second time (Senate Journal-page 51)
   05/12/15  Senate Roll call Ayes-42  Nays-0 (Senate Journal-page 51)
   05/13/15  Senate Read third time and returned to House with
                     amendments (Senate Journal-page 22)
   05/19/15  House  Concurred in Senate amendment and enrolled
                     (House Journal-page 90)
   05/19/15  House  Roll call Yeas-102  Nays-0 (House Journal-page 90)
   05/28/15         Ratified R 64
   06/01/15         Signed By Governor
   06/04/15         Effective date See Act for Effective Date
   06/05/15         Act No. 37

(A37, R64, H3646)

AN ACT TO AMEND SECTION 44-55-1310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING PASSIVE SOIL-BASED ON-SITE DISPOSAL SYSTEMS, SO AS TO ALLOW FOR NONGRAVITY-BASED SOIL-BASED ON-SITE DISPOSAL SYSTEMS; TO AMEND SECTION 44-55-1320, RELATING TO WASTEWATER COLLECTION, TREATMENT, AND DISCHARGE, SO AS TO AUTHORIZE SINGLE OR MULTIPLE DWELLING UNITS TO USE A COMMUNITY OR COMMERCIAL PASSIVE SOIL-BASED ON-SITE DISPOSAL SYSTEM; TO AMEND SECTION 44-55-1330, RELATING TO SYSTEM INSTALLATION REQUIREMENTS, SO AS TO REMOVE CERTAIN REQUIREMENTS AND TO REQUIRE AN INSTALLER OF A PASSIVE SOIL-BASED ON-SITE DISPOSAL SYSTEM TO BE CERTIFIED BY THE MANUFACTURER OR A REPRESENTATIVE AUTHORIZED TO ADMINISTER THE LICENSED INSTALLER CERTIFICATION, AND TO SET DESIGNATIONS FOR THE TRENCH BOTTOM OF A DISPOSAL SYSTEM; TO AMEND SECTION 44-55-1350, RELATING TO TILE FIELD PRODUCT REGULATIONS, SO AS TO ADD THE REQUIREMENTS OF SECTION 44-55-1310 TO REGULATIONS PROMULGATED OVER PASSIVE SOIL-BASED ON-SITE DISPOSAL SYSTEMS; AND TO REPEAL SECTION 44-55-1340 RELATING TO FINANCIAL ASSURANCE.

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

Definitions

SECTION    1.    Section 44-55-1310(1) of the 1976 Code, as added by Act 49 of 2003, is amended to read:

"(1)    'Passive soil-based on-site disposal system' means a nongravel, nonmechanical, soil absorption trench used to collect, treat, and discharge, or reclaim wastewater or sewage from a small on-site wastewater system generating less than fifteen hundred gallons per day, large on-site wastewater system generating equal to or greater than fifteen hundred gallons per day, or community, cluster, or commercial wastewater system, served by either gravity or pump distribution, without the use of communitywide sewers or a centralized treatment facility."

Systems authorized

SECTION    2.    Section 44-55-1320 of the 1976 Code, as added by Act 49 of 2003, is amended to read:

"Section 44-55-1320.    A passive soil-based on-site disposal system is authorized for use for collecting, treating, discharging, or reclaiming wastewater or sewage from a small on-site wastewater system generating less than fifteen hundred gallons per day, large on-site wastewater system generating equal to or greater than fifteen hundred gallons per day, or community, cluster, or commercial wastewater system, if the systems comply with the requirements of this chapter and with ordinances a county or municipality establishes consistent with this chapter."

Installation requirements

SECTION    3.    Section 44-55-1330 of the 1976 Code, as added by Act 49 of 2003, is amended to read:

"Section 44-55-1330.    (A)    A passive soil-based on-site disposal system must be installed only by installation technicians who are licensed by the department under Regulation 61-56.1 as an installer and certified by the manufacturer or a representative that has been duly authorized to administer licensed installer certification.

(B)    A passive soil-based on-site disposal system must be sized and installed according to these minimum standards:

(1)    The storage capacity of the system must be at least that available in a conventional gravel system below the invert. A manufacturer shall provide its product's storage capacity as determined by a recognized third party testing company.

(2)    The total trench bottom area of the passive soil-based on-site disposal system, measured as the area bounded by the trench width and length must be at least seventy-five percent of that required for a conventional gravel system. The system must not be less than three hundred square feet, measured as the area bounded by the trench width and length, for soils in all classifications. In addition to the above requirement, the system must provide an unobstructed open bottom area equal to at least one-half the total bottom area of a conventional gravel system. The system must have a projected product width that fills the trench width within two inches. The system also must have a reserve area at least equal to fifty percent of the size of the installed system.

(3)    The absorption area must comply with all other appropriate separation distances, trench location, trench depth, and contour orientation as prescribed in Regulation 61-56. The permitting procedure for these systems will be the same as conventional systems to include site evaluation and final inspection.

(4)    The entire absorption area must be shown on a set of 'as built' diagrams prepared by the department at the time of final inspection to include information identifying the name of the installer, the name of the product manufacturer, and the type or model number of the installed product.

(5)    Lateral trench runs must be as long as practical within the limits of the approved site so as to minimize the linear loading rate. Wastewater may be distributed to a lateral trench run either by gravity flow or by pump."

Regulation requirements

SECTION    4.    Section 44-55-1350 of the 1976 Code, as added by Act 49 of 2003, is amended to read:

"Section 44-55-1350.    The department shall promulgate regulations regarding alternative tile field products to include passive soil-based on-site disposal systems in accordance with the following:

(1)    Regulations must conform to the requirements of Sections 44-55-1310, 44-55-1320 and 44-55-1330. When the department submits the proposed regulations to the General Assembly for approval pursuant to the Administrative Procedures Act, in addition to the information which must be filed pursuant to Section 1-23-120, the department shall include an explanation for each change proposed from the requirements of Sections 44-55-1310, 44-55-1320 and 44-55-1330.

(2)    When the regulations promulgated by the department are approved by the General Assembly and become effective by publication in the State Register, the provisions of Sections 44-55-1310, 44-55-1320 and 44-55-1330 are repealed and no longer have the force and effect of law."

Repeal

SECTION    5.    Section 44-55-1340 is repealed.

Time effective

SECTION    6.    Except as otherwise provided for in SECTION 4, this act takes effect upon approval by the Governor.

Ratified the 28th day of May, 2015.

Approved the 1st day of June, 2015.