Current Status Introducing Body:Senate Bill Number:1603 Primary Sponsor:Lourie Type of Legislation:CR Subject:Federal Clean Water Act, permit issuance Date Bill Passed both Bodies:Jun 04, 1992 Computer Document Number:CYY/19170.SD Introduced Date:Jun 03, 1992 Date of Last Amendment:Jun 04, 1992 Last History Body:Senate Last History Date:Jun 04, 1992 Last History Type:Concurred in House amendment Scope of Legislation:Statewide All Sponsors:Lourie Type of Legislation:Concurrent Resolution
Bill Body Date Action Description CMN
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1603 Senate Jun 04, 1992 Concurred in House amendment
1603 House Jun 04, 1992 Adopted, returned with
amendment
1603 House Jun 04, 1992 Amended
1603 House Jun 04, 1992 Committee Report: Favorable 24
1603 House Jun 03, 1992 Introduced, referred to 24
Committee
1603 Senate Jun 03, 1992 Introduced, adopted, sent to
House
View additional legislative information at the LPITS web site.
AMENDED--NOT PRINTED IN THE HOUSE -- June 4, 1992
jic\6702.sd
TO BE PRINTED IN THE HOUSE JOURNAL
June 4, 1992
S. 1603
TO EXPRESS THE BELIEF OF THE GENERAL ASSEMBLY THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IN MAKING CERTIFICATIONS TO THE SECRETARY OF THE ARMY UNDER THE FEDERAL CLEAN WATER ACT THAT NATIONWIDE PERMITS ISSUED BY HIM ARE CONSISTENT WITH THIS STATE'S WATER QUALITY STANDARDS AND PLANS SHOULD ONLY CONSIDER CRITERIA PROVIDED IN THE FEDERAL CLEAN WATER ACT.
Amend Title To Conform
Whereas, the Federal Clean Water Act prohibits use of land related to water without a permit issued by the authority of the Secretary of the Army; and
Whereas, the Federal Clean Water Act provides for the Secretary of the Army to issue nationwide permits and individual permits; and
Whereas, the Secretary of the Army has issued forty separate nationwide permits to enable all Americans to use their land for ordinary, routine purposes without having to obtain individual permits; and
Whereas, the Federal Clean Water Act provides that no nationwide permit will be effective in any state until that state certifies to the Army that the permit is consistent with that state's water quality standards; and
Whereas, the Federal Clean Water Act also provides that in those states which have a Coastal Zone Management Plan, any nationwide permit will not be effective in a state's coastal zone until that state certifies to the Army that the permit is consistent with that state's plan; and
Whereas, the Department of Health and Environmental Control have made such certifications to the Army, but only in part and conditionally; and
Whereas, to the extent that the Department of Health and Environmental Control have failed to make such certifications totally and unconditionally, they may be treating South Carolinians differently in relation to other Americans in obtaining equal benefit of the nationwide permits, thereby placing at risk South Carolina's economic competitiveness; and
Whereas, the General Assembly believes that certification decisions by the Department of Health and Environmental Control should be based solely on the criteria provided by the Federal Clean Water Act. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly, by this resolution, hereby expresses its belief that the Department of Health and Environmental Control in making certifications to the Secretary of the Army under the Federal Clean Water Act that nationwide permits issued by him are consistent with this state's water quality standards and plans should only consider criteria provided in the Federal Clean Water Act.
Be it further resolved that a copy of this resolution be forwarded to the Department of Health and Environmental Control.