Current Status Introducing Body:House Bill Number:4707 Primary Sponsor:Altman Committee Number:20 Type of Legislation:GB Subject:Shellfish area, closing of Residing Body:House Computer Document Number:BR1/2460.AC Introduced Date:Apr 09, 1992 Last History Body:House Last History Date:Apr 09, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Altman Type of Legislation:General Bill
Bill Body Date Action Description CMN
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4707 House Apr 09, 1992 Introduced, read first time, 20
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-157 SO AS TO PROVIDE PROCEDURES AND NOTICE REQUIREMENTS FOR THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO FOLLOW IN CLOSING AN OPEN SHELLFISH AREA.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 44-1-157. (A) The department shall notify the South Carolina Coastal Council and the South Carolina Wildlife and Marine Resources Department when a concern is raised over the safety of an open shellfish area and a closure is considered. When a closure zone is required, the department immediately shall begin a field investigation to determine the source of contamination. After the source of contamination is determined the department shall formulate and implement a plan to eliminate the source of contamination and to protect the open harvesting status of the shellfish grounds.
(B) If these efforts to eliminate the contamination are unsuccessful, a six-month temporary closure must be initiated. The department must hold a public meeting to notify the public of the temporary closure of the shellfish area. During the six-month temporary closure an intensive investigation must be conducted to determine the source of contamination and a plan must be developed for remedial action. Within three months of initiating the closure zone, the department shall hold a public meeting in a convenient location in the vicinity of the shellfish beds to discuss the results of the investigation, a remediation plan, and an implementation schedule for the remediation plan.
(C) The department shall cooperate with the Coastal Council and Wildlife and Marine Resources Department and the appropriate local governments to reopen the shellfish grounds. The department must employ the full range of its permitting and grant awards authority to insure cooperation by local governments in the remediation plan.
(D) If after the six-month temporary closure the shellfish area cannot be reopened, the department shall hold a public meeting to notify the public and present and publish a new plan for remedial action. This process must be continued every six months until the shellfish area is reopened or the department, Coastal Council, and the Wildlife and Marine Resources Department agree that the shellfish area cannot be reopened. If it is agreed by these agencies that remedial efforts are futile, the department shall convene a public meeting to announce the permanent closure and discuss the reasons behind the decision.
(E) Notice of all public meetings held pursuant to this section must be published in a newspaper of statewide circulation."
SECTION 2. This act takes effect upon approval by the Governor.