Current Status Introducing Body:House Bill Number:4086 Primary Sponsor:Baxley Committee Number:20 Type of Legislation:GB Subject:Shellfish areas Residing Body:House Current Committee:Agriculture, Natural Resources, and Environmental Affairs Computer Document Number:NO5/7094BD.93 Introduced Date:19930414 Last History Body:House Last History Date:19930414 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Baxley Barber Hallman Thomas Jennings Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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4086 House 19930414 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 WHEN WATER QUALITY WITHIN A SHELLFISH AREA DECLINES AND A RECLASSIFICATION IS CONSIDERED.
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 South Carolina Department of Health and Environmental Control shall notify the South Carolina Coastal Council and the South Carolina Wildlife and Marine Resources Department when water quality within a shellfish area declines to a level that poses a potential public health threat and a reclassification of an approved or a conditionally approved shellfish growing area to a restricted or prohibited shellfish area classification is considered. When a reclassification zone is required, the Department of Health and Environmental Control immediately shall notify the Coastal Council and the Wildlife and Marine Resources Department and begin an intensive shellfish investigation to determine the source of contamination within thirty days. After the source of contamination is determined the Department of Health and Environmental Control in coordination with the Coastal Council and the Wildlife and Marine Resources Department shall formulate and implement a preliminary shellfish remediation plan to eliminate the source of water quality contamination and to protect the harvesting status of the shellfish grounds within sixty days.
(B) If these efforts to eliminate the contamination are unsuccessful, a one hundred eighty-day shellfish remediation plan must be initiated. The Department of Health and Environmental Control shall hold a public meeting to notify the public of the shellfish remediation plan and the temporary closure of the shellfish area. During the shellfish remediation plan an intensive investigation must be conducted to determine the source of contamination and a plan must be developed and implemented for remediation. Implementation shall begin as soon as possible and must be completed within one hundred eighty days. After the ninety days of the initial shellfish investigation, thirty days maximum, and the preliminary remediation plan, sixty days maximum, if quality conditions have not improved so reclassification procedures may be terminated, the Department of Health and Environmental Control shall hold a public meeting in a convenient location in the vicinity of the shellfish beds to discuss the results of the investigation, the preliminary remediation plan, and an implementation schedule for the comprehensive shellfish remediation plan.
(C) The Department of Health and Environmental Control shall cooperate with the Coastal Council, the Wildlife and Marine Resources Department, and the appropriate local governments to develop the comprehensive shellfish remediation plan to reopen the shellfish grounds. The Department of Health and Environmental Control shall employ the full range of its permitting and grant awards authority to ensure cooperation by local governments in the remediation plan.
(D) At the conclusion of the comprehensive shellfish remediation plan, one hundred eighty days, if the shellfish area cannot be reopened, the Department of Health and Environmental Control 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 of Health and Environmental Control, the Coastal Council, and the Wildlife and Marine Resources Department all agree the shellfish area cannot be reopened. If it is agreed by these agencies that remedial efforts are futile, the Department of Health and Environmental Control 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.