Current Status Bill Number:
4689Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19980225Primary Sponsor: SharpeAll Sponsors: Sharpe, Davenport, McLeod and LimehouseDrafted Document Number: psd\7159ac.98Residing Body: SenateDate of Last Amendment: 19980421Subject: Safe drinking water, public water systems and classifications; Water and Sewer, Health and Environmental Control
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ Senate 19980528 Read second time, notice of general amendments Senate 19980527 Committee report: Favorable 13 SMA Senate 19980423 Introduced, read first time, 13 SMA referred to Committee House 19980422 Read third time, sent to Senate House 19980421 Amended, read second time House 19980415 Committee report: Favorable with 20 HANR amendment House 19980225 Introduced, read first time, 20 HANR referred to CommitteeView additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
May 27, 1998
S. Printed 5/27/98--S.
Read the first time April 23, 1998.
To whom was referred a Bill (H. 4689), to amend Section 44-55-20, as amended, Code of Laws of South Carolina, 1976, relating to definitions in the Safe Drinking Water Act, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass:
THOMAS L. MOORE, for Committee.
TO AMEND SECTION 44-55-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SAFE DRINKING WATER ACT, SO AS TO REVISE AND ADD DEFINITIONS; TO AMEND SECTION 44-55-30 RELATING TO THE DESIGN AND CONSTRUCTION OF PUBLIC WATER SUPPLIES, SO AS TO CHANGE REFERENCES FROM "WATER SUPPLIES" TO "WATER SYSTEMS"; TO AMEND SECTION 44-55-40, AS AMENDED, RELATING TO APPLICATIONS FOR PUBLIC WATER SYSTEM CONSTRUCTION PERMITS, SO AS TO REVISE VARIOUS REQUIREMENTS, INCLUDING REVISING THE WATER SYSTEMS CLASSIFICATIONS; TO AMEND SECTION 44-55-45, AS AMENDED, RELATING TO THE ADVISORY COMMITTEE ON WELLS, SO AS TO CONFORM A REFERENCE TO THE REVISED DEFINITIONS; TO AMEND SECTION 44-55-50 RELATING TO RECREATIONAL ACTIVITIES IN RESERVOIRS, SO AS TO REVISE AN EXEMPTION; TO AMEND SECTION 44-55-60, AS AMENDED, RELATING TO ISSUANCE OF EMERGENCY ORDERS WHERE THERE IS AN IMMINENT HAZARD IN A PUBLIC WATER SYSTEM, SO AS TO CONFORM TERMS TO REVISED DEFINITIONS; TO AMEND SECTION 44-55-70 RELATING TO PUBLIC NOTICE OF A VIOLATION IN A PUBLIC WATER SYSTEM, SO AS TO CONFORM TERMS TO REVISED DEFINITIONS; TO AMEND SECTION 44-55-80 RELATING TO UNLAWFUL ACTS RELEVANT TO PUBLIC WATER SYSTEMS, SO AS TO CONFORM TERMS TO REVISED DEFINITIONS; TO AMEND SECTION 44-55-90 RELATING TO PENALTIES AND INJUNCTIVE RELIEF, SO AS TO CLARIFY THE PENALTY FOR CONTINUOUS VIOLATIONS; TO AMEND SECTION 44-55-120, AS AMENDED, RELATING TO THE SAFE DRINKING WATER FUND, SO AS TO DELETE THE PROVISION THAT ANNUAL WATER SYSTEM FEES MUST BE ESTABLISHED ANNUALLY IN THE GENERAL APPROPRIATIONS ACT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-55-20 of the 1976 Code, as last amended, by Act 181 of 1993 is further amended to read:
"Section 44-55-20. (a)(1) 'Board' means the Board of the South Carolina Board Department of Health and Environmental Control which is charged with the responsibility for implementation of the Safe Drinking Water Act.
(b)(2) 'Director' 'Commissioner' means the duly constituted director Commissioner of the Department or his the commissioner's authorized agent.
(3) 'Construction permit' means a permit issued by the department authorizing the construction of a new public water system or for the expansion or modification of an existing public water system.
(c)(4) 'Contamination' means the adulteration or alteration of the quality of the water of a waterworks public water system or water treatment facility by the addition or deletion of any substance, matter, or constituent except as authorized pursuant to this article.
(d)(5) 'Cross-connection' means any actual or potential connection or structural arrangement between a public water supply system and any other source or system through which it is possible to introduce into any part of the potable system any used water, industrial fluid, gas, or substance other than the intended potable water with which the system is supplied. Bypass arrangements, jumper connections, removable sections, swivel or changeover devices, and other temporary or permanent devices through which or because of which backflow can or may occur are considered to be cross-connections.
(e)(6) 'Department' means the South Carolina Department of Health and Environmental Control, including personnel thereof authorized and empowered by the Board to act on behalf of the department or board.
(7) 'Human consumption' means water used for drinking, bathing, cooking, dishwashing, and maintaining oral hygiene, or other similar uses.
(8) 'Operating permit' means a permit issued by the department that outlines the requirements and conditions under which a person must operate a public water system. The owner of a public water system must possess a valid operating permit to operate a public water system in the State.
(f)(9) 'Person' means an individual, partnership, copartnership, cooperative, firm, company, public or private corporation, political subdivision, government agency, trust, estate, joint structure company, or any other legal entity or their its legal representative, agent, or assigns.
(g)(10) 'Public water supply system' means:
(1)(a) any publicly or privately-owned waterworks system which provides drinking water, whether bottled or, piped, or delivered through some other constructed conveyance for human consumption, including the source of supply whether the source of supply is of surface or subsurface origin;
(2)(b) all structures and appurtenances used for the collection, treatment, storage, or distribution of drinking water delivered to point of meter of consumer or owner connection;
(3)(c) any part or portion of the system, including any water treatment facility, which in any way alters the physical, chemical, radiological, or bacteriological characteristics of drinking the water; provided, that however, a public water supply shall system does not include a drinking water system serving a single private residence or dwelling. A separately owned system with its source of supply from another waterworks system shall must be a separate public water supply system. A connection to a system that delivers water by a constructed conveyance other than a pipe must not be considered a connection if:
(i) the water is used exclusively for purposes other than residential uses consisting of drinking, bathing, and cooking or other similar uses;
(ii) the department determines that alternative water to achieve the equivalent level of public health protection provided by the applicable State Primary Drinking Water Regulations is provided for residential or similar uses for drinking and cooking; or
(iii) the department determines that the water provided for residential or similar uses for drinking, cooking, and bathing is centrally treated or treated at the point of entry by the provider, a pass-through entity, or the user to achieve the equivalent level of protection provided by the applicable State Primary Drinking Water Regulations.
(h)(11) 'Well' means a bored, drilled, or driven shaft, or a dug hole, whose depth is greater than the largest surface dimension, from which water is extracted or injected. This shall include includes, but is not be limited to, wells used for water supply for irrigation, industrial, and manufacturing processes, or drinking water, wells used for underground injection of waste for disposal, storage, or drainage disposal, wells used in mineral or geothermal recovery, and any other special process wells.
(i)12) 'Well contractor' means any an individual, corporation, partnership, association, political subdivision, or public agency of this State in immediate supervision of and responsible for the construction, development, testing, maintenance, repair, or preparation for abandonment of any well as defined by this chapter. This term shall does not include persons constructing, opening, or closing wells on their own property."
SECTION 2. Section 44-55-30 of the 1976 Code is amended to read:
"Section 44-55-30. In general, the design and construction of any public water supply shall system must be in accord with modern engineering practices for such these installations. The board shall establish such rules, regulations, procedures, or standards as may be necessary to protect the health of the public and to insure ensure proper operation and function of public water supplies and waterworks systems. Such rules and These regulations may prescribe minimum design criteria, the requirements for the issuance of construction and operation permits, operation and maintenance standards, and bacteriological, chemical, radiological, and physical standards for public water supplies systems and other appropriate rules and regulations."
SECTION 3. Section 44-55-40 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 44-55-40. (a)(A) Before the construction, expansion, or modification of any public water supply system, application for a permit to construct shall must be made to, and a permit to construct obtained from, the department.
(b)(B) All applications for a permit to construct shall include such engineering, chemical, physical, radiological, or bacteriological data as may be required by the department and shall must be accompanied by engineering plans, drawings, and specifications prepared by an engineer registered in this State, which shall carry his official signature and seal. or under the direct supervision of a person properly qualified to perform engineering work as provided in Chapter 22, Title 40, and must be signed or certified by a professional engineer as defined in Chapter 22, Title 40.
(c)(C) Upon the completion of construction, modification, or extension to a public water supply system, arrangements shall must be made for a final inspection and approval before operation as prescribed by regulation. No new facility shall may be operated prior to approval by the department.
(d)(D) Any public water supply shall system must be adequately protected and maintained so as to continuously provide safe and potable water in sufficient quantity and pressure and free from potential hazards to the health of the consumers. No person shall may install, permit to be installed, or maintain any unprotected cross-connection between a public water supply system and any other water system, sewer, or waste line or any piping system or container containing polluting substances. To facilitate the prevention and control of cross-connections, the department shall certify qualified individuals who are capable of testing cross-connection control devices to insure ensure their proper operation.
(E) Hand dug and bored wells constructed with casing materials of rock, concrete, or ceramic must not be used as a source of water for a public water system.
(e)(F) In exercising its responsibility under this article, the department is authorized to investigate the public water supply system as often as is deemed the department considers necessary by it. Records of operation of public water supplies shall systems must be kept on forms approved or furnished by the department, and this data shall must be submitted at such times and intervals as deemed the department considers necessary by it. Samples of water shall must be collected and analyzed by the supplier system as required.
(f)(G) The department may authorize variances or exemptions from the regulations issued pursuant to this section under conditions and in such manner as the board deems considers necessary and desirable; provided, however, that such these variances or exemptions are must be permitted under conditions and in a manner which is not less stringent than the conditions under, and the manner in which, variances and exemptions may be granted under the Federal Safe Drinking Water Act.
(g)(H) The department or its authorized representative shall have has the authority to enter upon the premises of any public water supply system at any time for the purpose of carrying out the provisions of this article.
(h)(I) The department may issue, modify, or revoke any order to prevent any violation of this article after adequate notice and proper hearing as required by the Administrative Procedures Act.
(i)(J) The department may hold public hearings and compel the attendance of witnesses; conduct studies, investigations, surveillance of laboratories, including certification programs, and research with respect to the operation and maintenance of any public water supply, waterworks system and water treatment facility system; adopt and implement plans for the provision of drinking water under emergency circumstances and issue, deny, revoke, suspend, or modify permits under such conditions as it may prescribe for the operation of any public water supply, waterworks system or water treatment facility system; provided, however, that no permit shall may be revoked without first providing an opportunity for a hearing.
(j)(K) The Director Commissioner of the Department of Health and Environmental Control shall classify all public water supplies systems giving due regard to the size, type, complexity, physical condition, source of supply, and treatment process employed by such the public water supply system and the skill, knowledge, and experience necessary for the operation of such supplies the systems. The classification shall must be based on the following groups:
Group I. All community water supplies which serve less than fifty taps and do not treat the water; all community water supplies which purchase all potable water from another public water supply and do not chemically treat the water; and all noncommunity water supplies which do not treat the water. All public water systems which include one or more of the following components: distribution lines, storage, well, and pump station.
Group II. All community water supplies which serve fifty or more taps, obtain their water from wells or springs, and do not chemically treat the water. All public water systems which include one or more of the components listed in Group I and which provides disinfection treatment using a sodium hypochlorite or calcium hypochlorite solution as the disinfectant.
Group III. All public water supplies that treat water by simple addition of a chemical for the purpose of pH adjustment or disinfection, or which control taste and color by carbon absorption. All public water systems which include one or more of the components listed in Groups I and II and one or more of these components: chlorination using gaseous chlorine, chloramine disinfection, corrosion control treatment, sequestering, and fluoridation.
Group IV. All public water supplies employing conventional treatment techniques in the treatment of surface or groundwater. All public water systems which include one or more of the components listed in Groups I, II, and III and one or more of these components for treatment of a groundwater source which is not under the direct influence of surface water: aeration, coagulation, sedimentation, lime softening, filtration, chlorine dioxide, ozone, ultra-violet light disinfection, powdered activated carbon addition, granular activated carbon filtration, ion exchange, membrane technology, and sludge storage and sludge dewatering facilities.
Group V. All public water supplies employing advanced treatment techniques, such as reverse osmosis or activated carbon filtration, or all water systems which serve a total population in excess of two hundred thousand. All public water systems which include one or more of the components listed in Groups I, II, and III and one or more of these components for the treatment of a surface water source or a groundwater source which is under the direct influence of surface water: aeration, coagulation, sedimentation, solids contact clarification with a minimum detention time of 2 hours in the clarification unit, lime softening, rapid rate gravity filtration (up to 4 g.p.m./sq/ft), slow sand filtration, chlorine dioxide, powdered activated carbon addition, granular activated carbon filtration, ion exchange, sludge storage, and sludge dewatering. All public water systems which do not provide filtration for a surface water source or a groundwater source which is under the direct influence of surface water.
Group VI. All public water systems which include one or more of the components listed in Groups I, II, III, and V and one or more of these components for the treatment of a surface water source or a groundwater source which is under the direct influence of surface water: high rate gravity filtration (greater than 4 g.p.m./sq ft), solids contact clarification with a detention time of less than 2 hours in the clarification unit, direct filtration, diatomaceous earth filtration, membrane technology, ozone, and ultra-violet light disinfection.
Group VII. Drinking water dispensing stations and vending machines which utilize water from an approved public water system. Bottled water plants which treat water from the distribution system of a public water system or from a groundwater source which is not under the direct influence of surface water.
(k)(L) It shall be is unlawful for any a person to operate a public water supply system classified in Group II through V of subsection (j) of Section 44-55-40 (K) unless the operator-in-charge holds a valid certificate of registration issued by the Board of Certification of Environmental Systems Operators South Carolina Environmental Certification Board in a grade corresponding to the classification of the public water supply system supervised by him the operator-in-charge. All public water supplies systems classified in Group IV and V Groups V and VI of subsection (j) of Section 44-55-40 shall (K) must have an operator of the appropriate grade certified by the South Carolina Board of Certification of Environmental Systems Operators Environmental Certification Board on duty while the facility is in operation.
(l)(M) Effective July 1, 1983, it shall be is unlawful for any a person to engage in the business of well contracting or represent themselves himself or herself to the public as well contractors without (i) obtaining certification from the South Carolina Board of Certification of Environmental Systems Operators, Environmental Certification Board, or (ii) employing well drillers which are certified by the South Carolina Board of Certification of Environmental Systems Operators Environmental Certification Board.
(m)(N) The board, to ensure that underground sources of drinking water are not contaminated by improper well construction and operation, shall be authorized to may promulgate regulations as developed by the Advisory Committee established pursuant to Section 44-55-45, setting standards for the construction, maintenance, operation, and abandonment of any well except for wells where well construction, maintenance, and abandonment are regulated by the Groundwater Use Act of 1969, Section 49-5-10 et seq.; the Oil and Gas Exploration, Drilling, Transportation, and Production Act, Section 48-43-10 et seq., oil and gas production, ; or the Water Use Reporting and Coordination Act, Section 49-4-10. For such these excepted wells, the board is authorized to adopt may promulgate regulations. The board shall further ensure that all wells are constructed in accordance with the standards. The board shall make available educational training on the standards to well drillers or well contractors who desire such this training."
SECTION 4. Section 44-55-45 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 44-55-45. An advisory committee to the board shall must be appointed for the purpose of advising the board during development or subsequent amendment of regulatory standards for the construction, maintenance, operation, and abandonment of wells subject to the jurisdiction of the board. The Advisory Committee shall be is composed of eight members appointed by the board. Five members shall must be active well contractors, ; one member shall must be a registered professional engineer with experience in well design and construction,; one member shall must be a consulting hydrogeologist with experience in well design and construction, ; and one member shall must be engaged in farming and shall represent the public at large. Three ex officio members shall also serve on the Advisory Committee, one of whom shall must be an employee of the Department of Health and Environmental Control, and appointed by the Director thereof commissioner, two of whom shall must be employees of the South Carolina Department of Natural Resources and appointed by the director thereof.
The term of office of members of the Advisory Committee shall be is for four years and until their successors are appointed and qualify. No member may serve with a maximum of more than two consecutive terms. The initial terms of office shall must be staggered, and any member may be removed for cause after proper notification and an opportunity to be heard."
SECTION 5. Section 44-55-50 of the 1976 Code is amended to read:
"Section 44-55-50. (1)(A) In establishing rules, regulations, procedures, and standards under Section 44-55-30 and in exercising supervisory powers under Section 44-55-40 the board or department shall must not prohibit or fail to include provisions for recreational activities including boating, water skiing, fishing, and swimming in any reservoir without first making and publishing specific findings that such these recreational activities would be injurious to the public health and assigning with particularity the factual basis and reasons for such these decisions and the reasons therefor.
(2)(B) If the board or department determines that such these recreational activities would be injurious to the public health it shall cause to have published at least once a week for six consecutive weeks in a newspaper of general circulation in the county or area affected a summary of its findings. Any citizen of this State who objects to the findings of the board or department shall be is entitled to request a public hearing thereon, which the board or department shall conduct within thirty days after the request. The public hearing shall must be a formal evidentiary hearing where testimony shall must be recorded. After such the hearing the board or department shall review its initial findings and shall within thirty days after the hearing affirm or reevaluate its findings in writing and give notice thereof to known interested parties. The findings of the board or department may then be appealed to the circuit court, which shall be is empowered to modify or overrule such the findings if the court determines them the findings to be arbitrary or unsupported by the evidence. Notice of intention to appeal shall must be served on the board or department within fifteen days after it has affirmed or reevaluated its initial findings and copies thereof shall also must be served on known interested parties.
Any A public water supply agency system utilizing a fully owned and protected water supply reservoir that does not now employ or require filtration shed as its water supply is exempt from the provisions of this section."
SECTION 6. Section 44-55-60 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 44-55-60. (a)(A) An imminent hazard shall be is considered to exist when in the judgment of the director commissioner there is a condition which may result in a serious immediate risk to public health in a public water supply system.
(b)(B) In order to eliminate an imminent hazard, the director commissioner may, without notice or hearing, issue an emergency order requiring the water supplier system to immediately take such action as is required under the circumstances to protect the public health. A copy of the emergency order shall must be served by certified mail or other appropriate means. An emergency order issued by the director shall commissioner must be effected immediately and binding until such the order is reviewed and modified by the board or modified or rescinded by a court of competent jurisdiction."
SECTION 7. Section 44-55-70 of the 1976 Code is amended to read:
"Section 44-55-70. Whenever a public water supply system:
(1) is not in compliance with the State Primary Drinking Water Regulations;
(2) fails to perform required monitoring;
(3) is subject to a variance granted for an inability to meet a maximum contaminant level requirement;
(4) is subject to an exemption; or
(5) fails to comply with the requirements prescribed by a variance or exemption, the system shall, as soon as practicable, give public notice of such the condition or noncompliance.
The board shall prescribe procedures for such the public notice, including procedures for notification by publication in a newspaper of general circulation, notification to be given in the water bills of the systems, as long as a condition of violation exists, and such other notification as is deemed considered appropriate by the board."
SECTION 8. Section 44-55-80 of the 1976 Code is amended to read:
"Section 44-55-80. (a)(A) It shall be is unlawful for any a person to fail to comply with:
(1) the provisions of this article or the regulations promulgated pursuant to this article; to fail to comply with
(2) the conditions of any permit issued under this article; or to fail to comply with;
(3) any order of the department.
(b)(B) It shall be is unlawful for any a person to render a public water supply system, or part or portion thereof of a public water system, inoperable or unusable by means of contamination, vandalism, sabotage, or assault upon or detention of employees of such supply the system; or to misrepresent any fact related to the operation of such a public water supply system."
SECTION 9. Section 44-55-90 of the 1976 Code is amended to read:
"Section 44-55-90. (a)(A) Any A person wilfully violating the provisions of Section 44-55-80 shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined not more than ten thousand dollars a day for each day of violation or imprisoned for not more than one year, or both.
(b)(B) (1) Any A violation of Section 44-55-80 by any a person shall render renders the violator liable to the State for a civil penalty of a sum which is not more than five thousand dollars a day for each day of violation.
(2) The department may administer penalties as otherwise provided herein for violations of this article, including any order, permit, regulation, or standard or may request the Attorney General to commence an action under this subsection in an appropriate court of the State to secure such this penalty.
(c)(C) The department may cause to be instituted a civil action in any court of applicable jurisdiction for injunctive relief to prevent violation of this article or any order issued pursuant to Sections 44-55-40, 44-55-60, and 44-55-70."
SECTION 10. Section 44-55-120 of the 1976 Code, as last amended by Section 75A, Part II, Act 164 of 1993, is further amended to read:
"Section 44-55-120. (A) In order to comply with the federal Safe Drinking Water Act, in addition to other fees authorized under this article, the department is authorized to collect an annual fee, which must be established annually in the general appropriations act, from each public drinking water system. The schedule for the annual fee, established pursuant to regulation, may not be increased except in accordance with the Administrative Procedures Act. Upon appropriation of additional state funds for this specific purpose or state funds not otherwise allocated for specific purposes to implement the provisions of the federal Safe Drinking Water Act, the department shall adjust the fee schedule by an equivalent amount.
(B) There is established in the treasurer's office a separate an account entitled the Safe Drinking Water Trust Fund which is separate and distinct from the Environmental Protection Fund established pursuant to Chapter 2, Title 48. The fees collected from the public water systems pursuant to this section must be deposited in this fund the Drinking Water Trust Fund, and must be provided to the department solely for purposes of implementing this chapter and the federal Safe Drinking Water Act. The fees must be established in accordance with fees which fund the Environmental Protection Fund pursuant to Chapter 2, Title 48.
(C) There is established a Safe Drinking Water Advisory Committee for the purpose of advising and providing an annual review to the department and General Assembly on the fee schedule and the use of revenues deposited in the Safe Drinking Water Trust Fund. The Governor shall appoint the advisory committee which must be composed of one member representing water systems with fifty thousand or more service connections, one member representing water systems with at least twenty-five thousand but fewer than fifty thousand service connections, one member representing water systems with at least ten thousand but fewer than twenty-five thousand water connections, one member representing water systems with at least one thousand but fewer than ten thousand service connections, one member representing water systems with fewer than one thousand service connections, and the State Consumer Advocate, and the Commissioner of the Department of Health and Environmental Control, or a designee.
(D) The department may deny a construction permit to any new system which is unable to demonstrate viability to comply with the Safe Drinking Water Act or where connection to an existing, viable water system is feasible. The department also may revoke or deny renewal of an operating permit to any existing water system which is unable to demonstrate its ability to continue compliance with this act.
(E) A water system may increase water rates to each service connection by an amount necessary to recover the cost of the safe drinking water fee without seeking approval of the public service commission. The total funds generated from rate increases to service connections for the purpose of paying the safe drinking water fee may not exceed the cost amount of the fee established in the General Appropriations Act pursuant to subsection (B)."
SECTION 11. This act takes effect upon approval by the Governor.