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Bill 3391

                    Current Status

Bill Number:                      3391
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990128
Primary Sponsor:                  Harris
All Sponsors:                     Harris, Jennings, Hayes
Drafted Document Number:          l:\council\bills\bbm\10048som99.doc
Residing Body:                    House
Current Committee:                Agriculture, Natural Resources and 
                                  Environmental Affairs Com 20 HANR
Subject:                          Animal feeding operations, expansion of; 
                                  notice requirements and application 
                                  provisions; Agriculture


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990128  Introduced, read first time,           20 HANR
                  referred to Committee


                             Versions of This Bill

TO AMEND SECTION 47-20-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTICE AND PUBLIC HEARING REQUIREMENTS FOR THE CONSTRUCTION OR EXPANSION OF ANIMAL FEEDING OPERATIONS, SO AS TO PROVIDE EXPANDED NOTICE REQUIREMENTS THAT WILL APPLY TO AN ANIMAL FEEDING OPERATION OF ANY SIZE CAPACITY AND TO FURTHER PROVIDE THE DEPARTMENT SHALL CONDUCT A PUBLIC HEARING FOR ANY ANIMAL FEEDING OPERATION APPLICATION.

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

SECTION 1. Section 47-20-140 of the 1976 Code, as added by Act 460 of 1996, is amended to read:

"Section 47-20-140. (A) For an animal feeding operation of any size capacity which has the capacity of more than 420,000 pounds of normal production animal live weight at any one time and is seeking to construct or expand an established animal feeding operation, the department shall:

(1) publish a notice of intent to construct or to expand an established animal feeding operation governed by this chapter in a local newspaper of general circulation,;

(2) notify persons residing on adjoining property,; and

(3) notify persons residing on property within one thousand feet of the property line of the animal feeding operation applicant;

(4) notify the relevant county commission and water supply district;

(5) notify in writing all members of the county legislative delegation; and

(6) notify in writing all members of the county governing body.

at the The notifications required under subsections (A)(2) through (A)(6) must be sent by certified mail, return receipt requested. All notification and publication expense expenses of shall be paid by the animal feeding operation applicant. Proof of notification of neighboring land owners and residents must be supplied by the applicant. This notice shall contain instructions for public review and comment to the department on the proposed construction and operation of the facility. The notice shall allow for a minimum thirty-day comment period.

(B) The department shall conduct a public hearing and shall provide notice of the public hearing in accordance with the notice requirements provided for in subsection (A) in any case in which the department receives at least twenty letters requesting a public hearing for any animal feeding operation application."

SECTION 2. This act takes effect upon approval by the Governor.

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