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Current Status Bill Number:View additional legislative information at the LPITS web site.223 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20010130 Primary Sponsor:Drummond All Sponsors:Drummond, McConnell, Ravenel, Leventis, Richardson, Courson, Waldrep, Giese and Hayes Drafted Document Number:l:\council\bills\nbd\11202ac01.doc Residing Body:Senate Current Committee:Agriculture and Natural Resources Committee 01 SANR Subject:Wetlands Protection Act, Conservation, Health and Environmental Control Department, Pollution Control, Natural Resources History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20010130 Introduced, read first time, 01 SANR referred to Committee Versions of This Bill
TO AMEND CHAPTER 1, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, SO AS TO ENACT THE "SOUTH CAROLINA WETLANDS PROTECTION ACT", WHICH PROVIDES FOR THE PROTECTION, MANAGEMENT, AND ENHANCEMENT OF THE WETLANDS OF SOUTH CAROLINA, DIRECTS THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS FOR A COMPREHENSIVE PERMITTING PROGRAM, AND AUTHORIZES IMPLEMENTATION OF A FEE SCHEDULE; TO AMEND SECTION 48-1-10, RELATING TO DEFINITIONS IN THE "POLLUTION CONTROL ACT", SO AS TO INCLUDE WETLANDS IN THE DEFINITION OF WATERS OF THE STATE AND TO REVISE OTHER DEFINITIONS TO CONFORM TO THAT AMENDED DEFINITION; TO AMEND SECTION 48-1-50 RELATING TO THE POWERS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UNDER THE POLLUTION CONTROL ACT, SO AS TO INCLUDE THE AUTHORITY TO ISSUE PERMITS FOR DRAINING OR EXCAVATING OR CONSTRUCTING IN WETLANDS; AND TO DESIGNATE SECTIONS 48-1-10 THROUGH 48-1-350 AS ARTICLE 1 OF CHAPTER 1, TITLE 48 ENTITLED THE "POLLUTION CONTROL ACT" AND TO RENAME CHAPTER 1 OF TITLE 48 AS "POLLUTION CONTROL AND WETLANDS PROTECTION".
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1, Title 48 of the 1976 Code is amended by adding:
Section 48-1-500. This article may be cited as the 'South Carolina Wetlands Protection Act'.
Section 48-1-510. The General Assembly finds:
(1)(a) that the wetlands of this State are critical to the long term protection of the natural water resources of the State;
(b) that the Department of Health and Environmental Control is and has historically been the arm of state government charged with protection of the waters of the State;
(c) the wetlands act as the vital link between land and water providing a wide array of environmental functions including shoreline stabilization, nonpoint source runoff filtration, and erosion control which directly benefit adjacent and downstream waters;
(d) and that wetlands provide important biological habitat, including nursery areas for aquatic life and wildlife and other benefits such as groundwater recharge and recreation.
(2) the basic elements of existing water quality standards and classified use criteria and an antidegradation policy administered by the Department of Health and Environmental Control provide a sound legal basis for protecting wetland resources programs. By the passage of this article, the State will further achieve its goal of protecting the environment and the public health through a wetlands regulatory program.
Section 48-1-520. (A) The definitions set forth in Article 1 are incorporated by reference in this article.
(B) For purposes of this article:
(1) 'Wetlands permit' means a permit obtained from the department to engage in a regulated activity issued pursuant to the provisions of this chapter and regulations promulgated under this chapter.
(2) 'Regulated activity' means any dredging, excavating, or removing soils or other materials, dumping or discharging pollutants or other wastes, filling or depositing materials, erecting or placing a structure, placing an obstruction, driving pilings, destroying plant life, or altering hydrology including, but not limited to, draining, flooding, or disturbing the surface or groundwater level or water table within a wetland.
(3) 'Mitigation' means:
(a) avoiding an adverse impact by not taking a certain action or parts of an action;
(b) minimizing an adverse impact by limiting the degree or magnitude of an action and its implementation;
(c) rectifying an adverse impact by repairing, rehabilitating, or restoring the affected environment;
(d) reducing or eliminating an adverse impact over time by preservation and maintenance operations during the life of the action; or
(e) compensating for the adverse impact by replacing or providing substitute resources or environments of equal or greater quality and functions.
Section 48-1-530. (A) The department shall promulgate regulations, including procedures or standards, as may be necessary to establish a permitting program and provide for the protection of the state's wetland resources in accordance with this chapter. These regulations shall include, but not be limited to:
(1) purpose and scope of program;
(2) definitions;
(3) program policies;
(4) jurisdiction;
(5) regulated activities;
(6) activities exempted, general permits;
(7) application procedures;
(8) application review criteria, mitigation;
(9) public participation;
(10) appeals procedure; and
(11) compliance and enforcement.
(B) Within twelve months of the effective date of this act, the department must promulgate and submit to the General Assembly for review regulations for a statewide wetlands permitting program. In addition to complying with the requirements of the Administrative Procedures Act, the department must hold additional public meetings across the State during the regulation drafting period to obtain input from interested parties.
Section 48-1-540. The department is authorized to implement a fee schedule for the wetlands program. The amount of fees collected annually must not exceed the cost of operating the wetlands permitting program."
SECTION 2. Section 48-1-10(2), (6), and (7) of the 1976 Code is amended to read:
"(2) 'Waters of the State' means lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, wetlands, inlets, canals, the Atlantic Ocean within the territorial limits of the State, and all other bodies of surface or underground water, natural or artificial, public or private, inland or coastal, fresh or salt, which are wholly or partially within or bordering the State or within its jurisdiction;
(6) 'Other wastes' means garbage, refuse, decayed wood, sawdust, shavings, bark, sand, clay, lime, cinders, ashes, offal, oil, gasoline, other petroleum products or by-products, tar, dye stuffs, acids, chemicals, dead animals, heated substances and all other products, by-products or substances not sewage or industrial waste including, but not limited to, material excavated or dredged from waters of the State and material used for the primary purpose of filling an aquatic area or of changing the bottom elevation of a water body;
(7) 'Pollution' means:
(1)(a) the presence in the environment of any substance, including, but not limited to, sewage, industrial waste, other waste, air contaminant, or any combination thereof of these in such quantity and of such characteristics and duration as may cause, or tend to cause the environment of the State to be contaminated, unclean, noxious, odorous, impure or degraded, or which is, or tends to be injurious to human health or welfare; or which damages property, plant, animal or marine life or use of property; or
(2)(b) the man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water waters of the State including, but not limited to, dredging or removing material for the purpose of altering the natural bottom elevation of a water body;"
SECTION 3. Section 48-1-10 of the 1976 Code, is further amended by adding at the end:
"(24) 'Wetlands' means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands must posses hydrophytic vegetation, hydric soils, and wetland hydrology."
SECTION 4. Section 48-1-50 of the 1976 Code is amended by adding at the end:
"(26) Issue, deny, revoke, suspend, or modify permits for draining or excavating or constructing in wetlands."
SECTION 5. Sections 48-1-10 through 48-1-350, of the 1976 Code are designated as Article 1 of Chapter 1, Title 48 to be entitled the "Pollution Control Act". Chapter 1 of Title 48 is renamed "Pollution Control and Wetlands Protection".
SECTION 6. This act takes effect upon approval by the Governor.
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