South Carolina General Assembly
114th Session, 2001-2002

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Bill 4002


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      4002
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010424
Primary Sponsor:                  M. Hines
All Sponsors:                     M. Hines, Jennings, Hayes, Battle, 
                                  Knotts, Cotty, Meacham-Richardson, Simrill, 
                                  Lourie, Clyburn, J. Hines, Martin, Miller, 
                                  J.E. Smith, Allison, Barfield, Breeland, 
                                  R. Brown, Cato, Freeman, Gilham, Gourdine, 
                                  Harrison, Hinson, Hosey, Howard, Keegan, 
                                  Kelley, Kirsh, Limehouse, Littlejohn, Lloyd, 
                                  J.M. Neal, Perry, Rivers, Rodgers, 
                                  Scarborough, Scott, Snow, Stille, Talley, 
                                  Trotter, Wilkins, A. Young, Lucas
Drafted Document Number:          l:\council\bills\swb\5378djc01.doc
Companion Bill Number:            626
Residing Body:                    House
Current Committee:                Agriculture, Natural Resources and 
                                  Environmental Affairs Com 20 HANR
Subject:                          Swine farms, houses; lagoons, animal 
                                  waste management systems; construction of 
                                  unlawful; Animals, Agriculture


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20010501  Co-Sponsor added (Rule 5.2) by Rep.            Lucas
------  20010426  Companion Bill No. 626
House   20010424  Introduced, read first time,           20 HANR
                  referred to Committee


              Versions of This Bill

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND CHAPTER 1, TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGRICULTURE BY ADDING SECTION 46-1-160 SO AS TO PROVIDE FOR A MORATORIUM ON THE CONSTRUCTION OR EXPANSION OF SWINE FARMS, SWINE HOUSES, AND ON LAGOONS AND ANIMAL WASTE MANAGEMENT SYSTEMS FOR SWINE FARMS AND SWINE HOUSES, AND ON THE ISSUANCE OF ANY PERMIT REQUIRED FOR THE CONSTRUCTION OR EXPANSION OF SWINE FARMS, SWINE HOUSES, AND ON LAGOONS AND ANIMAL MANAGEMENT SYSTEMS FOR SWINE FARMS AND SWINE HOUSES UNTIL AND UNLESS OTHERWISE PROVIDED BY LAW, AND TO PROVIDE CERTAIN EXEMPTIONS FROM THE MORATORIUM; AND BY ADDING SECTION 46-1-170 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO USE, CONSTRUCT, OR EXPAND A LAGOON AS PART OF OR AS A COMPONENT OF AN ANIMAL WASTE MANAGEMENT SYSTEM FOR A SWINE FARM OR SWINE HOUSE IN THIS STATE, AND TO PROVIDE THIS SECTION DOES NOT APPLY TO THE USE OF EXISTING LAGOONS.

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

SECTION    1.    Chapter 1, Title 46 of the 1976 Code is amended by adding:

    "Section 46-1-160.    (A)    For purposes of this section:

        (1)    'Animal waste' means liquid residuals resulting from an animal operation that are collected, treated, stored, or applied to the land through an animal waste management system.

        (2)    'Animal waste management system' means liquid residuals resulting from an animal operation that are collected, treated, stored, or applied to the land through an animal waste management system.

        (3)    'Lagoon' means a confined body of water to hold animal byproducts including bodily waste from animals or a mixture of waste with feed, bedding, litter, or other agricultural materials.

        (4)    'Site evaluation' means an investigation to determine if a site meets all state and federal requirements as evidenced by the documents required by law.

        (5)    'Swine' means any of various omnivorous ungulates of the family Suidae, including pigs, hogs, and any other animal of the porcine species.

        (6)    'Swine farm' means a tract of land devoted to raising two hundred fifty or more animals of the porcine species.

        (7)    'Swine house' means a building that shelters porcine animals on a continuous basis.

    (B)    Except as provided in this section, there is a moratorium on the construction or expansion of swine farms, swine houses, and on lagoons and animal waste management systems for swine farms, and on the issuance of any permit required for the construction or expansion of swine farms, swine houses, and on lagoons and animal management systems for swine farms and swine houses.

    (C)    Until and unless otherwise provided by law, it is unlawful for any person, state agency, county, county agency, municipality, or municipal agency to issue a permit for an animal waste management system for a new swine farm or the expansion of an existing swine farm. The construction or expansion of a swine farm or animal waste management system for a swine farm is unlawful and prohibited during the period of the moratorium regardless of the date on which a site evaluation for the swine farm is completed and regardless of whether the animal waste management system is permitted under applicable law.

    (D)    The moratorium established by this section does not prohibit:

        (1)    construction to repair a component of an existing swine farm or lagoon;

        (2)    construction to replace a component of an existing swine farm or lagoon if the replacement does not result in an increase in swine population or waste;

        (3)    construction for the purpose of complying with applicable animal waste management rules and not for the purpose of increasing the swine population or waste; or

        (4)    the issuance by any person or agency of permits necessary and required for the construction exempted from the moratorium by this subsection."

SECTION    2.    Chapter 1, Title 46 of the 1976 Code is amended by adding:

    "Section 46-1-170.    (A)    It is unlawful to use, construct, or expand a lagoon as part of or as a component of an animal waste management system for a swine farm or swine house in this State. For purposes of this section, 'lagoon' means a confined body of water to hold animal byproducts including bodily waste from animals or a mixture of waste with feed, bedding, litter, or other agricultural materials.

    (B)    This section does not apply to lagoons used as part of or as a component of an animal waste management system for swine farm or swine house that is operational in this State as of April 23, 2001."

SECTION    3.    This act takes effect upon approval by the Governor.

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