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TO AMEND SECTION 48-39-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS REQUIRED FOR UTILIZING A CRITICAL AREA IN COASTAL ZONE COUNTIES FOR PURPOSES OTHER THAN THOSE FOR WHICH THE AREA HAS BEEN DESIGNATED AND EXCEPTIONS TO THIS REQUIREMENT, SO AS TO PROVIDE AN ADDITIONAL EXCEPTION FOR DISPOSAL OF MATERIAL DERIVED FROM MAINTENANCE DREDGING WITHIN CERTAIN DEVELOPMENTS IF SPECIFIC CRITERIA ARE MET.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 48-39-130(D) of the 1976 Code, as last amended by Act 181 of 1993, is further amended by adding at the end:
"(10) Disposal of dredged material derived from maintenance dredging of marinas, associated harbor channels, and navigable waterways within a master planned development, which would qualify as a planned unit development and whose restrictive covenants were recorded before January 1, 1966, and which were initially constructed before the enactment of the Federal Clean Water Act of 1972 and the South Carolina Coastal Zone Management Act of 1977, and disposal of the material requires a permit from the United States Army Corps of Engineers under either Section 10 of the Federal Rivers and Harbors Act of 1899, as amended, or the Federal Clean Water Act of 1972, as amended, and the department shall waive any Section 401 Water Quality Certification if the following are met:
(a) Discharge of the material to inshore waters does not exceed an annual volume of forty thousand cubic yards.
(b) Discharge of the material to inshore waters is only conducted from November 1 through March 31.
(c) Discharge of the material to inshore waters is only conducted during an outgoing tide, as verified by official National Oceanic and Atmospheric Administration tide information.
(d) Location of the discharge pipe is determined in consultation with the department and the United States Army Corps of Engineers.
(e) Bathymetry, sediment composition, and benthic community at the discharge site is monitored for potential long term impacts in accordance with a monitoring plan developed in consultation with the Department of Natural Resources, and an annual monitoring report is provided to the department following each discharge cycle."
SECTION 2. This act takes effect upon approval by the Governor.
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