South Carolina General Assembly
116th Session, 2005-2006

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Bill 282


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Indicates New Matter


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A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-120 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO REQUIRE AN INDUSTRIAL FACILITY LOCATED IN A RESIDENTIAL AREA TO CEASE OPERATION IF IT IS DETERMINED THAT THE FACILITY IS NEGLIGENT IN DISPOSING OF WASTE AND INDUSTRIAL BYPRODUCTS AND THIS NEGLIGENCE CAUSES HARM TO PERSONS RESIDING IN THE AREA.

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

SECTION    1.    The 1976 Code is amended by adding:

"Section 44-1-120.    Notwithstanding any other provision of law, upon a determination that an industrial facility located in a residential area is negligent in disposing of waste or industrial byproducts and this negligence causes or contributes harm to persons residing in the area, the department is authorized to issue an order requiring the facility to cease and desist its operations."

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

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