South Carolina General Assembly
116th Session, 2005-2006

Download This Version in Microsoft Word format

Bill 4501

Indicates Matter Stricken
Indicates New Matter


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

AMENDED--NOT PRINTED IN THE HOUSE

Amt. No. 1 (Doc. Path council\agm\18453mm06)

May 3, 2006

H. 4501

Introduced by Reps. G.R. Smith, Witherspoon, Duncan, Leach, Allen, Bailey, Bannister, R. Brown, Cato, Ceips, Cooper, Cotty, Davenport, Edge, Hamilton, Hardwick, Hiott, Huggins, Kirsh, Limehouse, Loftis, Martin, Merrill, Mitchell, Norman, Owens, Perry, Pinson, M.A. Pitts, Rhoad, Rutherford, Scarborough, D.C. Smith, F.N. Smith, G.M. Smith, J.R. Smith, Stewart, Taylor, Tripp, Vaughn, Weeks, White, Young and Hodges

S. Printed 4/27/06--H.

Read the first time January 24, 2006.

            

A BILL

TO AMEND SECTION 48-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE SOUTH CAROLINA POLLUTION CONTROL ACT, SO AS TO DEFINE THE TERM "EPHEMERAL STREAM"; AND TO ADD SECTION 48-1-55 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IN ADMINISTERING THE POLLUTION CONTROL ACT HAS JURISDICTION OVER AN EPHEMERAL STREAM AS DEFINED ABOVE.

Amend Title To Conform

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

SECTION    1.    Section 48-1-10 of the 1976 Code is amended by adding a new item appropriately numbered to read:

"( )    'Ephemeral stream' means streams that (a) generally have defined natural watercourses that flow only in direct response to rainfall or snowmelt and in which discrete periods of flow persist no more than twenty-nine consecutive days per event, (b) are Waters of the United States as determined by the United States Army Corps of Engineers pursuant to 33 C.F.R. 328, and (c) are not excluded from Waters of the United States pursuant to applicable law."

SECTION    2.    Chapter 1, Title 48 of the 1976 Code is amended by adding:

"Section 48-1-55.    The department in administering this chapter has jurisdiction over ephemeral streams as defined in Section 48-1-10."

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

----XX----

This web page was last updated on Tuesday, June 23, 2009 at 2:37 P.M.