Download This Bill in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
S. 447
STATUS INFORMATION
General Bill
Sponsors: Senators Gregory, Knotts, Leventis, Sheheen, Grooms, O'Dell, Lourie, Courson, Mescher, McConnell, Ritchie, Alexander and Campsen
Document Path: l:\council\bills\agm\18758mm07.doc
Companion/Similar bill(s): 3466
Introduced in the Senate on February 14, 2007
Introduced in the House on April 10, 2007
Last Amended on March 29, 2007
Currently residing in the House Committee on Agriculture, Natural Resources and Environmental Affairs
Summary: Public Waters Nuisance Abatement Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
-------------------------------------------------------------------------------
2/14/2007 Senate Introduced and read first time SJ-6
2/14/2007 Senate Referred to Committee on Fish, Game and Forestry SJ-6
3/28/2007 Senate Committee report: Favorable with amendment Fish, Game
and Forestry SJ-27
3/29/2007 Senate Amended SJ-40
3/30/2007 Scrivener's error corrected
4/3/2007 Senate Read second time SJ-24
4/4/2007 Senate Read third time and sent to House SJ-9
4/10/2007 House Introduced and read first time HJ-20
4/10/2007 House Referred to Committee on Agriculture, Natural Resources
and Environmental Affairs HJ-21
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
2/14/2007
3/28/2007
3/29/2007
3/30/2007
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
March 29, 2007
S. 447
Introduced by Senators Gregory, Knotts, Leventis, Sheheen, Grooms, O'Dell, Lourie, Courson, Mescher, McConnell, Ritchie Alexander and Campsen
S. Printed 3/29/07--S. [SEC 3/30/07 1:22 PM]
Read the first time February 14, 2007.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 30 TO TITLE 49 SO AS TO ENACT THE "PUBLIC WATERS NUISANCE ABATEMENT ACT" WHICH PERMITS THE DEPARTMENT OF NATURAL RESOURCES TO REMOVE OR REQUIRE THE REMOVAL OF CERTAIN STRUCTURES FROM THE PUBLIC WATERS OF THIS STATE UNDER SPECIFIED CONDITIONS, TO PROVIDE PENALTIES FOR VIOLATION, TO PROVIDE FOR AUTHORITY OF THE ATTORNEY GENERAL AND A MUNICIPALITY OR COUNTY TO DECLARE THESE STRUCTURES NUISANCES AND REQUIRE THEIR REMOVAL, AND TO PROVIDE, FURTHER, FOR A CIVIL ACTION BY A PRIVATE CITIZEN.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 49 of the 1976 Code is amended by adding:
Section 49-30-10. This chapter may be referred to and cited as the 'Public Waters Nuisance Abatement Act'.
Section 49-30-20. The General Assembly finds and declares that structures located upon the public waters of the State which are used as places of temporary or permanent habitation, dwelling, sojournment, or residence interfere with the state's proprietary interest or the public trust, or both, and must be removed to ensure the rights of the State and the people of South Carolina to use and enjoy of the public waters of the State. It is declared to be the policy of this State and the intent of this chapter to protect the public waters of the State by authorizing the removal of nuisance structures from the public waters of the State in accordance with the procedures and within the timetable set forth in this chapter.
Section 49-30-30. As used in this chapter, the term:
(1) 'Department' means the South Carolina Department of Natural Resources.
(2) 'FERC licensee' means an entity that possesses a Federal Energy Regulatory Commission's (FERC) license to operate a licensed lake.
(3) 'Licensed lake' means a public water of the State consisting of an impoundment and its associated hydropower facility that is licensed by the Federal Energy Regulatory Commission (FERC).
(4) 'Structure' means any structure located upon any public waters of this State, whether the structure is floating upon the waters and is made fast by the use of lines, cables, anchors, or pilings, or any combination of these, or is built upon pilings embedded in the beds of the public waters of the State when the structure is being or has been used or is capable of being used as a place of habitation, dwelling, sojournment, or residence for any length of time; is not being used or is not capable of being used primarily as a means of transportation upon these public waters; and is not owned, occupied, or possessed pursuant to a permit issued by the department. This definition includes, but is not limited to, watercraft not being used in navigation; provided, however, that this definition does not include registered or documented watercraft that are capable of navigation and are legally anchored or legally moored to a dock or marina. Also specifically excluded from this definition are fishing camps, bait shops, restaurants, or other commercial establishments, marinas, or docks permitted under applicable South Carolina or federal law, which do not discharge sewage into the public waters of the State and are operated in conformance with the zoning ordinances, if any, of the municipality or county in which they are located.
(5) 'Unpermitted structure' means a structure whose owner did not obtain a permit pursuant to this chapter or a structure remaining after the expiration or revocation of its permit.
(6) 'Waters of the State' has the same meaning as in Section 50-21-10(28).
(7) 'Fund' means the Public Waters Nuisance Abatement Fund.
(8) 'Removal' means to completely extricate the entire structure from the public waters of this State.
Section 49-30-30. The Public Waters Nuisance Abatement Fund is created solely to pay for costs incurred by the State associated with removing unpermitted structures pursuant to this chapter. The fund may receive appropriations from the general fund, federal funds, donations, gifts, the proceeds of permit fees, and other monetary instruments of value. The proceeds contained in the fund may be carried forward from year to year and do not revert to the general fund of the State. The department must maintain and administer the fund. Proceeds from the fund may not be used to pay for costs associated with the removal of an unpermitted structure from licensed lakes.
Section 49-30-40. An owner of a structure existing on March 21, 2007 may apply for a permit from the department authorizing the owner to maintain his structure in its permitted location for five years. A permit may not be renewed, extended, or transferred.
Section 49-30-50. (A) For the privilege of maintaining a structure in its current location, the owner of the structure must obtain a permit for a fee of fifty dollars. The permit fee must be credited to the fund.
(B) To be issued a permit pursuant to this section an owner must:
(1) make a written request for a permit from the department containing:
(a) a sworn statement from all of the owners of the structure acknowledging ownership;
(b) the names and addresses of all owners;
(c) a detailed description of the structure;
(d) the structure's location. To identify the structure's location, the owner must use latitude and longitude or mark it on a United States Geological Survey topographic map; and
(e) a statement that the permit is expressly conditioned upon:
(i) the owner being responsible for removal and all costs associated with removal;
(ii) the structure being equipped with an operable marine toilet; and
(iii) the owner not allowing the discharge of sewage into public waters; and
(2) establish to the satisfaction of the department that the structure does not present a hazard to navigation nor encroach upon private property or a wildlife management area;
(C) Upon the verification of the information contained in the written request and the department's satisfaction that the structure does not present a hazard to navigation nor encroach upon private property or a wildlife management area, the department shall issue a permit to the owner that must be prominently displayed on or about the structure. The issuance of the permit is expressly conditioned upon the owner being responsible for removal and all costs associated with removal, the structure being equipped with an operable marine toilet, and the owner not allowing the discharge of sewage into public waters. The department may not issue permits to written requests postmarked or received later than ninety days after the effective date of this chapter.
(D) A permit may be revoked by the department if:
(1) the structure is moved from its permitted location for use in another location;
(2) the owner fails to abide by any conditions upon which the permit was issued;
(3) the structure becomes a hazard to navigation or encroaches on private property or a wildlife management area;
(4) the structure is abandoned or becomes unusable; or
(5) the owner transfers or attempts to transfer his permit, title, or any interest in the structure to another person.
Section 49-30-60. (A) An unpermitted structure is declared to be a public nuisance and shall be enjoined and abated as provided in this chapter. FERC licensees must survey their licensed lakes and the department must survey all other navigable waters of this State to determine the location of any unpermitted structures. A report must be promptly made to the Attorney General providing notice that an unpermitted structure exists and a reasonable description of where the unpermitted structure is located.
(B) Upon receiving notice of the existence of an unpermitted structure, the Attorney General may maintain an action to enjoin the use of the unpermitted structure and seek an order from the court that the unpermitted structure be removed. If the Attorney General does not commence an action within ninety days after receiving notice pursuant to this chapter, any citizen of this State may bring an action to enjoin the unpermitted structure's use and seek an order from the court requiring its removal. The prevailing party may recover the cost of the action, including attorney's fees. All costs associated with removing unpermitted structures must be borne by the owner.
(C) No proceeding against the owner of an unpermitted structure shall be commenced unless ten days' written notice is given by the party instituting the action to the owner or his agent. If the party bringing the action cannot determine who owns the unpermitted structure, he may give notice of his intention to bring an action by forwarding a notice of his intention to a newspaper of general circulation in the county where the unpermitted structure is located with a request that it be published at least once a week for four consecutive weeks and by posting a notice at the courthouse in the county where the unpermitted structure is located during the same four week period. A notice by publication must describe the unpermitted structure, its location, and the intention of the party maintaining the action to enjoin the use of the unpermitted structure and obtain a court order to have it removed.
Section 49-30-70. (A) The department must contract to remove unpermitted structures pursuant to a court order and to the extent that the fund contains sufficient funds to cover the cost of removal.
(B) FERC licensees are authorized to remove unpermitted structures located on licensed lakes pursuant to a court order.
(1) A FERC licensee may recover from the owner of an unpermitted structure all costs associated with its removal. The department must provide the FERC licensee with any information in the department's possession that may be used to identify and locate an owner from whom the FERC permittee is seeking to recover its costs.
(2) The provisions of this subsection do not create a new duty of care for FERC licensees.
Section 49-30-80. (A) Notwithstanding Chapter 3, Title 22, magistrate's court shall have jurisdiction over actions arising under this section.
(B) A permit holder that fails to remove his structure at the expiration of his permit, who violates a condition upon which the permit was granted, or abandons the structure is guilty of a misdemeanor and, upon conviction, must be fined up to five thousand dollars or imprisoned for up to thirty days, or both. The court must also require the permit holder to pay for all costs associated with the removal of the structure.
(C) Construction, placement, operation, occupation, or use of an unpermitted structure in, on, or about the waters of this State or on a licensed lake is a misdemeanor and, upon conviction, the offender must be fined up to five thousand dollars or imprisoned for up to thirty days, or both. The court must also require the offender to pay for all costs associated with the removal of the unpermitted structure."
SECTION 2. Section 48-1-85 of the 1976 Code is amended to read:
"Section 48-1-85. (A) It is unlawful for a person to operate or float a houseboat on the freshwaters waters of this State having a marine toilet unless it has a marine toilet that discharges only into a holding tank.
(B) As used in this section:
(1) 'Holding tank' means a container designed to receive and hold sewage and other wastes discharged from a marine toilet and constructed and installed in a manner so that it may be emptied only by pumping out its contents.
(2) 'Houseboat' means a vessel which is used watercraft primarily used as a residence habitation and is not used primarily as a means of transportation.
(3) 'Marine toilet' includes equipment for installation on board a houseboat designed to receive, retain, treat, or discharge sewage. A marine toilet must be equipped with a holding tank.
(C) When an owner of a houseboat having a marine toilet applies to the Department of Natural Resources for a certificate of title pursuant to Section 50-23-20, he shall certify in the application that the toilet discharges only into a holding tank.
(D) Houseboat holding tanks may be emptied only by a pump-out system permitted by the South Carolina Department of Health and Environmental Control.
(E) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars for each day's violation or imprisoned not more than thirty days, or both."
SECTION 3. This act takes effect upon approval by the Governor.
This web page was last updated on Monday, October 10, 2011 at 1:28 P.M.