South Carolina General Assembly
119th Session, 2011-2012

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S. 1115

STATUS INFORMATION

Joint Resolution
Sponsors: Senators McConnell, Malloy, Leventis, Lourie, Alexander, Anderson, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Courson, Cromer, Elliott, Fair, Ford, Gregory, Grooms, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, L. Martin, S. Martin, Massey, Matthews, McGill, Nicholson, O'Dell, Peeler, Pinckney, Rankin, Reese, Rose, Scott, Setzler, Sheheen, Shoopman, Thomas, Verdin and Williams
Document Path: l:\s-jud\bills\mcconnell\jud0159.kw.docx
Companion/Similar bill(s): 4627

Introduced in the Senate on January 17, 2012
Introduced in the House on February 2, 2012
Last Amended on February 1, 2012
Currently residing in the House Committee on Agriculture, Natural Resources and Environmental Affairs

Summary: Issues pertaining to the Savannah River

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/17/2012  Senate  Introduced and read first time (Senate Journal-page 13)
   1/17/2012  Senate  Referred to Committee on Medical Affairs 
                        (Senate Journal-page 13)
   1/31/2012  Senate  Recalled from Committee on Medical Affairs 
                        (Senate Journal-page 4)
   1/31/2012  Senate  Read second time (Senate Journal-page 4)
   1/31/2012  Senate  Roll call Ayes-35  Nays-0 (Senate Journal-page 4)
    2/1/2012          Scrivener's error corrected
    2/1/2012  Senate  Amended (Senate Journal-page 25)
    2/1/2012  Senate  Read third time and sent to House 
                        (Senate Journal-page 25)
    2/1/2012  Senate  Roll call Ayes-37  Nays-0 (Senate Journal-page 25)
    2/2/2012  House   Introduced and read first time (House Journal-page 14)
    2/2/2012  House   Referred to Committee on Agriculture, Natural Resources 
                        and Environmental Affairs (House Journal-page 14)
    2/2/2012          Scrivener's error corrected

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/17/2012
1/31/2012
2/1/2012
2/1/2012-A
2/2/2012

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

AS PASSED BY THE SENATE

February 1, 2012

S. 1115

Introduced by Senators McConnell, Malloy, Leventis, Lourie, Alexander, Anderson, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Courson, Cromer, Elliott, Fair, Ford, Gregory, Grooms, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, L. Martin, S. Martin, Massey, Matthews, McGill, Nicholson, O'Dell, Peeler, Pinckney, Rankin, Reese, Rose, Scott, Setzler, Sheheen, Shoopman, Thomas, Verdin and Williams

S. Printed 2/1/12--S.    [SEC 2/2/12 12:20 PM]

Read the first time January 17, 2012.

            

A JOINT RESOLUTION

TO SUSPEND THE AUTHORITY OF THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR ALL DECISIONS SUBSEQUENT TO 2007 PERTAINING TO THE NAVIGABILITY, DEPTH, DREDGING, WASTEWATER AND SLUDGE DISPOSAL, AND RELATED COLLATERAL ISSUES OF THE SOUTH CAROLINA PORTION OF THE SAVANNAH RIVER BECAUSE THE AUTHORITY OF THE SAVANNAH RIVER MARITIME COMMISSION SUPERSEDES AND REPLACES THE AUTHORITY OF THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITH REGARD TO ALL ACTIONS CONCERNING THE SOUTH CAROLINA PORTION OF THE SAVANNAH RIVER BY ENACTMENT OF ACT NO. 56 OF 2007, EFFECTIVE MAY 1, 2007.

Amend Title To Conform

Whereas, the South Carolina Department of Health and Environmental Control, hereinafter the department, was granted the authority to maintain reasonable standards of purity of air and water quality by enactment of the South Carolina Pollution Control Act; and

Whereas, the Savannah River Maritime Commission, hereinafter the Maritime Commission, by enactment of Act No. 56 in 2007, effective May 1, 2007, was granted the authority to represent this State in all matters pertaining to the navigability, depth, dredging, wastewater and sludge disposal, and related collateral issues in regard to the use of the Savannah River as a waterway for ocean-going container or commerce vessels; and

Whereas, the General Assembly granted to the Maritime Commission by statute the oversight responsibilities for the State as to the navigability or depth of the South Carolina portion of the Savannah River, superseding any other concurrent responsibilities of a particular state agency or department; and

Whereas, the South Carolina General Assembly has learned that, contrary to its legislative enactment of 2007, the authority of the Maritime Commission was unlawfully usurped by the department in its approval of an application from the Savannah District Office of the United States Corps of Engineers for Water Quality Certification pursuant to Section 401 of the Clean Water Act and Construction in Navigable Waters Permit to dredge a portion of the Savannah River in South Carolina as part of the Savannah River Expansion Project; and

Whereas, the South Carolina General Assembly has learned that the approval of the above-referenced application could present imminent and irreversible public health and environmental concerns; and

Whereas, Article I, Section 7 of the South Carolina Constitution provides that the power to suspend the laws shall be exercised only by the General Assembly. Now, therefore,

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

SECTION    1.    The General Assembly, pursuant to Article I, Section 7 of the South Carolina Constitution, suspends the authority of the South Carolina Department of Health and Environmental Control, hereinafter the department, for all decisions subsequent to 2007 related to all matters pertaining to the navigability, depth, dredging, wastewater and sludge disposal, and related collateral issues in regard to the use of the Savannah River as a waterway for ocean-going container or commerce vessels, in particular the approval by the department of the application of the United States Army Corps of Engineers for a Construction in Navigable Waters Permit for the dredging of the South Carolina portion of the Savannah River, because the authority of the Savannah River Maritime Commission, hereinafter the Maritime Commission, superseded the responsibilities of the department for such approval, as established by Act No. 56 of 2007, and the approval by the department could present imminent and irreversible public health and environmental concerns for the South Carolina portion of the Savannah River.

The Department of Health and Environmental Control retains authority for all matters pertaining to the Savannah River unrelated to the navigability, depth, dredging, wastewater and sludge disposal, and related collateral issues in regard to the use of the Savannah River as a waterway for ocean-going container or commerce vessels.

SECTION    2.    This joint resolution takes effect upon approval of the Governor.

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This web page was last updated on Tuesday, December 10, 2013 at 10:07 A.M.