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House Amendment 1
H 4654 - Session 119 (2011-2012)
Exemptions and limitations on pollutants
Reference is to Printer's Date 2/23/12-H.
Amend the bill, as and if amended, Section 48-1-90, as contained in SECTION 1, by deleting the SECTION in its entirety and inserting:
/ SECTION 1. Section 48-1-90 of the 1976 Code is amended to read:
"Section 48-1-90.
(a)(A)(1) It
is unlawful for any a person, directly
or indirectly, to throw, drain, run, allow to seep, or
otherwise discharge into the environment of the State organic or
inorganic matter, including sewage, industrial wastes,
and other wastes, except in compliance with a permit issued by
the department.
(2)
The permit requirements of subsection (A)(1),
Section 48-1-100, and Section 48-1-110 do not apply to:
(a)
discharges in a quantity below applicable
threshold permitting requirements
established by the department;
(b)
normal farming, silviculture, aquaculture, and
ranching activities that are exempt under the federal Clean
Water Act;
(c)
discharges to wetlands less than 0.5 acres in
size; or
(d)
discharges exempted by the department from
permitting requirements.
(3)
Subsection (A)(2) must not be construed to:
(a)
impair or affect common law rights;
(b)
repeal prohibitions or requirements of other
statutory law or common law; or
(c)
diminish the department's authority to abate
public nuisances or hazards to public health or the environment,
to abate pollution as defined in Section 48-1-10(7), or to
respond to accidental discharges or spills.
(b)(B)(1)
Any A person who
discharges organic or inorganic matter into the waters of this
State as described in subsection (a) (A)
to the extent that the fish, shellfish, aquatic animals,
wildlife, or plant life indigenous to or dependent upon
the receiving waters or any property
are is damaged or destroyed
shall be is liable to the State for
such the damages as may be
proved. The action shall must
be brought by the State in its own name or in the name of the
department.
(2)
The amount of any a
judgment for damages recovered by the State, less
cost costs, shall
must be remitted to the agency, commission,
department, or political subdivision of the State that
has jurisdiction over the fish, shellfish, aquatic animals,
wildlife, or plant life or property damaged or
destroyed.
(3)
The civil remedy herein provided
shall in subsection (B)(2) is not
be exclusive, and any
an agency, commission, department, or political
subdivision of the State with appropriate authority may
undertake in its own name an action to recover
such damages as it may deem
advisable independent of this subsection."/
Amend the bill further, Section 48-1-250, as contained in SECTION 3, by deleting the SECTION in its entirety and inserting:
/ SECTION 3. Section 48-1-250 of the 1976 Code is amended to read:
"Section 48-1-250.
Causes of action resulting from the violation of the
prohibitions contained in this chapter inure to and are for the
benefit of any person or persons damaged as the result of any
such violation. Any person seeking relief under this chapter
must show that he has suffered a concrete and particularized
injury, that the injury resulted from the conduct complained of,
and that the injury will be redressed by a favorable
decision. A determination by the department that pollution
exists or a violation of any of the
prohibitions a prohibition contained in this
chapter has occurred, whether or not actionable by the
State, create creates no presumption of
law or fact inuring to or for the benefit of
persons a person other than the
State." /
Amend the bill further by deleting SECTION 4 and SECTION 5 of the bill in their entirety.
Renumber sections to conform.
Amend title to conform.