Current Status Introducing Body:Senate Bill Number:220 Ratification Number:374 Act Number:334 Primary Sponsor:Mullinax Type of Legislation:GB Subject:Marine toilets, provisions and penalties Date Bill Passed both Bodies:Apr 06, 1992 Computer Document Number:OLDVS/LIBOO/1954 Governor's Action:S Date of Governor's Action:May 04, 1992 Introduced Date:Jan 08, 1991 Date of Last Amendment:Apr 02, 1992 Last History Body:------ Last History Date:May 04, 1992 Last History Type:Act No. 334 Scope of Legislation:Statewide All Sponsors:Mullinax Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
220 ------ May 04, 1992 Act No. 334
220 ------ May 04, 1992 Signed by Governor
220 ------ Apr 28, 1992 Ratified R 374
220 Senate Apr 06, 1992 Concurred in House amendment,
enrolled for ratification
220 House Apr 03, 1992 Read third time, returned to
Senate with amendment
220 House Apr 02, 1992 Amended, read second time,
unanimous consent for third
reading on Friday, April 3,
1992
220 House Mar 26, 1992 Debate adjourned until
Thursday, April 2, 1992
220 House Mar 18, 1992 Committee Report: Favorable 20
with amendment
220 House Jun 06, 1991 Introduced, read first time, 20
referred to Committee
220 Senate Jun 05, 1991 Amended, read third time,
sent to House
220 Senate May 15, 1991 Read second time
220 Senate Apr 23, 1991 Committee Report: Favorable 13
220 Senate Jan 08, 1991 Introduced and read first 13
time, referred to Committee
220 Senate Oct 01, 1990 Prefiled, referred to 13
Committee
View additional legislative information at the LPITS web site.
(A334, R374, S220)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-85 SO AS TO PROHIBIT A PERSON FROM OPERATING OR FLOATING A HOUSEBOAT HAVING A MARINE TOILET UNLESS IT DISCHARGES ONLY INTO A HOLDING TANK, DEFINE TERMS, REQUIRE CERTIFICATION OF THE DISCHARGE, AND PROVIDE TANK REQUIREMENTS AND PENALTIES; AND TO DIRECT THE SOUTH CAROLINA GOVERNOR'S OFFICE AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO WORK WITH THE GOVERNOR'S OFFICE OF GEORGIA AND THE APPROPRIATE NATURAL RESOURCE AGENCY IN THAT STATE TO PETITION THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY TO DESIGNATE LAKE HARTWELL AS A NO DISCHARGE ZONE AND PROVIDE FOR SOUTH CAROLINA TO PETITION ON ITS OWN IF GEORGIA DOES NOT JOIN THE PETITION.
Whereas, the General Assembly finds that because of the increasing number of houseboats having marine toilets which are operated or moored on the freshwaters of this State, it is necessary for the protection of the public health, safety, and welfare to prohibit the discharge of sewage from the houseboats into the freshwaters; and
Whereas, it is the intent of the General Assembly to protect and enhance the quality of the waters by requiring greater environmental protection than is provided in the Federal Water Pollution Control Act so that discharge of sewage from a houseboat into the freshwaters of this State is prohibited. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
Requirements for houseboats with a marine toilet
SECTION 1. The 1976 Code is amended by adding:
"Section 48-1-85. (A) It is unlawful for a person to operate or float a houseboat on the freshwaters of this State having a marine toilet unless it 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 primarily as a residence 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 South Carolina Wildlife and Marine Resources Department 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."
Petition to designate Lake Hartwell as a no discharge zone
SECTION 2. (A) The Governor's Office of South Carolina and the South Carolina Department of Health and Environmental Control shall work with the Governor's Office of Georgia and the appropriate natural resource agency in Georgia to petition the United States Environmental Protection Agency to designate Lake Hartwell as a no discharge zone.
(B) If the Governor's Office of Georgia and the appropriate natural resource agency in Georgia do not join the petition, the Governor's Office of South Carolina and the South Carolina Department of Health and Environmental Control shall petition the United States Environmental Protection Agency on their own.
Time effective
SECTION 3. This act takes effect one year after approval by the Governor.
Approved the 4th day of May, 1992.