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COMMITTEE REPORT
April 2, 2003
H. 3044
S. Printed 4/2/03--H.
Read the first time January 14, 2003.
To whom was referred a Bill (H. 3044) to amend the Code of Laws of South Carolina, 1976, by adding Section 48-1-112 so as to prohibit the Department of Health and Environmental Control from issuing permits to construct, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, in Section 48-1-112 of the 1976 Code, as contained in SECTION 1, by adding a new paragraph at the end to read:
/ For purposes of this section, 'new regional wastewater treatment facility' means a new facility with a capacity of at least ten million gallons a day or an expansion of an existing facility to at least ten million gallons a day serving primarily domestic wastewater sources from two or more counties discharging into the waters of this State. /
Renumber sections to conform.
Amend title to conform.
WILLIAM D. WITHERSPOON for Committee.
REVENUE IMPACT 1/
The Board of Economic Advisors has reviewed the bill and has determined that there is no impact on state or local general fund revenue in FY2003-04.
Explanation
This bill would add Section 48-1-112 to prohibit the Department of Health and Environmental Control (DHEC) from issuing permits to construct or operate a new regional waste water treatment facility which discharges to waters included in the Catawba River Basin, unless a comprehensive water quality study is conducted by DHEC or a contractor approved by DHEC. All costs incurred in connection with the study must be borne by the permit applicant. The Board of Economic Advisors has reviewed the bill and has determined that there is no impact on state or local general fund revenue in FY2003-04.
Approved By:
William C. Gillespie
Board of Economic Advisors
1/ This statement meets the requirement of Section 2-7-71 for a state revenue impact, Section 2-7-76 for a local revenue impact, and Section 6-1-85(B) for an estimate of the shift in local property tax incidence.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-112 SO AS TO PROHIBIT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FROM ISSUING PERMITS TO CONSTRUCT OR OPERATE A NEW REGIONAL WASTE WATER TREATMENT FACILITY THAT DISCHARGES INTO WATERS INCLUDED IN THE CATAWBA RIVER BASIN UNLESS A COMPREHENSIVE WATER QUALITY STUDY IS CONDUCTED AND TO SPECIFY ISSUES TO BE ADDRESSED IN THE STUDY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1, Title 48 of the 1976 Code is amended by adding:
"Section 48-1-112. The department may not issue a permit to construct or operate a new regional wastewater treatment facility which discharges to waters included in the Catawba River Basin, as defined in the department's watershed water quality assessment technical report number 011-99, unless a comprehensive water quality study is conducted by the department or a contractor approved by the department. The study must include:
(1) recommendations on methods to improve water quality to ensure the rivers and watersheds meet all standards for their current classification;
(2) evaluation on the impact of nonpoint source and point source pollution;
(3) identification of strategies for removing all portions of the rivers and watersheds from the impaired waters lists (303D list);
(4) development of location standards for appropriate siting criteria for point source discharges.
The study must be conducted in a manner which allows for participation and input by all impacted county and city governments and citizens residing in counties located adjacent to the rivers and watersheds. The department must take the results of this study into consideration in making its determination on permit applications.
All costs incurred in connection with the study must be borne by the permit applicant."
SECTION 2. This act takes effect upon approval by the Governor.
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