South Carolina General Assembly
115th Session, 2003-2004

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Bill 5061

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INTRODUCED

March 31, 2004

H. 5061

Introduced by Agriculture, Natural Resources and Environmental Affairs Committee

S. Printed 3/31/04--H.

Read the first time March 31, 2004.

            

A JOINT RESOLUTION

TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER QUALITY CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2871, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

SECTION    1.    The regulations of the Department of Health and Environmental Control, relating to Water Quality Certification, designated as Regulation Document Number 2871, and submitted to the General Assembly pursuant to the provisions of Article 1, Chapter 23, Title 1 of the 1976 Code, are disapproved.

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

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SUMMARY AS SUBMITTED

BY PROMULGATING AGENCY.

This amendment of R. 61-101 will provide a permitting program for the Department of Health and Environmental Control to issue a state permit, modeled after the 401 water quality certification, for fill in waters, including wetlands, no longer subject to jurisdiction and therefore permitting by the Corps. This approach would simply restore the Department of Health and Environmental Control's ability to regulate those waters previously regulated by the Department of Health and Environmental Control through the prerequisites to the Corps permit. There is no intention to expand the authority of the Department of Health and Environmental Control.

All revisions will reinstate the department's ability to review and regulate the placement of dredged or fill material into isolated waters by establishing a permit program modeled after the water quality certification program. This includes application procedures, review criteria, determination of nonfederal waters and wetlands, requirements for compensatory mitigation, and compliance and enforcement authority. There is also a new severability section. Sections I.4. and I.10 also include modifications for clarification to the present water quality certification program.

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