Bill Text: SC H3617 | 2011-2012 | 119th General Assembly | Introduced
Bill Title: Sewage system
Spectrum: Bipartisan Bill
Status: (Passed) 2012-02-01 - Signed By Governor [H3617 Detail]
Download: South_Carolina-2011-H3617-Introduced.html
COMMITTEE REPORT
May 24, 2011
H. 3617
Introduced by Reps. Pitts, R.L. Brown, Allen, Bales, Brady, Knight, Ballentine, McLeod, Willis, Toole, Sellers and Whipper
S. Printed 5/24/11--S.
Read the first time May 3, 2011.
To whom was referred a Bill (H. 3617) to amend the Code of Laws of South Carolina, 1976, by adding Section 48-1-95 so as to provide that a sewage system, or its treatment works, 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, Section 48-1-95(D)(1) page 3, line 2 by deleting /department approved/.
Amend the bill further, Section 48-1-95(D)(2) page 3, lines 9-10 by deleting /or update to an approved CMOM/.
Renumber sections to conform.
Amend title to conform.
HARVEY S. PEELER, JR. for Committee.
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-95 SO AS TO PROVIDE THAT A SEWAGE SYSTEM, OR ITS TREATMENT WORKS, THAT HAS HAD THREE OR MORE SEWAGE SPILLS IN A TWELVE-MONTH PERIOD MUST COMPLETE A COMPREHENSIVE REVIEW OF THEIR OPERATIONS; TO PROVIDE FOR THE COMPREHENSIVE REVIEW; TO PROVIDE FOR THE DEVELOPMENT AND IMPLEMENTATION OF AN ACTION PLAN TO ADDRESS ISSUES RAISED IN THE COMPREHENSIVE REVIEW; TO PROVIDE SPENDING PRIORITIES FOR WASTEWATER UTILITIES THAT LACK FUNDS FOR IMPLEMENTING AN ACTION PLAN; TO PROVIDE THAT WASTEWATER UTILITIES THAT DEVELOP AN ACTION PLAN HAVE PRIORITY FOR STATE FUNDS OR STATE-DIRECTED FEDERAL FUNDS; AND TO PROVIDE THAT REPETITIVE SPILLS MUST BE FORWARDED TO AND RECORDED BY THE SOUTH CAROLINA ENVIRONMENTAL CERTIFICATION BOARD.
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 48-1-95. (A) As used in this section:
(1) 'Action plan' or 'plan' means a schedule for implementing and completing repairs, upgrades, and improvements needed to minimize future repetitive significant spills of untreated or partially treated domestic sewage.
(2) 'Capacity, Management, Operation, and Maintenance or 'CMOM' plan' means a comprehensive, dynamic framework for wastewater utilities to identify and incorporate widely accepted wastewater industry practices to:
(a) better manage, operate, and maintain collection systems;
(b) investigate capacity constrained areas of the collection system; and
(c) respond to sanitary sewer overflow events.
(3) 'Comprehensive review' or 'review' means a complete technical assessment of the components and operation of a sewage system or its treatment works that are contributing to, or may be contributing to, repetitive significant spills of untreated or partially treated domestic sewage.
(4) 'Department' means the Department of Health and Environmental Control.
(5) 'Significant spill' means a net discharge from a wastewater utility of at least five thousand gallons of untreated or partially treated domestic sewage that could cause a serious adverse impact on the environment or public health. 'Significant spill' does not include spills caused by a natural disaster, direct act of a third party, or other act of God.
(6) 'Wastewater utility' or 'utility' means the operator or owner of a sewage collection system or its treatment works providing sewer service to the public. 'Wastewater utility' does not include manufacturers, electric utilities, agricultural operations, and wastewater treatment systems located on property owned by the federal government.
(B) Utilities must notify the department of any significant spill orally within twenty-four hours and by written submission within five days.
(C) Upon receiving notice of a significant spill from a wastewater utility, the department must determine whether the responsible wastewater utility has had more than two significant spills per one hundred miles of its sewage collection system, in the aggregate and excluding private service laterals, during the twelve-month period up to and including the date of the significant spill.
(D)(1) If the wastewater utility has had more than two significant spills per one hundred miles of its aggregate collection system miles during a twelve-month period, the department shall issue an order directing the utility to complete a comprehensive review of the sewage system and treatment works facility identified pursuant to subsection (C), or if the wastewater utility has a department approved Capacity, Management, Operations, and Maintenance plan in place directing the utility to update this plan, the order must include, but is not limited to:
(a) the submission of the findings of the comprehensive review or CMOM update;
(b) the required implementation of any plans to minimize the recurrence of such significant spills.
(2) The comprehensive review or update to an approved CMOM, pursuant to subsection (D)(1), must be performed by a licensed South Carolina professional engineer.
(3) Unless the department's order is being appealed, the comprehensive review or CMOM update must be initiated by the wastewater utility's owner within two months of receiving an order from the department or, in the case of an appeal, within two months from the date the order becomes final and nonappealable.
(E) The department shall require that all wastewater utilities provide public notice of any significant spill of five thousand gallons or more within twenty-four hours of the discovery. Where the responsible wastewater utility does not provide this notice, in addition to any enforcement response, the department shall provide public notice of the significant spill.
(F) Nothing in this section contravenes the department's ability to undertake enforcement action under the Pollution Control Act, Chapter 1, Title 48, or any other state or federal law."
SECTION 2. This act takes effect upon approval by the Governor.
