H 4501 General Bill, By G.R. Smith, Witherspoon, Duncan, Leach, Allen, Bailey, 
Bannister, R. Brown, Cato, Ceips, Cooper, Cotty, Davenport, Edge, Hamilton, 
Hardwick, Hiott, Huggins, Kirsh, Limehouse, Loftis, Martin, Merrill, Mitchell, 
Norman, Owens, Perry, Pinson, M.A. Pitts, Rhoad, Rutherford, Scarborough, 
D.C. Smith, F.N. Smith, G.M. Smith, J.R. Smith, Stewart, Taylor, Tripp, Vaughn, 
Weeks, White, Young and Hodges
 A BILL TO AMEND SECTION 48-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO DEFINITIONS IN REGARD TO THE SOUTH CAROLINA POLLUTION CONTROL ACT,
 SO AS TO DEFINE THE TERM "EPHEMERAL STREAM"; AND TO ADD SECTION 48-1-55 SO AS
 TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IN
 ADMINISTERING THE POLLUTION CONTROL ACT HAS JURISDICTION OVER AN EPHEMERAL
 STREAM AS DEFINED ABOVE.

   01/24/06  House  Introduced and read first time HJ-29
   01/24/06  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-29
   02/02/06  House  Member(s) request name removed as sponsor: Sandifer
   04/27/06  House  Recalled from Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-16
   05/03/06  House  Member(s) request name added as sponsor: Hodges
   05/03/06  House  Requests for debate-Rep(s). McLeod HJ-28
   05/03/06  House  Amended HJ-28
   05/03/06  House  Debate adjourned until Tuesday, May 9, 2006 HJ-29
   05/09/06  House  Debate adjourned until Wednesday, May 10, 2006 HJ-27
   05/10/06  House  Recommitted to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-23

AMENDED--NOT PRINTED IN THE HOUSE

Amt. No. 1 (Doc. Path council\agm\18453mm06)

May 3, 2006

H. 4501

Introduced by Reps. G.R. Smith, Witherspoon, Duncan, Leach, Allen, Bailey, Bannister, R. Brown, Cato, Ceips, Cooper, Cotty, Davenport, Edge, Hamilton, Hardwick, Hiott, Huggins, Kirsh, Limehouse, Loftis, Martin, Merrill, Mitchell, Norman, Owens, Perry, Pinson, M.A. Pitts, Rhoad, Rutherford, Scarborough, D.C. Smith, F.N. Smith, G.M. Smith, J.R. Smith, Stewart, Taylor, Tripp, Vaughn, Weeks, White, Young and Hodges

S. Printed 4/27/06--H.

Read the first time January 24, 2006.

TO AMEND SECTION 48-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE SOUTH CAROLINA POLLUTION CONTROL ACT, SO AS TO DEFINE THE TERM "EPHEMERAL STREAM"; AND TO ADD SECTION 48-1-55 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IN ADMINISTERING THE POLLUTION CONTROL ACT HAS JURISDICTION OVER AN EPHEMERAL STREAM AS DEFINED ABOVE.

Amend Title To Conform

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

SECTION    1.    Section 48-1-10 of the 1976 Code is amended by adding a new item appropriately numbered to read:

"( )    'Ephemeral stream' means streams that (a) generally have defined natural watercourses that flow only in direct response to rainfall or snowmelt and in which discrete periods of flow persist no more than twenty-nine consecutive days per event, (b) are Waters of the United States as determined by the United States Army Corps of Engineers pursuant to 33 C.F.R. 328, and (c) are not excluded from Waters of the United States pursuant to applicable law."

SECTION    2.    Chapter 1, Title 48 of the 1976 Code is amended by adding:

"Section 48-1-55.    The department in administering this chapter has jurisdiction over ephemeral streams as defined in Section 48-1-10."

SECTION    3.    This act takes effect upon approval by the Governor.