South Carolina Legislature


 

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H*4627
Session 119 (2011-2012) 

H*4627(Rat #0133, Act #0125 of 2012)  Joint Resolution, By Merrill, Stavrinakis, 
Harrison, King, Knight, Williams, Jefferson, Johnson, Sabb, Munnerlyn, Anderson, 
G.A. Brown, Allison, Horne, Agnew, Gambrell, McCoy, Ryan, Mack, Gilliard, 
Sottile, Hardwick, Hearn, Weeks, Simrill, Pope, Delleney, Dillard, Sandifer, 
Erickson, Herbkersman, Brantley, Crosby, Daning, Brady, Quinn, Spires, Frye, 
Pitts, Southard, Butler Garrick, Pinson, Tallon, Long, Parker, Hodges, Whitmire, 
Anthony, Bannister, Putnam, Edge, Allen, Thayer, Funderburk, Lucas, Cobb-Hunter, 
Howard, Harrell, Bowers, Patrick, Whipper, Bowen, White, Murphy and R.L. Brown

Similar(S 1115) A JOINT RESOLUTION TO SUSPEND THE AUTHORITY OF THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR ALL DECISIONS SUBSEQUENT TO 2007 PERTAINING TO THE NAVIGABILITY, DEPTH, DREDGING, WASTEWATER AND SLUDGE DISPOSAL, AND RELATED COLLATERAL ISSUES IN REGARD TO THE USE OF THE SAVANNAH RIVER AS A WATERWAY FOR OCEAN-GOING CONTAINER OR COMMERCE VESSELS, IN PARTICULAR THE APPROVAL BY THE DEPARTMENT OF THE APPLICATION FOR THE CONSTRUCTION IN NAVIGABLE WATERS PERMIT FOR DREDGING OF THE SOUTH CAROLINA PORTION OF THE SAVANNAH RIVER, BECAUSE THE AUTHORITY TO ISSUE SUCH A PERMIT HAD BEEN GRANTED TO THE SAVANNAH RIVER MARITIME COMMISSION BY ACT 56 OF 2007 AND THE ACTIVITIES AUTHORIZED BY THIS PERMIT COULD PRESENT IMMINENT AND IRREVERSIBLE PUBLIC HEALTH AND ENVIRONMENTAL CONCERNS; AND TO PROVIDE THAT THE DEPARTMENT RETAINS AUTHORITY OVER OTHER MATTERS PERTAINING TO THE SAVANNAH RIVER. - ratified title 01/18/12 House Introduced, read first time, placed on calendar without reference (House Journal-page 8) 01/19/12 House Member(s) request name added as sponsor: King, Knight, Williams, Jefferson, Johnson, Sabb, Munnerlyn, Anderson, G.A.Brown, Allison, Horne, Agnew, Gambrell, McCoy, Ryan, Mack, Gilliard, Sottile, Hardwick, Hearn, Weeks, Simrill, Pope, Delleney, Dillard, Sandifer, Erickson, Herbkersman, Brantley, Crosby, Daning, Brady, Quinn, Spires, Frye, Pitts, Bowers, Southard, Butler Garrick, Pinson, Tallon, Long, Parker, Hodges, Whitmire, Anthony, Bannister, Putnam, Edge, Allen, Thayer, Funderburk, Lucas, Cobb-Hunter, Howard, Harrell (House Journal-page 13) 01/24/12 House Debate adjourned until Wed., 01-25-12 (House Journal-page 23) 01/24/12 House Member(s) request name added as sponsor: Patrick (House Journal-page 21) 01/25/12 House Amended (House Journal-page 15) 01/25/12 House Debate interrupted (House Journal-page 15) 01/25/12 House Read second time (House Journal-page 20) 01/25/12 House Roll call Yeas-111 Nays-0 (House Journal-page 21) 01/25/12 House Member(s) request name added as sponsor: Whipper, Bowen, White, Murphy, R.L.Brown 01/26/12 House Read third time and sent to Senate (House Journal-page 11) 01/26/12 Senate Introduced and read first time (Senate Journal-page 4) 01/26/12 Senate Referred to Committee on Medical Affairs (Senate Journal-page 4) 01/31/12 Senate Recalled from Committee on Medical Affairs (Senate Journal-page 5) 01/31/12 Senate Read second time (Senate Journal-page 5) 01/31/12 Senate Roll call Ayes-37 Nays-0 (Senate Journal-page 5) 02/01/12 Senate Amended (Senate Journal-page 27) 02/01/12 Senate Read third time and returned to House with amendments (Senate Journal-page 27) 02/01/12 Senate Roll call Ayes-37 Nays-0 (Senate Journal-page 27) 02/02/12 Scrivener's error corrected 02/07/12 House Concurred in Senate amendment and enrolled (House Journal-page 35) 02/07/12 House Roll call Yeas-105 Nays-0 (House Journal-page 36) 02/21/12 Ratified R 133 02/27/12 Vetoed by Governor 02/28/12 House Veto overridden by originating body Yeas-111 Nays-1 (House Journal-page 16) 02/29/12 Senate Debate interrupted (Senate Journal-page 22) 03/01/12 Senate Veto overridden Ayes-39 Nays-0 (Senate Journal-page 31) 03/13/12 Effective date 03/01/12 03/15/12 Act No. 125




H. 4627

(A125, R133, H4627)

A JOINT RESOLUTION TO SUSPEND THE AUTHORITY OF THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR ALL DECISIONS SUBSEQUENT TO 2007 PERTAINING TO THE NAVIGABILITY, DEPTH, DREDGING, WASTEWATER AND SLUDGE DISPOSAL, AND RELATED COLLATERAL ISSUES IN REGARD TO THE USE OF THE SAVANNAH RIVER AS A WATERWAY FOR OCEAN-GOING CONTAINER OR COMMERCE VESSELS, IN PARTICULAR THE APPROVAL BY THE DEPARTMENT OF THE APPLICATION FOR THE CONSTRUCTION IN NAVIGABLE WATERS PERMIT FOR DREDGING OF THE SOUTH CAROLINA PORTION OF THE SAVANNAH RIVER, BECAUSE THE AUTHORITY TO ISSUE SUCH A PERMIT HAD BEEN GRANTED TO THE SAVANNAH RIVER MARITIME COMMISSION BY ACT 56 OF 2007 AND THE ACTIVITIES AUTHORIZED BY THIS PERMIT COULD PRESENT IMMINENT AND IRREVERSIBLE PUBLIC HEALTH AND ENVIRONMENTAL CONCERNS; AND TO PROVIDE THAT THE DEPARTMENT RETAINS AUTHORITY OVER OTHER MATTERS PERTAINING TO THE SAVANNAH RIVER.

Whereas, the South Carolina Department of Health and Environmental Control, hereinafter the department, was granted the authority to maintain reasonable standards of purity of air and water quality by enactment of the South Carolina Pollution Control Act; and

Whereas, the Savannah River Maritime Commission, hereinafter the Maritime Commission, by enactment of Act 56 in 2007, effective May 1, 2007, was granted the authority to represent this State in all matters pertaining to the navigability, depth, dredging, wastewater and sludge disposal, and related collateral issues in regard to the use of the Savannah River as a waterway for ocean-going container or commerce vessels; and

Whereas, the General Assembly granted to the Maritime Commission by statute the oversight and permitting responsibilities for the State as to the navigability or depth of the South Carolina portion of the Savannah River, superseding any other concurrent responsibilities of a particular state agency or department; and

Whereas, by enactment of Act 56 in 2007, the General Assembly also bifurcated the permitting process for construction in the South Carolina portion of the Savannah River, such that all matters pertaining to the navigability, depth, dredging, wastewater and sludge disposal, and related collateral issues, including navigable waters permitting criteria, in regard to the use of the Savannah River as a waterway for ocean-going container or commerce vessels fell within the purview of the Maritime Commission; and

Whereas, the South Carolina General Assembly has learned that, contrary to its legislative enactment of 2007, the authority of the Maritime Commission was unlawfully usurped by the department in its approval of an application from the Savannah District Office of the United States Corps of Engineers for Water Quality Certification pursuant to Section 401 of the Clean Water Act and Construction in Navigable Waters Permit to dredge a portion of the Savannah River in South Carolina as part of the Savannah River Expansion Project; and

Whereas, the South Carolina General Assembly has learned that the approval of the above-referenced application could present imminent and irreversible public health and environmental concerns; and

Whereas, Section 7, Article I of the South Carolina Constitution provides that the power to suspend the laws shall be exercised only by the General Assembly. Now, therefore,

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

Department of Health and Environmental Control authority over certain Savannah River matters suspended

SECTION    1.    The General Assembly, pursuant to Section 7, Article I of the South Carolina Constitution, suspends the authority of the South Carolina Department of Health and Environmental Control, hereinafter the department, for all decisions subsequent to 2007 related to all matters pertaining to the navigability, depth, dredging, wastewater and sludge disposal, and related collateral issues in regard to the use of the Savannah River as a waterway for ocean-going container or commerce vessels, in particular the approval by the department of the application of the United States Army Corps of Engineers for a Construction in Navigable Waters Permit for the dredging of the South Carolina portion of the Savannah River, because the authority of the Savannah River Maritime Commission, hereinafter the Maritime Commission, superseded the responsibilities of the department for such approval, as established by Act 56 of 2007, and the approval by the department could present imminent and irreversible public health and environmental concerns for the South Carolina portion of the Savannah River. The Department of Health and Environmental Control retains authority for all matters pertaining to the Savannah River unrelated to the navigability, depth, dredging, wastewater and sludge disposal, and related collateral issues in regard to the use of the Savannah River as a waterway for ocean-going container or commerce vessels.

Time effective

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

Ratified the 21st day of February, 2012.

Vetoed by the Governor -- 2/27/2012.

Veto overridden by House -- 2/28/2012.

Veto overridden by Senate -- 3/1/2012.

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