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Section 48-57-630. (A) Clemson University, in conjunction with the South Carolina Department of Agriculture and the department, shall create a training and certification program for owners or operators of animal feeding operations which shall include, but is not limited to, understanding relevant regulations, issues, standards, principles, and practices regarding siting and management of an animal feeding operation and land application of animal waste; testing for toxic metals, organic materials, and other elements; use of antibiotics; implementing emergency procedures; and spill prevention protocols including testing and inspection of dikes.

(B) An operator of an animal feeding operation and waste utilization area must be certified on the operation of animal waste management under the program created in subsection (A).

Section 48-57-640. (A) For an animal feeding operation which has the capacity of more than 160,000 pounds of normal production animal live weight at any one time and is seeking to construct or expand an established animal feeding operation, the department shall publish a notice of intent to construct or to expand an established animal feeding operation governed by this article in a local newspaper of general circulation, notify persons residing on adjoining property, and notify the relevant county commission and water supply district at the expense of the animal feeding operation applicant. Proof of notification of neighboring land owners and residents must be supplied by the applicant. This notice shall contain instructions for public review and comment to the department on the proposed construction and operation of the facility. The notice shall allow for a minimum thirty-day comment period.

(B) The department shall conduct a public hearing and shall provide notice of the public hearing in accordance with the notice requirements provided for in subsection (A) in any case in which the department receives at least twenty letters requesting a public hearing.

Section 48-57-650. (A) Permits for animal feeding operations covered under this article must be renewed every seven years. However, subsequent to the issuance of a permit, if the animal feeding operation is not in operation or production for two consecutive years, the permit is not valid and a new permit must be obtained.

(B) The department shall determine the appropriate fee for permit renewals.

Section 48-57-660. (A) The department shall promulgate regulations for this act by January 1, 1998, and submit a report on its progress by

(B) The department shall promulgate regulations for siting and managing animal feeding operations with a capacity of 160,000 pounds of normal production of animal live weight or less at any one time, including land application of waste. The regulations must be at a minimum as protective as the department's current guidelines.

(C) The department shall promulgate regulations for siting and managing animal feeding operations, including land application of animal waste, for the bovine, ovine, caprine, equine, and avian species. The regulations must be at a minimum as protective as the department's current guidelines.

Section 48-57-670. Any violation of the provisions of this article is punishable as under the Pollution Control Act."

SECTION . Section 46-45-30 of the 1976 Code, as amended by Act 442 of 1990, is further amended to read:

"Section 46-45-30. (A) No established agricultural facility or any agricultural operation at an established agricultural facility is or may become a nuisance, private or public, by any changed conditions in or about the locality of the facility or operation if the facility or operation has been in operation for one year or more. The provisions of This section do does not apply whenever a nuisance results from the negligent, improper, or illegal operation of an agricultural facility or operation."

SECTION . This act takes effect upon approval by the Governor, except that the provisions of Article 5 of Chapter 57 of Title 48 and the

Renumber sections to conform.

Amend title to conform.

Senator LEVENTIS explained the amendment.

On motion of Senator DRUMMOND, with unanimous consent, debate was interrupted by recess, with Senator LEVENTIS retaining the floor.

At 1:25 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 3:00 P.M.

The Senate reassembled at 3:00 P.M. and was called to order by the PRESIDENT.

At 3:07 P.M., Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator GIESE moved that a call of the Senate be made. The following Senators answered the call:

Alexander            Boan                 Bryan
Cork                 Courson              Fair
Ford                 Giese                Glover
Gregory              Hayes                Holland
Hutto                Jackson              Land
Lander               Leventis             Martin
Matthews             McConnell            Mescher
Moore                Passailaigue         Patterson
Peeler               Rankin               Rose
Russell              Ryberg               Setzler
Short                Smith, G.            Waldrep
Washington           Wilson               

Senators McGILL, ELLIOTT, O'DELL, LEATHERMAN and REESE recorded their presence subsequent to the Call of the Senate.

May 15, 1996
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Reappointment, Laurens County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Honorable James A. Davis, Post Office Box 925, Laurens, S.C. 29360

Initial Appointment, Clarendon County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:

Honorable William T. Geddings, Sr., Route 7, Box 12, Manning, S.C. 29102 VICE Edward M. Stuckey (resigned)

Initial Appointment, Lancaster County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:

Mr. William Van Hegler, 2501 Robert H. Kirk Road, Lancaster, S.C. 29720 VICE Lee R. Deese (resigned)

Received as information.

The following was received and referred to the appropriate committee for consideration:

Document No. 1911
Promulgated by Department of Labor, Licensing and Regulation Board of Pharmacy
99-43. Definitions
Received by Lt. Governor May 10, 1996
Referred to Senate Committee on Medical Affairs
120 day review expiration date September 7, 1996
(Subject to Sine Die Revision)

Senator COURSON from the Committee on Invitations polled out S. 1417 favorable:

S. 1417 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO AUTHORIZE THE YMCA YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM TO USE THE HOUSE AND SENATE CHAMBERS IN THE CAROLINA PLAZA AND AVAILABLE MEETING SPACE IN THE BLATT AND GRESSETTE OFFICE BUILDINGS ON THURSDAY, DECEMBER 5, 1996, AND FRIDAY, DECEMBER 6, 1996, IN ACCORDANCE WITH THE BUILDING POLICY OF THE RESPECTIVE BODIES TO CONDUCT A YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM, AND TO PROVIDE FOR ASSISTANCE BY APPROPRIATE HOUSE AND SENATE STAFF.

Courson              Peeler               Wilson
Matthews             Patterson            Russell
O'Dell               Passailaigue         Rose
McGill

NOT VOTING

Ordered for consideration tomorrow.

H. 3624 -- Rep. Sharpe: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 57 SO AS TO ENACT THE SOUTH CAROLINA ENVIRONMENTAL AUDIT ACT OF 1995 SO AS TO DEFINE ENVIRONMENTAL AUDITS AND AUDIT REPORTS AND TO CREATE A PRIVILEGE WITH REGARD TO CONTENTS OF THESE REPORTS AND TO PROVIDE EXCEPTIONS.

The Senate resumed consideration of the Bill. The question being the adoption of Amendment No. P-10 (3624R014.PPL) proposed by Senator LEVENTIS.

Senator LEVENTIS argued in favor of the adoption of the amendment.

At 3:27 P.M., Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was present.

Senator LEVENTIS argued in favor of the adoption of the amendment.

Senator LEVENTIS moved that the amendment be adopted.

At 5:00 P.M., Senator ROSE requested a leave of absence for the balance of the day.

Senator LANDER argued contra to the adoption of the amendment.

At 5:10 P.M., Senator MARTIN assumed the Chair.

At 5:25 P.M., on motion of Senator LAND, with unanimous consent, with Senator LANDER retaining the floor, the Senate receded from business not to exceed ten minutes.

At 5:36 P.M., the Senate resumed.

At 5:36 P.M., the PRESIDENT assumed the Chair.

On motion of Senator WALDREP, at 5:36 P.M., Senator RICHTER was granted a leave of absence for the balance of the day.

Senator LANDER argued contra to the adoption of the amendment.

At 6:20 P.M., on motion of Senator MOORE, with unanimous consent, with Senator LANDER retaining the floor, the Senate receded from business not to exceed ten minutes.

At 6:34 P.M., the Senate resumed.

Senator LANDER continued arguing contra to the adoption of the amendment.

At 6:46 P.M., on motion of Senator PEELER, with unanimous consent, with Senator LANDER retaining the floor, the Senate receded from business not to exceed ten minutes.

At 6:56 P.M., the Senate resumed.

Senator LANDER continued arguing contra to the adoption of the amendment.

On motion of Senator PEELER, with unanimous consent, consideration of H. 3624 was interrupted.

H. 3446 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-45-70 SO AS TO PROVIDE REQUIREMENTS FOR THE LOCATION OF AGRICULTURAL FACILITIES AND AGRICULTURAL WASTE DISPOSAL AREAS; TO AMEND SECTION 46-45-30, AS AMENDED, RELATING TO THE CIRCUMSTANCES UNDER WHICH AGRICULTURAL FACILITIES AND OPERATIONS ARE NOT NUISANCES, SO AS TO DELETE THE REQUIREMENT THAT THE FACILITY OR OPERATION MUST BE IN OPERATION FOR ONE YEAR OR MORE; AND TO AMEND SECTION 46-45-60, AS AMENDED, RELATING TO LOCAL ORDINANCES PERTAINING TO AGRICULTURAL FACILITIES AND OPERATIONS, SO AS TO PROVIDE FOR THE CONDITIONS UNDER WHICH RELATED PERMITS MUST NOT BE SUSPENDED, DENIED, OR REVOKED.

Senator PEELER asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

Senator LEVENTIS asked unanimous consent to make a motion to lay the amendment proposed by the Committee on Agriculture and Natural Resources on the table.

Senator BRYAN objected.

On motion of Senator LEVENTIS, with unanimous consent, the amendment (PFM\8093AC.96) proposed by the Committee on Agriculture and Natural Resources was laid on the table.

Senators PEELER, LEVENTIS, SHORT and LANDER proposed the following Amendment No. 1 (3446R011.HSP), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:

/SECTION 1. (A) No application for a new or expanded swine feeding facility involving more than three thousand swine per square mile may be permitted prior to approval of DHEC regulations relating to the siting and management of swine feeding operations including waste management.

(C) All permits issued under (A) will be no less restrictive than current DHEC guidelines.

SECTION 2. This act takes effect upon approval by the Governor./.

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

On motion of Senator LEVENTIS, with unanimous consent, H. 3446 was ordered to receive a third reading on Thursday, May 16, 1996.

H. 3624 -- Rep. Sharpe: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 57 SO AS TO ENACT THE SOUTH CAROLINA ENVIRONMENTAL AUDIT ACT OF 1995 SO AS TO DEFINE ENVIRONMENTAL AUDITS AND AUDIT REPORTS AND TO CREATE A PRIVILEGE WITH REGARD TO CONTENTS OF THESE REPORTS AND TO PROVIDE EXCEPTIONS.

The Senate resumed consideration of the Bill. The question being the adoption of Amendment No. P-10 (3624R014.PPL) proposed by Senator LEVENTIS.

On motion of Senator LEVENTIS, with unanimous consent, Amendment No. P-10 was withdrawn from consideration.

The Labor, Commerce and Industry Committee proposed the following amendment (3624R029.JVS), which was adopted, as perfected:

Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:

/SECTION 1. This section may be cited as the "South Carolina Environmental Audit Privilege and Voluntary Disclosure Act of 1996".

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

Section 48-57-10. (A) The General Assembly finds that the protection of the environment rests principally on the public's voluntary compliance with environmental laws; that voluntary compliance is most effectively achieved through the implementation of regular self-evaluative activities such as audits of compliance status and management systems to assure compliance; and that it is in the public's interest to encourage these activities by assuring limited protection of audit findings and of fair treatment of those who report an environmental compliance violation or audit findings to regulatory authorities in accordance with Section 48-57-100. In order to encourage owners and operators of facilities and persons conducting other activities regulated under federal, state, regional, or local laws to conduct voluntary internal environmental audits of compliance programs or management systems and to assess and improve compliance with these laws, an environmental audit privilege is established and recognized to protect the confidentiality of communications relating to voluntary internal environmental audits and a limited protection from penalties is established for those who disclose an environmental compliance violation or audit findings to regulatory authorities.

(B) Notwithstanding any other provisions of law, nothing in this chapter shall be construed to protect individuals, entities, or facilities from a criminal investigation and/or prosecution carried out by any appropriate governmental entity.

(C) Notwithstanding any other provision of law, any privilege granted by this chapter shall apply only to those communications, oral or written, pertaining to and made in connection with the self-audit and shall not apply to the facts relating to the violation itself.

Section 48-57-20. As used in this chapter:

(1) `Department' means the South Carolina Department of Health and Environmental Control.

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