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Current Status Bill Number:View additional legislative information at the LPITS web site.4002 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20010424 Primary Sponsor:M. Hines All Sponsors:M. Hines, Jennings, Hayes, Battle, Knotts, Cotty, Meacham-Richardson, Simrill, Lourie, Clyburn, J. Hines, Martin, Miller, J.E. Smith, Allison, Barfield, Breeland, R. Brown, Cato, Freeman, Gilham, Gourdine, Harrison, Hinson, Hosey, Howard, Keegan, Kelley, Kirsh, Limehouse, Littlejohn, Lloyd, J.M. Neal, Perry, Rivers, Rodgers, Scarborough, Scott, Snow, Stille, Talley, Trotter, Wilkins, A. Young, Lucas Drafted Document Number:l:\council\bills\swb\5378djc01.doc Companion Bill Number:626 Residing Body:House Current Committee:Agriculture, Natural Resources and Environmental Affairs Com 20 HANR Subject:Swine farms, houses; lagoons, animal waste management systems; construction of unlawful; Animals, Agriculture History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20010501 Co-Sponsor added (Rule 5.2) by Rep. Lucas ------ 20010426 Companion Bill No. 626 House 20010424 Introduced, read first time, 20 HANR referred to Committee Versions of This Bill
TO AMEND CHAPTER 1, TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGRICULTURE BY ADDING SECTION 46-1-160 SO AS TO PROVIDE FOR A MORATORIUM ON THE CONSTRUCTION OR EXPANSION OF SWINE FARMS, SWINE HOUSES, AND ON LAGOONS AND ANIMAL WASTE MANAGEMENT SYSTEMS FOR SWINE FARMS AND SWINE HOUSES, AND ON THE ISSUANCE OF ANY PERMIT REQUIRED FOR THE CONSTRUCTION OR EXPANSION OF SWINE FARMS, SWINE HOUSES, AND ON LAGOONS AND ANIMAL MANAGEMENT SYSTEMS FOR SWINE FARMS AND SWINE HOUSES UNTIL AND UNLESS OTHERWISE PROVIDED BY LAW, AND TO PROVIDE CERTAIN EXEMPTIONS FROM THE MORATORIUM; AND BY ADDING SECTION 46-1-170 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO USE, CONSTRUCT, OR EXPAND A LAGOON AS PART OF OR AS A COMPONENT OF AN ANIMAL WASTE MANAGEMENT SYSTEM FOR A SWINE FARM OR SWINE HOUSE IN THIS STATE, AND TO PROVIDE THIS SECTION DOES NOT APPLY TO THE USE OF EXISTING LAGOONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1, Title 46 of the 1976 Code is amended by adding:
"Section 46-1-160. (A) For purposes of this section:
(1) 'Animal waste' means liquid residuals resulting from an animal operation that are collected, treated, stored, or applied to the land through an animal waste management system.
(2) 'Animal waste management system' means liquid residuals resulting from an animal operation that are collected, treated, stored, or applied to the land through an animal waste management system.
(3) 'Lagoon' means a confined body of water to hold animal byproducts including bodily waste from animals or a mixture of waste with feed, bedding, litter, or other agricultural materials.
(4) 'Site evaluation' means an investigation to determine if a site meets all state and federal requirements as evidenced by the documents required by law.
(5) 'Swine' means any of various omnivorous ungulates of the family Suidae, including pigs, hogs, and any other animal of the porcine species.
(6) 'Swine farm' means a tract of land devoted to raising two hundred fifty or more animals of the porcine species.
(7) 'Swine house' means a building that shelters porcine animals on a continuous basis.
(B) Except as provided in this section, there is a moratorium on the construction or expansion of swine farms, swine houses, and on lagoons and animal waste management systems for swine farms, and on the issuance of any permit required for the construction or expansion of swine farms, swine houses, and on lagoons and animal management systems for swine farms and swine houses.
(C) Until and unless otherwise provided by law, it is unlawful for any person, state agency, county, county agency, municipality, or municipal agency to issue a permit for an animal waste management system for a new swine farm or the expansion of an existing swine farm. The construction or expansion of a swine farm or animal waste management system for a swine farm is unlawful and prohibited during the period of the moratorium regardless of the date on which a site evaluation for the swine farm is completed and regardless of whether the animal waste management system is permitted under applicable law.
(D) The moratorium established by this section does not prohibit:
(1) construction to repair a component of an existing swine farm or lagoon;
(2) construction to replace a component of an existing swine farm or lagoon if the replacement does not result in an increase in swine population or waste;
(3) construction for the purpose of complying with applicable animal waste management rules and not for the purpose of increasing the swine population or waste; or
(4) the issuance by any person or agency of permits necessary and required for the construction exempted from the moratorium by this subsection."
SECTION 2. Chapter 1, Title 46 of the 1976 Code is amended by adding:
"Section 46-1-170. (A) It is unlawful to use, construct, or expand a lagoon as part of or as a component of an animal waste management system for a swine farm or swine house in this State. For purposes of this section, 'lagoon' means a confined body of water to hold animal byproducts including bodily waste from animals or a mixture of waste with feed, bedding, litter, or other agricultural materials.
(B) This section does not apply to lagoons used as part of or as a component of an animal waste management system for swine farm or swine house that is operational in this State as of April 23, 2001."
SECTION 3. This act takes effect upon approval by the Governor.
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