Scroll to History Page
Scroll to Previous Versions Links List
Scroll to Full Text
Download This Bill in Microsoft Word format

Bill 490

                    Current Status

Bill Number:                      490
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20010322
Primary Sponsor:                  Wilson
All Sponsors:                     Wilson, Ryberg, Setzler and Bauer
Drafted Document Number:          l:\council\bills\swb\5246djc01.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Environmental law, federal and state; 
                                  penalties for violations; Conservation, 
                                  Natural Resources, Crimes and Offenses


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20010322  Introduced, read first time,           11 SJ
                  referred to Committee


              Versions of This Bill

TO AMEND CHAPTER 11, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF PROPERTY, BY ADDING SECTION 16-11-705 SO AS TO PROVIDE FOR DEFINITIONS OF "FEDERAL ENVIRONMENTAL LAW" AND "STATE ENVIRONMENTAL LAW"; TO PROVIDE THAT A PERSON WHO KNOWINGLY, INTENTIONALLY, OR RECKLESSLY VIOLATES ANY PROVISION OF A FEDERAL ENVIRONMENTAL LAW OR OF A STATE ENVIRONMENTAL LAW WHOSE ACTIONS, ERRORS, OR OMISSIONS IN VIOLATION OF AN ENVIRONMENTAL LAW CAUSES OR CONTRIBUTES TO CONTAMINATION, POLLUTION, OR HARM TO THE ENVIRONMENT OF THIS STATE OR CAUSES OR CONTRIBUTES TO HARM, INJURY, ILLNESS, OR DEATH TO ONE OR MORE PERSONS, OR TO DOMESTIC ANIMALS, WILDLIFE, FISH, BIRDS, OR PLANTS IN THIS STATE, IS GUILTY OF A FELONY, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

Whereas, under the duel sovereignty doctrine, both the federal and state governments may independently prosecute a person for environmental crimes without violating the Double Jeopardy or Due Process Clauses of the United States Constitution, Petite v. United States, 361 U.S. 529 (1960); and

Whereas, much of the law the people of the State of South Carolina depend on for the protection of the environment is federal law and close cooperation and coordination of state and federal laws and law enforcement resources is necessary and desired to effectively protect the lands, air, water, and environment of this State; and

Whereas, the legal authority, right, and duty of state officials and state law enforcement officers to monitor compliance with state and federal environmental protection laws must be clearly recognized and punishment for violations of environmental protection laws provided for in order that they may be efficiently and effectively enforced. Now, therefore,

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

SECTION 1. Chapter 11, Title 16 of the 1976 Code is amended by adding:

"Section 16-11-705. (A) For purposes of this section:

(1) 'Federal environmental law' means any provision of:

(a) the Federal Insecticide, Fungicide and Rodentcide Act (FIFRA), 7 United States Code, Sections 136 through 136y;

(b) the Energy Supply and Environmental Coordination Act, 15 United States Code, Sections 791 through 798;

(c) the Toxic Substances Control Act (TSCA), 15 United States Code, Sections 2601 through 2671;

(d) the acts relating to Protection of Navigable Waters and Harbor and River Improvements Generally, 33 United States Code, Sections 401 through 467;

(e) the Federal Water Pollution Control Act, also known as the Clean Water Act, 33 United States Code, Sections 1251 through 1387;

(f) the Marine Protection Research and Santuaries Act, also known as the Ocean Dumping Act, 33 United States Code, Sections 1401 through 1445;

(g) the Deepwater Port Act, 33 United States Code, Sections 1501 through 1524;

(h) the Act to Prevent Pollution from Ships, 33 United States Code, Sections 1901 through 1912;

(i) the Safe Drinking Water Act, 42 United States Code, Sections 300f through 300j-26;

(j) the Atomic Energy Act, 42 United States Code, Sections 2011 through 2296;

(k) the Noise Control Act, 42 United States Code, Sections 4901 through 4918;

(l) the Resource Conservation And Recovery Act (RCRA), 42 United States Code, Sections 6901 through 6992;

(m) the Clean Air Act (CAA), 42 United States Code, Sections 7401 through 7671;

(n) the Comprehensive Environmental Response Compensation Liability Act (CERCLA), 42 United States Code, Sections 9601 through 9675;

(o) the Emergency Planning And Community Right To Know Act (EPCRKA), 42 United States Code, Sections 11001 through 11050;

(p) the Outer Continental Shelf Lands Act, 43 United States Code, Sections 1331 through 1356;

(q) the Hazardous Material Transportation Act (HMTA), 49 United States Code, Sections 1801 through 1819 and 49 App. Sections 1801 through 1819; or

(r) any other federal statute or regulation, or any other rule, standard, or law established or adopted by federal law, that is intended to protect or manage the environment, control or manage waste or hazardous waste, or prevent air, water, land, or environmental pollution.

(2) 'State environmental law' means any provision of Chapters 55, 56, 93 and 96 of Title 44 of the Code of Laws of South Carolina, 1976, and any other state statute or regulation, or any other rule, standard, or law established or adopted by state law, that is intended to protect or manage the environment, control or manage waste or hazardous waste, or prevent air, water, land, or environmental pollution.

(B) Notwithstanding any other provision of law, a person who knowingly, intentionally, or recklessly violates any provision of a federal environmental law or of a state environmental law whose actions, errors, or omissions in violation of an environmental law causes or contributes to contamination, pollution, or harm to the environment of this State, or causes or contributes to harm, injury, illness, or death to one or more persons, or to domestic animals, wildlife, fish, birds, or plants in this State, is guilty of a felony and, upon conviction, must be fined, imprisoned, or punished in accordance with the penalty provisions of the environmental law the person violated, or by a fine of not less than five thousand dollars nor more than one hundred thousand dollars, or imprisoned for not more than ten years, or both."

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

This web page was last updated on Tuesday, December 8, 2009 at 11:12 A.M.