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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 49-21-55 SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO REVIEW STREAM FLOW DATA REPORTED BY THE UNITED STATES GEOLOGICAL SURVEY AT A RIVER BASIN WHERE WATER FLOWS INTO THE STATE FROM A NEIGHBORING STATE AND WATER QUALITY DATA GENERATED BY THE DEPARTMENT OF NATURAL RESOURCES, A NEIGHBORING STATE, AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO PROVIDE A QUARTERLY REPORT OF THESE RECORDS TO VARIOUS GOVERNMENT ENTITIES AND REPORT A SIGNIFICANT DECLINE IN THE WATER QUALITY OR FLOW OF A RIVER BASIN TO VARIOUS GOVERNMENT ENTITIES PROMPTLY, TO REQUIRE THE ATTORNEY GENERAL TO PURSUE ACTION NEEDED TO CAUSE A NEIGHBORING STATE TO IMPROVE THE QUALITY OR FLOW OF WATER FLOWING FROM THAT STATE INTO THIS STATE'S RIVER BASINS AND TO REQUIRE THE ATTORNEY GENERAL TO PURSUE THE RECOVERY OF RELATED DAMAGES; AND TO AMEND SECTION 49-21-10, AS AMENDED, RELATING TO DEFINITIONS IN CONNECTION WITH THE INTERBASIN TRANSFER OF WATER, SO AS TO DEFINE A "SIGNIFICANT DECLINE IN WATER QUALITY AND FLOW".
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 21, Title 49 of the 1976 Code is amended by adding:
"Section 49-21-55. The department shall review stream flow data as reported by the United States Geological Survey at river basins where water flows into the State from a neighboring state and water quality data generated by the Department of Natural Resources, from a neighboring state, and collected by this department. The department shall, on a quarterly basis, provide a report of water quality of all river basins to each county administrator, local offices of the department, the General Assembly and on the department's Internet website. The department shall report a significant decline in the water quality or flow of a river basin to each county administrator, local offices of the department, the General Assembly, and the Attorney General within five days of making such a determination. The Attorney General may pursue action needed to cause neighboring states to improve the quality or flow of water flowing into this state's river basins to acceptable levels, and to pursue the recovery of damages caused by the degradation of the quality of water in this state's river basins."
SECTION 2. Section 49-21-10 of the 1976 Code, as last amended by Act 181 of 1993, is further amended by adding:
"(7) 'Significant decline in water quality or flow' means a significant and ongoing decline in the water quality or quantity of a natural flowing stream or other natural body of water of a river basin."
SECTION 3. This act takes effect upon approval by the Governor.
This web page was last updated on Monday, June 22, 2009 at 3:08 P.M.