A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 48-1-91 SO AS TO REQUIRE ANY PERSON POSSESSING AN NPDES PERMIT WHICH ALLOWS THE DISCHARGE OF EFFLUENT INTO STATE WATERS TO POST A SIGN, TO PROVIDE FOR THE REQUIREMENTS OF THAT SIGN, AND TO ESTABLISH CERTAIN EXEMPTIONS AND CIRCUMSTANCES TO WAIVE THE REQUIREMENTS OF THIS SECTION.

 

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

 

SECTION 1.  Chapter 1, Title 48 of the S.C. Code is amended by adding:

 

    Section 48-1-91. (A) Any person possessing a NPDES permit which allows the discharge of effluent into the waters of the State shall post a conspicuous and legible sign as provided for in subsection (B), except for those sites which are exempted in subsection (C) or those sites for which the requirements of this section are waived in accordance with subsection (D).

    (B) The South Carolina Department of Environmental Services shall develop a template and appropriate requirements for the signage. The sign shall be attached to the outlet or posted adjacent to the outlet in such a way that the sign shall be visible from the receiving water. If the outlet is submerged, the sign shall be posted on the bank as close to the outlet as possible. The sign shall be made of materials that are durable to typical weather conditions. The sign must include, at a minimum, the following information:

       (1) the words "Permitted Wastewater Outfall" or "Permitted Cooling Water Outfall," as appropriate;

       (2) the name of the permittee and the facility;

       (3) the permit number;

       (4) a telephone number for reporting to the department.

    (C) The following are exempt from the requirements of this section:

       (1) discharges that are composed exclusively of stormwater; and

       (2) discharges associated with NPDES General Permits for hydroelectric generating facilities, hydrostatic test water, vehicle wash water, potable water treatment plants, and the application of pesticides.

    (D) The permittee may apply to the department for a waiver from the requirements of this section for any of the following circumstances:

       (1) the posting of the sign would be inconsistent with any other state or federal statute;

       (2) the outlet to the receiving water is located on private or governmental property, which is restricted to the public through fencing, patrolling, or other control mechanisms;

       (3) such a sign cannot reasonably be maintained;

       (4) such a sign cannot be so located as to provide a public purpose; or

       (5) the nature of the discharge is temporary and of a relatively short duration.

    (E) The sign must be posted no later than twelve months after the effective date of this act, and it must be properly maintained from that point forward.

    (F) The Department of Environmental Services shall notify all NPDES permit holders registered with the department of the requirements in this section no later than December 1, 2025.

 

SECTION 2.  If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

 

SECTION 3.  This act takes effect upon approval by the Governor.

----XX----