We were disappointed that our two clean water bills were poised for
final passage but were caught in the legislative logjam that ended the
session.The Phosphate Bill, H.3470 by Rep. Mike Pitts,
prohibits the use, sale or manufacture of dishwashing detergents
containing phosphates, a harmful execessive nutrient found in our lakes
and rivers. Phosphorus is already banned in 15 states because it kills
fish and lowers recreational revenues and home values. This bill passed
the House with a 104-0 vote in April and the last week of session, Sen. Peeler pulled the bill out of the Medical Affairs Committee to have it placed on the Senate calendar where it immediately got a 34-2 favorable vote. The Chronic Sewage Polluter Bill or "Three Strikes" Bill, H.3617 also by Rep. Mike Pitts,
requires any wastewater utility with two spills over 5,000 gallons each
in a 12-month period (per every 100 miles of pipe) to undergo a
comprehensive audit of what caused the spill and fix the problems
identified. DHEC must issue an order once the spill threshold is
reached. This compromise language is supported by the conservation
community and the 30 largest South Carolina wastewater utilities as a
means of bringing the most chronic violators into compliance. This bill
received a 108-0 vote in the House the last week of April and a 37-2 vote for second reading in the Senate the last week of session. Due to
the impasse during the last days of session as the Senate debated the
Department of Administration reform and early voting, these clean water
bills stalled in the Senate awaiting third reading. However, they are
expected to receive third reading in January when the Senate returns. We
thank Representatives Mike Pitts, Dwight Loftis and Nelson Hardwick and Senators Wes Hayes and Harvey Peeler for their leadership in protecting clean water for South Carolina and pushing these important bills very near the finish line.
Another clean water bill supported by the conservation community unfortunately died in Subcommittee. The Groundwater Protection Bill, H.3389 by Rep. Robert Brown,
would have required the construction or demolition of landfills to
adhere to proper guidelines, and required landfill liners to be used to
prevent seepage into the groundwater lying underneath it. A House
Agriculture and Environmental Affairs I Subcommittee (Rep. David
Hiott-Chair, Bill Crosby, Chandra Dillard and Chris Murphy) adjourned
debate on this bill in February after the waste industry cited concerns
about the cost of its implementation.
Two far-reaching bills
introduced by members of the Horry County delegation dealing with
coastal permitting passed this year. The Marsh Canal Dredging bill, H.3587 by Rep. Tracy Edge would bypass OCRM/DHEC and allow the U.S. Corps of Engineers to permit
counties or municipalities to dredge manmade recreational use canals
conveyed to the State before 1970. Although this bill was clearly aimed
at Cherry Grove, we expressed concerns that it would increase dredging
of wetlands across the entire coast that are now under the protection of
the Coastal Zone Management Act. Amended language narrows the
application of the law and directs OCRM to draft new regulations for
manmade canals. It passed the House unanimously the first week of March,
passed the Senate 41-0 in late April and was signed by the Governor the first week of June.
The Pier Bill, H.3586 by Rep. Nelson Hardwick
shifts the authority to approve pier related amenity structures seaward
of the regulatory baseline from OCRM to local planning and zoning
boards. We expressed concerns that these entities may lack the expertise
for these decisions but H.3586 passed the House unanimously the first
week of March, passed the Senate in a 41-2 vote in mid-April and was ratified the first week of May.
