Act 384 -- Environmental Audit and Disclosure Immunity Act
H. 3624 -- Representative Charles Sharpe

This legislation was enacted under the rationale that the protection of the environment rests principally on the public's voluntary compliance with environmental laws. Moreover, that voluntary compliance is best achieved through regular self-evaluation such as audits of compliance status. To encourage such voluntary routine self-evaluation, this act allows environmental audits to be largely confidential, and provides limited protection from penalties to those who voluntarily report violations and diligently work to correct them.

Under the act, companies could seal internal reports so as to make the records inadmissible as evidence in many legal actions. Companies which intend to take advantage of the privilege of confidentiality must notify the Department of Health and Environmental Control that an audit is being conducted within ten days of commencing the audit.

The bill also eliminates some penalties for violations which are reported voluntarily within two weeks of their discovery. This protection applies only if substantial progress is being made towards remedying the situation. Neither the confidentiality of audits nor the protection for voluntary disclosure of violations provide any sort of protection in criminal investigations. The privileges of this act apply only to civil and administrative proceedings.

Signed June 4, 1996.

Act 460 -- Hog Farms
H. 3446 -- Representative Charles Sharpe

Large hog farms in South Carolina will be subject to stricter environmental controls due to passage of H. 3446. Also, these restrictions will carry the force of law, rather than the previous rules, which did not have the force of law.

Under this legislation, the owner of a large hog farm (with a capacity of more than 420,000 pounds of normal production animal live weight) who wants to construct or expand an established animal feeding operation in South Carolina must publish (through the Department of Health and Environmental Control) a public notice in a local newspaper. In addition to this new requirement, the bill also establishes mandatory setback limits for large farms, including a minimum distance of 500 feet between a waste lagoon and a drinking well (old guidelines provided for minimum distance of 200 feet); a minimum distance of 1,320 feet between a waste lagoon and a river or stream (previous guidelines provided for minimum distance of 100 feet); and a minimum distance of 1,250 to 1,750 feet (depending on the size of the farm) between a waste lagoon and another person's property line. The bill also requires monitoring of leakage of hog waste from lagoons (previously not required).

Under H. 3446, the Department of Health and Environmental Control (DHEC) is required to promulgate regulations using the limits, distances, and other requirements of the bill as the basis for these regulations. Once DHEC's regulations are approved by the General Assembly, or take effect without action of the General Assembly, the restrictions and requirements provisions of H. 3446 will be repealed.

Signed July 3, 1996.

Act 291 -- Personal Watercraft Safety Act
H. 3320 -- Representative Dan Cooper

This act places restrictions on the operation of all sorts of personal watercraft, including the most familiar example of this type of vehicle, the jet ski. All those on board a personal watercraft must wear approved flotation devices. Personal watercraft may only be operated in the waters of this state during daylight hours. All personal watercraft must have functioning self-circling devices and engine cut-off switches in case the rider falls off a vehicle during operation. No personal watercraft may be operated in excess of idle speed while within fifty feet of a moored or anchored vessel, wharf, dock, bulkhead, pier, or person in the water. Neither may they be operated at such speeds within one hundred yards of the Atlantic coast line. A personal watercraft may not be used to tow a skier unless the driver has access to a mirror or a passenger who can keep him aware of the position of the person being towed. The person being towed must wear a flotation device. A personal watercraft may not be used for such reckless activities as jumping the wake of another vessel within two hundred feet of that other vessel.

No one under the age of sixteen may operate a personal watercraft unless: (1) he is accompanied by someone at least eighteen years old, or (2) he completes a boating safety course administered by the Department of Natural Resources. If someone knowingly allows an underaged individual to operate their personal watercraft or commits any of the other violations listed above, he is guilty of a misdemeanor and must be fined no less than $50 and no more than $300. Several exceptions are made for the use of personal watercraft by law enforcement and certain others, and none of the above restrictions apply to use of personal watercraft on private waters.

Signed May 6, 1996.

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Last Updated: September 21, 2001 at 9:18 AM